What's New :
Target PT - Prelims Classes 2025. Visit Here
9th December 2024 (9 Topics)

How the Supreme Court hears cases

Context

The Supreme Court of India faces an overwhelming number of cases each year, with thousands already pending. To manage this large caseload, the Court prioritizes cases through a systematic approach that balances urgent matters with those requiring detailed hearings.

How the Court decides which cases to prioritize?

  • Over the last month, the Supreme Court has been focusing on Special Leave Petitions (SLPs). These are cases where the Court has already issued notices to the involved parties but has not yet admitted the case for hearing. These petitions primarily consist of appeals from High Court decisions, and the Court first decides whether to grant permission (leave) to appeal.
    • SLP Admission: If granted, the case moves forward to be fully heard. If denied, the case is dismissed, which helps in reducing the backlog.
    • Short Hearings: The Court deals with these cases quickly, often in hearings that last just a few minutes, allowing for a swift decision on whether to admit or reject them.
  • To expedite this process, Chief Justice Sanjiv Khanna has scheduled three days a week (Tuesdays, Wednesdays, and Thursdays) for handling these SLPs, limiting the number of cases requiring detailed hearings to the remaining days (Mondays and Fridays).

Efforts to Address Backlog

Currently, over 82,000 cases are pending before the Supreme Court. To manage this large volume, CJI Khanna has focused on:

  • Expediting SLPs: By prioritizing petitions that are at the admission stage, the Court quickly resolves whether they should be admitted or dismissed, cutting down on the backlog.
  • Limiting Regular Hearings: Detailed hearings, which involve full arguments from both parties, are now scheduled mainly on Mondays and Fridays, allowing the Court to focus on faster disposals during the rest of the week.

Case Flow and the Administrative Process

The Supreme Court Registry plays a key role in managing how cases are processed. Here’s a look at the general journey of a case:

  • Filing and Verification: Cases are filed through an advocate, and the supporting documents are checked for completeness. Once verified, the case is assigned a diary number and registered.
  • Listing for Hearing: After registration, cases are scheduled for hearing. Mondays and Fridays are designated as Miscellaneous Days, where fresh cases are considered. These cases are either admitted or dismissed after a brief hearing.
  • After Notice Matters: Once a case is admitted, it enters the "after notice miscellaneous" phase, where the Court decides whether to move forward with the full hearing or dismiss it.

Constitution Bench Hearings

  • Some complex cases, particularly those requiring interpretation of the Constitution, are heard by a Constitution Bench.
  • These cases are also prioritized, especially as they can have significant implications for the country’s legal framework.
  • These hearings are often scheduled on Wednesdays and Thursdays when no regular matters are heard.

Surge in Pending Cases in Indian Courts

  • The number of pending cases in India’s judicial system has been increasing sharply, with the most significant rise seen in subordinate courts. The Supreme Court and High Courts are also facing growing backlogs, though the extent of the issue is most pronounced at the lower court levels.

Key Statistics:

  • Supreme Court: Pending cases surged by 35% from 59,859 in 2019 to 80,765 by the end of 2023, an increase of over 20,900 cases.
  • High Courts: Pending cases increased by 33%, from 468,000 in 2019 to 620,000 in 2023, marking a rise of 150,000 cases.
  • Subordinate Courts: The backlog is the highest here, with over 40 million cases pending by the end of 2023, up from 32 million in 2019, a rise of 38%. Uttar Pradesh leads with over 11 million pending cases in its subordinate courts.

Factors Contributing to the Rise in Pending Cases:

  • Infrastructure and Staffing Issues: The physical infrastructure of courts and the availability of support staff are crucial for processing cases efficiently. Insufficient resources, especially in lower courts, contribute significantly to delays.
  • Complexity of Cases: The complex nature of many cases, particularly in areas like criminal law, family law, and commercial disputes, leads to longer processing times. Cases that require detailed examination of evidence and expert testimony can take years to resolve.
  • Nature of Evidence: In many cases, the nature and volume of evidence—such as forensic reports, witness testimonies, or complex documentation—can delay proceedings, especially if the evidence is contested or requires lengthy analysis.
  • Lack of Coordination Among Agencies: Delays are often due to poor coordination between various stakeholders in the criminal justice system, such as the police, prosecution, forensic labs, and witnesses. These agencies need to work together seamlessly, but frequent gaps in cooperation often slow down case resolution.
  • Frequent Adjournments: Another key factor is the frequent adjournments requested by litigants, lawyers, or even the court itself. These adjournments can push back hearings, sometimes delaying cases by months or even years.
  • Lack of Timelines for Case Disposal: The absence of clear timeframes for the disposal of various types of cases further contributes to delays. Without defined limits, cases can drag on for extended periods, especially if there are no consequences for exceeding the set time.
  • Inadequate Monitoring and Oversight: Monitoring systems for tracking the progress of cases are often weak or poorly implemented. This lack of oversight leads to delays, as cases can languish without proper follow-up.

Impact of Backlog:

  • Delayed Justice: The growing backlog means that justice is delayed, which harms citizens who are waiting for resolution. Particularly in cases involving human rights, criminal offenses, or family disputes, delays can cause significant harm to individuals and communities.
  • Pressure on Judges: The backlog increases the pressure on judges and court staff, leading to fatigue and further inefficiencies. It also results in a high caseload per judge, making it difficult to ensure detailed, quality decisions.

Verifying, please be patient.

Enquire Now