Editorial: A step in right direction

The new system of listing cases, introduced in the Supreme Court, is a small but significant step to address the issue of pendency. Essentially, the new listing system, put in place after Chief Justice UU Lalit assumed office, attempts to expedite hearings in after-notice matters, which keep getting backlogged, by listing more of them on […]

The new system of listing cases, introduced in the Supreme Court, is a small but significant step to address the issue of pendency. Essentially, the new listing system, put in place after Chief Justice UU Lalit assumed office, attempts to expedite hearings in after-notice matters, which keep getting backlogged, by listing more of them on Tuesday, Wednesday and Thursday afternoons. Also, more fresh admission matters will be listed on Mondays and Fridays. The new system stipulates that on Mondays and Fridays, 30 judges are to sit in a combination of two and deal with over 60 miscellaneous matters of each bench, including the fresh PILs. On other days, the judges would first take detailed hearing matters which are generally old cases pending for years. The change is widely seen as an attempt by the CJI to reduce the rising backlog and ensure faster listing of fresh matters. It is likely to reduce adjournments sought by lawyers who often claim that the matter was listed at the eleventh hour after remaining pending for years and therefore they could not prepare for the case. The results are encouraging. In 13 days, the apex court disposed of 5,200 cases and admitted 1,135 fresh matters – 70,310 matters were pending as of September 1. There is a long way to go but the pendency will reduce if cases disposed of steadily outnumber the new cases. The pendency of cases is a huge legacy issue in India. The pandemic has only exacerbated the problem. Addressing the pendency issue forms a key aspect of judicial reforms.

Along with bringing in the changes like the new case listing system, there is a need to adopt new technological tools to help the courts in speedy clearance of cases. The recent announcement on revival of Constitution Benches, which would work throughout the year, is also a step in the right direction. Cases involving substantial questions on the interpretation of the Constitution are among the more crucial cases that need to be resolved at the level of the apex court. The decision to list 25 Constitution Bench matters for hearing on a daily basis sends the right message to all stakeholders. The systemic changes should also be extended to the high courts, where over 59 lakh cases are pending. Like the apex court, around 70% of pendency in high courts involves admission stage matters. So, similar reforms in listing must be pursued there too. The Central and State governments, the biggest litigants, have a greater role in reducing the pendency. They must upgrade judicial infrastructure, fill judicial vacancies and avoid frivolous litigation. A comprehensive set of judicial reforms is the best solution to address the systemic inadequacies. Adoption of modern technology tools and artificial intelligence will help radically improve the functioning of the judiciary.

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