Introduction
In a groundbreaking move, the Supreme Court of India has decided to establish four specialized benches dedicated to addressing its oldest pending cases. Chief Justice of India (CJI) Surya Kant refers to this initiative as an ‘experiment’ whose success will ultimately be measured by its outcomes. In an insightful discussion with Bar & Bench, the CJI expressed his aspirations for this model to set a precedent for future chief justices.
Tackling Case Pendency
Chief Justice Surya Kant elaborated on the rationale behind this strategic decision. He detailed how an analysis of case pendency and existing listing patterns revealed that older appeals were often sidelined by the Supreme Court’s current system. The new benches aim to rectify this imbalance by focusing exclusively on the oldest civil and criminal matters.
According to the CJI, out of approximately 93,000 pending matters, nearly 10,000 are inappropriate for hearing due to unresolved objections, which are often delayed by lawyers. This leaves an actual pendency of around 83,000 cases, with nearly 40 to 45 percent being appeals where leave has been granted—among the oldest on the docket.
Implementation of Dedicated Benches
To address the concerns of litigants whose cases have been pending for years, CJI Kant has formed four dedicated benches: two focusing on the oldest civil matters and two on the oldest criminal matters. These benches will prioritize cases based on their filing year, starting with the oldest. This approach, set to begin on July 15, demonstrates the Court’s commitment to clearing its backlog of older cases.
Despite the recent addition of four new judges, the formation of these benches effectively leverages the strength of eight judges to focus on these longstanding issues. CJI Kant emphasized that the cooperation and teamwork among Supreme Court judges have been instrumental in this initiative.
Judicial Teamwork and Future Prospects
The Chief Justice explained that this was a personal initiative, conducted with the registry’s assistance, rather than a decision made in a full court meeting. After months of observing disposal patterns, the need for a new approach became apparent.
CJI Kant is optimistic about the potential for these benches to become a permanent fixture if successful. He noted that the reception from fellow judges has been overwhelmingly positive, underscoring the strong spirit of collaboration within the Supreme Court.
Perspectives on Legal Proceedings
In addition to discussing case management, CJI Kant addressed his reluctance to permit same-day mentions of fresh matters, a reform he believes has been effective, with mentions now limited to cases within each bench’s purview.
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Regarding a recent incident where a vacation bench showed leniency to a litigant using inappropriate language, CJI Kant downplayed its significance, likening it to children expressing emotions. He stated that judges must be resilient to such occurrences to maintain focus on their duties.
The Human Element
CJI Kant also acknowledged the emotional toll legal proceedings can take on litigants. He affirmed that while judicial decisions are rooted in law, judges remain sensitive to the hardships faced by individuals, sometimes going beyond legal formalities to administer justice with empathy.
