New Delhi, India โ In a significant move towards judicial reform, Chief Justice of India (CJI) Surya Kant has outlined his key priorities, aiming to make India's top courts more accessible and efficient for every citizen. His vision includes creating "people's courts" that can be approached even during emergencies, along with strategies to expedite crucial constitutional matters and streamline court proceedings.
Courts Open for Legal Emergencies, Day or Night
CJI Kant emphasized his commitment to transforming the Supreme Court and various High Courts into truly accessible institutions. He stated that citizens facing urgent legal threats, such as potential arrest by investigative bodies at unusual hours, should be able to seek immediate intervention from constitutional courts. This means the courts would be reachable "at any time beyond working hours in legal emergencies" to safeguard fundamental rights and personal liberties.
The CJI compared this new approach to hospitals equipped with emergency wards. "In case of a legal emergency, a citizen, irrespective of their social standing, can approach the Supreme Court even at midnight to seek urgent relief and protection of their individual rights and freedom," he explained.
Tackling Major Constitutional Questions with Dedicated Benches
Prioritizing Key Cases
Another central focus for CJI Kant is the prompt resolution of numerous pending petitions that address vital constitutional issues. He plans to establish a greater number of specialized constitution benches to handle these complex matters. One such issue highlighted involves challenges to the legality of a special intensive revision (SIR) process for electoral rolls, which began in Bihar and has now spread to over a dozen states. A dedicated bench will review these SIR-related petitions once the nationwide electoral roll update is complete.
Balancing Rights: Religious Freedom vs. Women's Equality
The CJI also intends to explore the formation of a nine-judge bench to adjudicate several petitions that highlight a conflict between religious freedom and women's rights. This critical area encompasses three main types of cases:
- Petitions requesting a review of the Supreme Court's previous decision allowing women of all ages to enter the Sabarimala temple, a practice previously restricted to women of menstruating age by custom.
- Challenges against the practice of female genital mutilation within the Dawoodi Bohra Muslim community and the ban on women's entry into mosques.
- Questions surrounding the denial of entry into Agiary (Zoroastrian temples) for Parsi women who marry outside their community.
Faster Arguments, Fairer Hearings: New Timelines for Lawyers
In a significant change to court procedures, CJI Kant has decided to enforce stricter timelines for lawyers presenting arguments, especially in high-stakes cases. This means that prominent advocates will no longer be permitted to argue for extended periods, sometimes days on end, as seen in past cases.
The CJI cited an instance where lawyers argued for 26 days in the Supreme Court during a settlement dispute between the Ambani brothers, emphasizing that such prolonged proceedings will become a thing of the past. This reform aims to ensure that "poor litigants not only receive free legal assistance but also an equitable share of court time during the hearing of their cases."
New Procedural Requirements:
- Written Submissions: Lawyers must submit written arguments, limited to five pages, at least three days before the scheduled hearing.
- Argument Timelines: Senior advocates and other counsel are now required to submit their proposed timelines for oral arguments in all regular and post-notice matters at least one day prior to the hearing's commencement.
Streamlining Justice: Priority Listing for Key Cases
To further accelerate the resolution of pending cases, the Supreme Court has identified "various special categories" for priority listing. This strategic move is designed to send a clear message: the Supreme Court is indeed a people's court, dedicated to delivering swift and accessible justice to all.
