Syllabus
GS Paper 2 – Structure, Organization and Functioning of the Executive and the Judiciary, Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies
Context
As the paramount constitutional court in the nation, the Supreme Court grapples with a multitude of challenges, being burdened with excessive caseloads and encountering various issues. The imperative for an immediate overhaul, both in terms of structure and procedures, is underscored by the pressing demands of the time
Source
The Hindu | Editorial dated 28 November 2023
A Court of Last Resort
- Establishment of the Supreme Court
- The Supreme Court of India traces its roots back to the Regulating Act of 1773, which laid the foundation for a unified judicial system.
- Historical Evolution of Supreme Courts
- The first significant milestone was the establishment of the Supreme Court at Calcutta in 1773, followed by the creation of similar institutions in Madras (1800) and Bombay (1823).
- The subsequent India High Courts Act of 1861 marked a transformative period, leading to the formation of High Courts for various provinces while phasing out the Supreme Courts at Calcutta, Madras, and Bombay.
- Transition to Federal Court System
- High Courts served as the apex judicial bodies until the enactment of the Government of India Act in 1935, which introduced the Federal Court of India with jurisdiction over provincial disputes and appeals from High Courts.
- Post-Independence Developments
- With India’s independence in 1947, the Constitution of India came into effect on January 26, 1950, officially establishing the Supreme Court.
- Its inaugural sitting occurred on January 28, 1950.
- Constitutional Provisions and Jurisdiction
- The Supreme Court’s authority is embedded in Articles 124 to 147 of the Indian Constitution.
- Organization of the Supreme Court
- The Supreme Court comprises 34 judges, including the Chief Justice of India (CJI), in accordance with Article 124(1).
- The number of judges is subject to regulation by the Parliament.
- Evolution of Supreme Court Size
- Established in 1950 with an initial bench of eight judges.
- The size has undergone changes through subsequent parliamentary regulations.
- Seat of the Supreme Court
- The Constitution specifies the Supreme Court’s seat in Delhi.
- The Chief Justice has the authority to designate alternative locations for the Court.
Pendency of cases:
- The backlog of cases within the Indian judicial system has escalated to alarming proportions, prompting scrutiny and raising questions regarding the efficiency and effectiveness of the justice delivery system.
- Total Pendency in the Supreme Court:
- Currently, there are 79,813 cases pending before the 34 judges of the Supreme Court.
- Distribution of Bench Matters:
- The Supreme Court page on the NJDG reveals the following pending cases:
- 583 three-judge Bench matters
- 288 five-judge Bench cases
- 21 seven-judge Bench cases
- 135 nine-judge Bench references
- All of these cases fall under the civil category.
- In the month of August, 5,412 cases were filed in the Supreme Court, while 5,033 cases were disposed of.
- The Supreme Court page on the NJDG reveals the following pending cases:
- The information provided above pertains specifically to the Supreme Court.
- It’s essential to note that the situation in high courts and lower courts presents a distinct challenge, marked by a significant backlog of pending cases.
Why is there a need for structural change in the top court?
- Benches in the Supreme Court and Pendency of Cases:
- Article 145(3) of the Constitution provides for the establishment of a Constitution Bench.
- The benches typically consist of five, seven, or nine judges.
- Requires a minimum of five judges for cases involving “substantial questions of law” or Article 143 references.
- Division Benches (two judges) and full Benches (three judges) commonly handle various cases.
- Broad Jurisdiction of the Supreme Court:
- The Supreme court Hears a wide range of cases, from film prohibitions to allegations of abuse of power by officials.
- The court has entertained frivolous public interest litigations on diverse topics, such as requests to delete passages from the Quran or remove secularism from the Constitution’s Preamble.
- These factors have collectively played a substantial role in contributing to the large number of pending cases.
- Geographical distance and Accessibility
- Appeals in the top court mainly consist of cases from High Courts in close proximity to the Supreme Court.
- Predominantly, matters from the Punjab and Haryana High Court, Allahabad High Court, and Delhi High Court constitute a significant portion of the appeals.
- High Courts located farther from the apex court experience fewer filed appeals, attributed to challenges related to both accessibility and costs.
- Court Vacations:
- Supreme Court operates for only 193 working days annually, Excessive vacations in courts lead to unreasonable delays in case proceedings.
- Challenges in Government Litigation:
- The Law Commission (2018) designates the government as the primary litigant in legal proceedings.
- As of January 3, 2023, the LIMBS Project reports a substantial caseload of 6,20,000 pending cases nationwide, all involving the government.
- Complexity of Legal Cases:
- Certain legal cases, such as those related to environmental or medical malpractice, demand significant time and resources for thorough resolution.
- The complexity of litigation adds to the overall backlog of cases within the legal system.
- Challenges in Court Order Enforcement:
- The failure to enforce court orders introduces extra delays in the overall resolution of cases.
- Non-compliance with court orders undermines the efficacy and integrity of the judicial process.
- Public Interest Litigation (PIL):
- Public Interest Litigation (PIL) introduces innovative mechanisms for addressing public issues.
- While PIL is a valuable legal tool for addressing societal concerns, its utilization contributes to the rising caseload before the Supreme Court.
- Impact of Understaffed Judicial System:
- Clerical and administrative vacancies within the judicial system have repercussions on the pace of proceedings.
- Administrative delays further contribute to the backlog of cases.
- Challenges Posed by Outdated Laws:
- Numerous laws in India are outdated and necessitate modernization to align with the evolving legal landscape.
- Ambiguities in laws result in prolonged litigation, creating additional challenges within the legal system.
Efforts Taken
- E-Courts Mission Mode Project:
- Implementation in District and Subordinate Courts since 2007.
- Universal computerization to provide services to litigants, lawyers, and the judiciary.
- Virtual Courts:
- Conducting court proceedings through videoconferencing.
- Enhances access and expedites case resolution.
- E-filing:
- Submission of cases electronically over the internet.
- Minimizes physical presence and paperwork, accelerating case processing.
- Interoperable Criminal Justice System (ICJS):
- Facilitates data exchange among justice system components.
- Aids in faster case resolution.
- Fast Track Courts:
- Dedicated courts for swift case handling.
- Prioritizes backlog reduction.
- Alternative Dispute Resolution (ADR):
- Methods like Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution.
- Offers alternate avenues for speedy dispute resolution.
- Judicial Training:
- Workshops and training programs to enhance judicial efficiency and case management skills.
- Better-trained judges contribute to more efficient case navigation.
- Increased the number of Judges:
- Progression in the number of judges: 8 (1950) -> 11 (1956) -> 14 (1960) -> 18 (1978) -> 26 (1986) -> 31 (2009) -> 34 (2019).
What must be the Way Forward?
- Constitution Benches with varied strengths:
- CJI announced the intent to establish Constitution Benches with varied strengths as a permanent feature of the Court.
- This initiative aims to address the challenges posed by the existing caseload and enhance the efficiency of the judicial process.
- Division of the Supreme Court:
- Tenth Law Commission of India suggests the division of the Supreme Court into two divisions – Constitutional and Legal.
- Proposal specifies that only matters related to constitutional law would be handled by the proposed Constitutional Division.
- Eleventh Law Commission reaffirms the idea of dividing the Supreme Court.
- The rationale behind the proposal is to enhance accessibility to justice and substantially reduce litigants’ fees.
- A National Court of Appeal:
- In Bihar Legal Support Society v. Chief Justice of India (1986) case the Supreme Court expresses the “desirability” of establishing a National Court of Appeal.
- The proposed court would have the jurisdiction to handle special leave petitions.
- The objective is to enable the Supreme Court to focus exclusively on matters related to constitutional and public law questions.
- Increase in the number of judges:
- Advocating for an increase in the number of judges in the Supreme Court Would be beneficial.
- The inaugural Supreme Court in 1950 comprised eight judges, including the Chief Justice of India (CJI).
- Over the years, escalating workload and accumulating arrears led to parliamentary decisions to augment the number of judges.
- Minimizing Extended Vacations:
- Extended frequent vacations may not align well with the increasing caseload and slow pace of proceedings.
- Prolonged breaks can contribute to unavoidable delays.
- Clearing Outdated Laws:
- Review and repeal laws contributing to the backlog.
- Shift focus toward more relevant and current legal matters.
- Consistently review and update laws to eliminate ambiguity and expedite legal processes.
- Simplifying legal procedures is crucial for reducing unnecessary delays.
- Implementing Robust Case Management:
- Adopting robust case management techniques to efficiently track and expedite cases.
- Well-managed cases are more likely to reach resolutions in a timely manner.
- Facilitating Settlements:
- Encourage pre-litigation mediation and settlements to decrease the influx of cases.
- This approach significantly lightens the burden on courts.
References:
Practice Question
While Public Interest Litigation (PIL) serves as a valuable legal instrument for addressing societal concerns, its application adds to the increasing workload on the Supreme Court. Examine different factors contributing to the backlog of cases in the Supreme Court and propose measures to address this issue.