HEARING OF CASES IN SUPREME COURT

The Supreme Court of India is prioritizing Special Leave Petitions (SLPs) for expedited resolution due to a backlog of over 82,000 cases. The court will hear SLPs three days per week. SLPs allow appeals to be heard in the Supreme Court and must be filed within 90 days of a High Court judgment .

Last Updated on 9th December, 2024
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Picture Courtesy: https://www.scobserver.in/journal/how-do-supreme-courts-choose-their-cases/

Context:

The Supreme Court is dealing with a huge backlog of more than 82,000 cases, and the Chief Justice of India prioritizing Special Leave Petitions for expedited resolution.

How does the Supreme Court of India decide which cases to prioritise?

The Supreme Court prioritizes cases according to their type and urgency. 

Special Leave Petitions (SLPs) are being prioritized, and the court hears them three days per week. 

Mondays and Fridays are reserved for new cases that require detailed hearings. 

What changes have been implemented in the Supreme Court’s weekly case schedule?

The Chief Justice issued a circular revising the case schedule. 

The court now reserves Tuesdays, Wednesdays, and Thursdays for "after notice miscellaneous matters," which are cases that must be decided whether to admit or dismiss. Regular hearing matters will not be scheduled on these days. 

Mondays and Fridays are reserved for new cases that require detailed hearings.

"After notice miscellaneous matters" refers to cases in which the court has sent a notice to the opposing party, usually after deciding whether to admit or dismiss an appeal. These cases require a quick decision from the court.

Special Leave Petitions (SLPs)

It allows appeals to be heard in the Supreme Court even when no statutory right to appeal exists. They assist aggrieved parties in seeking justice when serious legal issues or gross injustices arise. 

Key features of an SLP

It is filed when an aggrieved party wishes to challenge a High Court decision or decree. 

The SC has the discretion to admit or reject an SLP.

It can challenge both interim and final orders, as well as interlocutory judgments.

SLPs must be filed within 90 days of a High Court judgment or 60 days of a refusal to appeal.

Process for filing an SLP in the Supreme Court

To file an SLP, the petitioner must outline relevant facts and grounds and ensure that no similar petition has been filed in any High Court. The petition must be signed by an Advocate-on-Record, who represents clients before the Supreme Court. 

After the petition is filed, the court reviews it to determine whether to admit the case. If the SLP is deemed meritorious, the opposing party is invited to respond.

What is the role of the Supreme Court Registry in the case filing process?

The Supreme Court Registry manages the administrative process of case filing. It checks the petition and supporting documents for errors, registers the case, and submits it for listing.

The Registry ensures that cases are properly filed and assists with scheduling hearings based on the nature and urgency of the case.

Must Read Articles: 

SPECIAL LEAVE PETITIONS (SLPS)

PENDENCY OF COURT CASES IN INDIA

PENDENCY IN HIGHER COURTS

Source: 

Indian Express

PRACTICE QUESTION

Q.Discuss how the judiciary's pendency affects justice delivery in India. (150 words)

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