In a landmark move aimed at making justice more accessible, Chief Justice of India (CJI) Surya Kant has declared that constitutional courts will now be available to citizens facing legal emergencies at any hour, including late at night. This initiative is designed to protect fundamental rights and liberties when individuals are threatened with arrest or face urgent legal crises outside regular working hours.
Transforming Courts into People's Courts
CJI Surya Kant emphasized his commitment to transforming the Supreme Court and High Courts into true "people's courts." He stated that his endeavor is to ensure these institutions can be approached at any time during legal emergencies. The constitutional courts will function like hospitals with emergency wards, where any citizen, regardless of their status, can seek redress for urgent grievances and protection of their individual rights and liberty, even at midnight.
Key Judicial Reforms and Priority Benches
Alongside the 24/7 access initiative, the CJI outlined several other priorities for his tenure. A major focus will be on setting up multiple constitution benches to address a backlog of significant constitutional petitions. One such critical bench will examine the validity of the Special Intensive Revision (SIR) of electoral rolls, a process that began in Bihar and has now expanded to about a dozen states. This bench will convene after the nationwide updation of electoral rolls is complete.
Furthermore, CJI Kant announced he will examine the feasibility of constituting a nine-judge bench to resolve complex petitions highlighting the clash between religious freedom and women's rights. This issue spans three major case categories:
- Petitions seeking a review of the Supreme Court order allowing women of all ages into the Sabarimala temple, which traditionally barred women of menstruating age.
- Pleas challenging the practice of female genital mutilation within the Dawoodi Bohra Muslim community and the ban on women's entry into mosques.
- Cases questioning the denial of entry into Agiaries (Zoroastrian temples) for Parsi women who marry outside the community.
Strict Timelines for Arguments to Ensure Equality
In another significant reform, the CJI has decided to enforce strict timelines for lawyers presenting arguments, especially in high-stake cases. This move aims to prevent situations where renowned advocates argue for excessively long periods, as seen in the past. The landmark Ambani brothers settlement dispute, where lawyers argued for 26 days in the Supreme Court, will not be repeated.
CJI Kant explained that this measure is to ensure that poor litigants not only receive free legal assistance but also get an equal share of court time during their hearings. To implement this, the Supreme Court has issued a circular mandating:
- Mandatory submission of written submissions, not exceeding five pages, at least three days before the hearing.
- Senior advocates and arguing counsel must submit proposed timelines for their oral arguments at least one day prior to the hearing's commencement in all post-notice and regular hearing matters.
To further expedite justice, the CJI revealed that various special case categories have been identified for priority listing. This sends a clear message that the Supreme Court is committed to being a responsive and people-centric institution.
