Supreme Court’s Approach to Prioritising Cases: Tackling Case Backlog

What’s in today’s article?

• Why in News?
• Understanding Special Leave Petition (SLP) in India
• Key Reforms Under CJI Sanjiv Khanna
• Challenges and Outcomes of the Reforms Under CJI Sanjiv Khanna
• The Supreme Court’s Case Lifecycle
• Conclusion

Why in News?

• The Supreme Court of India (SC) faces a substantial backlog, with over 82,000 cases pending.
• The Chief Justice of India (CJI) Sanjiv Khanna has introduced reforms to manage this challenge, focusing on prioritising Special Leave Petitions (SLP) for expedited resolution.

Understanding Special Leave Petition (SLP) in India:

• Meaning: The SC is vested with extraordinary jurisdiction under Article 136 of the Constitution, granting it the power to entertain SLPs.
• Key features:
  • Scope:
    • Allows appeals from any judgment, decree, determination, sentence, or order made by any court or tribunal in India, except military tribunals or courts-martial.
    • Can challenge interim or final orders, including interlocutory judgments.
  • Purpose: Invoked when substantial questions of law or instances of gross injustice arise.
  • Discretionary power: The SC has the authority to accept or decline SLPs. Filing an SLP is not a matter of right but is contingent upon the SC’s discretion.
• Eligibility to file an SLP:
  • Any aggrieved party dissatisfied with:
    • A High Court judgment or decree.
    • Refusal of a High Court to grant a certificate of appeal to the SC.
  • Applicable to both civil and criminal matters.
• Time limits for filing an SLP:
  • Against High Court (HC) judgments: Within 90 days from the date of the judgment.
  • Against refusal of a certificate of fitness for appeal: Within 60 days from the date of refusal by the HC.
• Procedure for filing an SLP:
  • Filing the petition: The SLP must outline all relevant facts and grounds for the SC to evaluate the appeal. It must include a declaration that no similar petition has been filed in any HC.
  • Role of Advocate-on-Record: The petition must be duly signed by an Advocate-on-Record, authorised to represent clients in the SC.
  • Initial review by the SC: The SC hears the petitioner to evaluate the merits of the case. If deemed fit, the opposing party is allowed to respond via a counter affidavit.
  • Decision to grant leave: The SC determines if the case warrants further hearing. If the petition lacks merit, the Court may dismiss the SLP outright.
• Significance of SLP:
  • Extraordinary relief: Provides aggrieved parties an avenue for justice even when no statutory right of appeal exists.
  • Upholding rule of law: Ensures substantial questions of law or grave injustices are addressed.
  • Judicial discretion: Balances the SC’s workload while maintaining focus on critical legal issues.

Key Reforms Under CJI Sanjiv Khanna:

• Focus on special leave petitions (SLPs):
  • SLPs overview:
    • SLPs are appeals against High Court (HC) orders that require the SC’s permission to be heard.
    • The SC accepts only 14% of SLPs filed, but their dismissal significantly reduces pendency.
  • Revised schedule:
    • Tuesdays, Wednesdays, and Thursdays: Reserved for “after notice miscellaneous matters” to decide on admitting or dismissing SLPs.
    • Mondays and Fridays: Focused on fresh cases requiring detailed hearings.
• Administrative circular:
  • Issued five days into CJI Khanna’s tenure, the circular restricts regular hearings on Wednesdays and Thursdays.
  • The aim is to prioritise quick decisions on admission-stage cases, clearing the backlog more efficiently.

Challenges and Comparison of Reforms Under CJI Sanjiv Khanna:

• Impact on case pendency:
  • While brief hearings for SLPs (average 1 minute 33 seconds) reduce delays, full hearings for admitted cases take over four years.
  • Regular hearing matters, already pending for years, face further delays under this approach.
• Comparison with previous CJIs’ strategies:
  • Justice D.Y. Chandrachud (2022–2024): Focused on long-pending constitutional and regular hearing matters. Reduced pendency of regular cases from 28,682 to 22,000.
  • Justice U.U. Lalit (2022): Emphasised constitutional matters during his short tenure.

The Supreme Court’s Case Lifecycle:

• Filing and registration: Cases are filed by an Advocate-on-Record (AoR) through physical or e-Filing systems. Verified for defects (e.g., incorrect details, missing signatures) by the SC Registry, led by the Secretary General.
• Scheduling and hearing process:
  • Miscellaneous days (Mondays and Fridays): Initial hearings for fresh matters.
  • Non-miscellaneous days (Tuesdays to Thursdays): Cases requiring detailed consideration, including Constitution Bench hearings.
• Admission and final verdict: Post-admission, cases undergo detailed final hearings before a verdict is delivered.

Conclusion:

• CJI Khanna’s strategy reflects a shift toward resolving admission-stage cases swiftly to curb rising pendency.
• While this approach accelerates decisions on SLPs, it raises concerns about delays in long-pending regular hearing matters.
• The SC’s ongoing administrative and judicial reforms highlight its commitment to balancing efficiency and justice.

Q.1. What is the reason for the high number of pending cases in the Indian judiciary?

There are several factors that contribute to the total number of pending cases in Indian courts: Procedural delays (Cumbersome legal procedures), repeated adjournments, and delays in evidence submission can lengthen the legal process, resulting in cases languishing in the courts.

Q.2. What is the e-Courts Mission Mode Project?

The Government of India has launched the E-Courts Integrated Mission Mode Project for the computerisation of District and subordinate courts with the objective of improving access to justice.

News: Explained: How the Supreme Court hears cases

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