The listing system in the SC

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listing system

News Highlight

There was an open criticism of the Supreme Court’s new case listing system introduced by the new Chief Justice of India.

Key Takeaway

  • The system of listing cases for hearing is devised by the Supreme Court with a focus on clearing the backlog and regular hearing cases are not neglected.

What is the new listing system?

  • The introduction of the listing system by CJI meant two distinct shifts for the 30 judges.
    • They gathered on 15 different benches on Mondays and Fridays to hear newly filed cases, which numbered more than 60 each day.
    • On Tuesdays, Wednesdays, and Thursdays, the judges heard old cases involving important legal issues in the morning session in a combination of three-judge benches.
    • In the afternoon, the two-judge benches were assigned 30-odd after-notice cases (reduced to 20 later) to be dealt with in 120 minutes, averaging 4 minutes of judicial attention per case.
  • The Supreme Court bench remarked that the new listing system does not give adequate time to take up matters fixed for hearing.

The Chief Justice of India (CJI)

  • The Chief Justice of India is appointed by the President under clause (2) of Article 124 of the Constitution.
  • From 1950 to 1973, the practice was to appoint the seniormost judge of the SC as the CJI.
  • This established convention was violated in 1973 when A. N. Ray was appointed as the Chief Justice of India by superseding three senior judges.
  • SC in the Second Judges Case (1993), ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the CJI.

The Powers of CJI

  • The Chief Justice is in charge of allocating cases and appointing constitutional benches that deal with key legal issues as the leader of the Supreme Court.
  • The CJI delegates all duties to the other justices in line with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966.
  • The CJI is responsible for the following administrative tasks:
    • Maintenance of the roster; appointment of court officials;
    • Other general and incidental topics concerning the Supreme Court’s supervision and operation.

Pic Courtesy: The wire

Content Source: The Economic Times

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1. The Chief Justice of India (CJI) is appointed by the President under Article 143 of the Constitution.
2. The seniormost judge of the Supreme Court should be appointed to the office of the CJI.

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