The Supreme Court on Wednesday explored the possibility of holding dedicated two-hour hearings every afternoon to clear long-pending matters before seven-judge Constitution Benches, while reserving the morning session for fresh, miscellaneous and routine cases.
The issue came up for discussion before a Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi and Justice V Mohana.
The Court noted that 29 Constitution Bench matters are currently pending. While some may have become academic, the Bench observed that the underlying legal questions could still require authoritative determination.
Addressing 29 pending matters, CJI Surya Kant pointed out that even if certain cases have become academic, the legal questions beneath them remain unresolved. Senior Advocate Kapil Sibal echoed the sentiment, stressing that conflicting opinions require the Court to settle the law. The Chief Justice promptly agreed.
Proposing a practical solution to clear the pending backlog, the CJI floated the idea of reserving post-lunch sessions for Constitution Bench hearings. Listing these cases every day between 2 PM and 4 PM, he was of the view that this exercise would strike a balance between hearing complex references and keeping up with the influx of new matters.
Sibal proposed an alternative arrangement under which Constitution Bench matters could be taken up continuously for three days a week, Tuesday, Wednesday and Thursday.
Highlighting the administrative challenges of full-day hearings, CJI Surya Kant observed that dedicating entire days to these cases would stall daily operations by leaving routine and fresh matters unheard.
Another counsel suggested that an afternoon arrangement could strike a balance between the two requirements, while cautioning that limiting hearings to two hours a day could extend the duration of proceedings.
The counsel suggested that if Constitution Bench matters were heard continuously, the Bench could exercise greater control over the time taken, while daily afternoon hearings could allow the Court to sit for four or five days a week and continue hearing fresh matters before lunch.
The CJI indicated that the Court could consider trying the proposed arrangements on an experimental basis before settling on a final schedule.
The discussion comes amid the Supreme Court’s efforts to address the backlog of Constitution Bench matters involving important and recurring questions of law that require authoritative resolution.
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