Pendency remains hurdle to Supreme Court’s role as timely protector of citizens’ rights

CJI says the top court has to hear every little cry for personal liberty and safeguarding rights, but Law Ministry figures given in Parliament show big backlog of cases that may mar the good work

Chief Justice of India D.Y. Chandrachud has said the very purpose of the Supreme Court is to hear every little cry for personal liberty and protection of fundamental rights.

But pendency is a perennial drawback that affects the court’s role as the timely protector of citizens’ rights.

Law Minister Kiren Rijiju has reportedly said the court is bogged down by “frivolous” public interest litigations and bail applications. The “extra burden” has reduced the efficacy of justice administration. The government’s zeroing in on bail applications as one of the reasons for slow justice comes at a time when 10 bail pleas are heard every day by all 13 Benches of the Supreme Court. The CJI has made it clear that bail petitions deal with the question of personal liberty and should not be delayed.

Moreover, PILs like the one for an independent and neutral mechanism for appointment of Election Commissioners have raised important issues, with a Constitution Bench recently pointing out orally how the government is paying mere “lip-service” to the independence of the poll body by appointing bureaucrats who cannot even complete the statutory six-year tenure in office.

But the statistics do show pendency as a constantly looming shadow, threatening to engulf the good work.

In fact, an exasperated Chief Justice Chandrachud in November had remarked that “widened access to the Supreme Court” is making things dysfunctional. The Chief Justice said the judiciary is “overburdened because of the system”.

Figures in the Parliament reveal that there are 498 Constitution Bench cases pending in the Supreme Court as on December 13, 2022.