The Supreme Court is considering a new approach to tackle long-pending Constitution Bench matters, with a suggested dedicated afternoon slot for hearings.
According to the report, the Court has 29 pending Constitution Bench matters, some of which may have become academic but still pose a legal issue.
CJI Surya Kant observed that these matters need to be settled, and proposed daily hearings from 2 PM to 4 PM to address them.
Senior Advocate Kapil Sibal agreed with the CJI’s assessment, noting that the academic issue remains due to two contrary views on the matter.
The Court suggested that hearing these matters daily for two hours could help settle them without allowing fresh matters to pile up.
However, Sibal proposed an alternative approach, where the Constitution Bench matters could be heard continuously across three days.
The CJI flagged a practical difficulty with this approach, as it would create difficulty in taking up routine, miscellaneous, and fresh matters.
Another counsel present suggested that the afternoon arrangement would maintain a balance, but restricting the hearing to two hours could prolong it.
The counsel added that if the matters are heard every afternoon, the Bench can continue for four or five days a week while taking fresh matters before lunch.
In practice, this development could mean that the Court’s ability to tackle long-pending cases is significantly improved, potentially bringing closure to cases that have been pending for years.
The CJI indicated that the Court could examine these solutions on a trial basis, taking up the first matter and seeing how it progresses.
Both arrangements have their advantages, and the Court will have to work out the details.
It is a step towards improving the Court’s efficiency.
The discussion on the issue took place before the Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana, highlighting the importance of finding a solution to the long-pending cases.
The Court’s consideration of a dedicated afternoon slot for hearings is a notable development, as it acknowledges the need to prioritize these cases without disrupting the regular functioning of the Court.
Ultimately, the Court’s new approach is a step towards improving its efficiency and effectiveness in addressing long-pending cases.
