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Case Pendency, High Litigation Cost, and Falsehoods: Challenges Faced by the Supreme Court

29 Jan 2025 2:15 PM - By Shivam Y.

Case Pendency, High Litigation Cost, and Falsehoods: Challenges Faced by the Supreme Court

Chief Justice of India, Sanjiv Khanna, recently addressed some of the major challenges faced by the Supreme Court, including case pendency, increasing litigation costs, and falsehoods in legal practice. Speaking at a ceremonial bench event marking the 75th anniversary of the Supreme Court, he emphasized the need for reforms to ensure the accessibility and efficiency of justice.

"While our court’s journey reflects remarkable evolution in rights and reach, we must acknowledge three key challenges: delayed justice due to pending cases, mounting litigation costs that threaten accessibility, and the fundamental need for honesty in legal practice." - CJI Sanjiv Khann

Despite these challenges, he commended the Supreme Court for maintaining its accessibility and diversity, ensuring that the voices of the common public are represented at the highest judicial level.

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The Evolution of the Supreme Court Through the Decades

he Chief Justice provided an insightful journey through the Supreme Court’s evolution over the past seven decades. He compared its legal history to the rings of a mature tree, reflecting the challenges and transformations of different eras while staying rooted in constitutional values.

The First Decade (1950s): The Sunrise Years

After India gained independence, the Supreme Court played a crucial role in nation-building by interpreting and enforcing the principles of the Constitution.

  • Romesh Thapar v. State of Madras (1950): Defined reasonable restrictions on the right to freedom of speech.
  • Daryao v. State of Uttar Pradesh (1962): Established that the right to life cannot be curtailed except under constitutional provisions.

"Constitutional morality must be nurtured in a young nation like India." - Dr. B.R. Ambedkar

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The Second Decade (1960s): Years of Anchorage and Discovery

The strength of the Supreme Court was increased to 14 judges, and debates over the interpretation of fundamental rights began. The focus was on whether constitutional amendments could override fundamental rights.

  • Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure Doctrine, ruling that Parliament cannot amend the Constitution’s fundamental features.

The Third and Fourth Decades (1970s-1980s): Social Justice and Equality

The Supreme Court introduced Public Interest Litigation (PIL), expanding access to justice for marginalized communities.

  • Mumbai Kamgar Sabha v. Bombay: Stated that legal technicalities should not be used against the poor.
  • S.P. Gupta v. Union of India: Strengthened judicial accountability and remedies.
  • Hussainara Khatoon v. State of Bihar: Highlighted the need for speedy trials for undertrial prisoners.
  • Sunil Batra v. Delhi Administration: Focused on the rights of prisoners.
  • Indira Gandhi v. Raj Narain: Affirmed that judicial review and free elections are part of the Constitution’s basic structure.
  • Bandhua Mukti Morcha v. Union of India: Abolished bonded labor, upholding Article 21 (Right to Life).
  • Maneka Gandhi v. Union of India: Ruled that Articles 14, 19, and 21 are interconnected, ensuring a just, fair, and reasonable legal process.

"Justice should not be a privilege of the few; it must be accessible to all." - Justice Krishna Iyer

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The 1990s: Expansion of Fundamental Rights

The Supreme Court broadened its interpretation of fundamental rights, integrating them with Directive Principles of State Policy.

  • Unni Krishnan v. State of Andhra Pradesh: Declared Right to Education as a part of Right to Life (Article 21), leading to the Right to Education Act (2009).
  • Vishaka v. State of Rajasthan: Laid down guidelines to prevent sexual harassment at the workplace.
  • Indra Sawhney v. Union of India: Upheld affirmative action for social justice.
  • S.R. Bommai v. Union of India: Affirmed that secularism and federalism are fundamental to the Constitution.

"Fundamental rights must not only be protected but also expanded to meet the evolving needs of society."

The 2000s-Present: Strengthening Constitutional Governance

In recent decades, the Supreme Court has expanded its role, addressing women’s rights, digital freedom, arbitration, and corporate laws.

  • Strengthened women’s rights in the workplace.
  • Enhanced Right to Information (RTI) laws.
  • Upheld freedom of speech in the digital age.
  • Developed laws on Arbitration, Insolvency, and Bankruptcy Code (IBC).

"The Supreme Court continues to evolve, ensuring justice remains dynamic and inclusive."

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The Supreme Court of India has played a transformative role in shaping the nation’s democracy. From protecting fundamental rights to ensuring social justice, it has evolved into a living institution, adapting to the changing needs of society. However, addressing challenges like case pendency, high litigation costs, and ethical concerns remains crucial for maintaining public trust and judicial efficiency.

The future of justice in India will depend on how effectively these challenges are tackled while preserving the core values of the Constitution.

"The judiciary must not only interpret the law but also uphold justice in its purest form."