In his short tenure as the country’s top judge, Chief Justice of India Uday Umesh Lalit has ushered in changes aimed at reducing the backlog of cases in the Supreme Court and streamlining the process of listing and hearing cases, especially urgent matters.
Shortly after assuming office on August 27, Lalit said the Supreme Court achieved the feat of disposing of 1,842 cases over four days. Moreover, the case pendency in the nation’s highest court stood at 69,461 on October 1, as against 70,310 on September 1, according to statistics published by the Supreme Court. A considerable number of fresh cases were disposed of during this period.
The developments can be attributed to the changes that Lalit introduced as administrative head of the Supreme Court. Lalit proposed the measures during the farewell ceremony held for his predecessor NV Ramana in August.
Listing his propositions, Lalit said he intends to have at least one constitution bench functioning at any given time, and 15 benches of two-judge combinations sitting from Tuesdays through Thursdays every week.
As many as 25 pending constitution bench cases were drawn up shortly before Lalit’s tenure as CJI started. These cases were listed before various five-judge constitution benches.
Constitutional amendment
Of these cases, the challenge to the validity of the 103rd constitutional amendment was heard by a five-judge bench headed by Lalit. The amendment carved out reservation for the economically weaker section in public education and employment and faced a challenge for being unconstitutional. A decision on the issue will be passed before Lalit demits office on November 8.
Separately, cases such as the challenge to the validity of WhatsApp’s privacy policy, the demonetisation scheme, and issues raised during the Maharashtra political crisis as well as the tussle between the Delhi government and the Centre were listed for hearing.
Lalit had also promised a transparent system for listing of cases and a streamlined process for the mentioning and listing of urgent cases.
During the proceedings in Lalit's courtroom, personal liberty cases such as bail and anticipatory bail matters were given urgent hearing when mentioned.
Another change introduced by Lalit was the order in which cases were heard by the Supreme Court on a daily basis, which meant that fresh cases were taken up for hearing in the post-lunch session, while long-pending cases requiring detailed hearings were heard in the morning. This new format was a reversal of the system that was in place before Lalit took charge.
This change, which faced teething problems, also ensured that several cases that had remained in cold storage for long durations finally got the required hearing. As a result, cases such as the plea concerning the Radia tapes leak and certain cases concerning compensation paid to victims of the 1992 Mumbai riot victims, and pleas related to the 2002 Gujarat riots were given a hearing.
These administrative changes appear to have set the stage for expeditious hearing and disposing of cases. Since taking charge, Lalit has, on many occasions, expressed his focus on expeditious disposal of cases and reducing the burden of pendency from the Supreme Court.
The changes are likely to be continued by Lalit’s successor, DY Chandrachud, who will be sworn in as the 50th CJI on November 9.
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