Recently, the Centre passed legislation raising the strength of judges in the top court from 31 to 34.
For the first time ever, the Supreme Court will have single-judge benches hearing and deciding cases related to bail, anticipatory bail and transfer petitions. The crucial move ordered by the Chief Justice of India (CJI) is intended to bring down the pendency of cases in the court.
Currently, a minimum of two judges preside over cases in the apex court, which has 59,616 cases pending. Two additional courtrooms have also been created in SC, taking the number to 17. The new courtrooms are expected to function from Monday.
CJI Ranjan Gogoi , who has many firsts to his credit, took the bold move by amending the Supreme Court Rules 2013 by using his power under Article 145 of the Constitution. It states: "The Supreme Court may, from time to time, with the approval of the President, make rules for regulating the practice and procedure of the Court." The amendment got the President's assent and was subsequently notified in the Gazette on September 18, 2019. So far, single judges sat in chambers to prepare cases for hearing but could not pass a binding order.
NEW ORDER
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| Can hear appeals of grant, dismissal or rejection of bail for certain offences |
| Two additional courtrooms also created to help clear pendency of 59,616 cases |
The judge now nominated by the CJI can hear appeals arising out of grant, dismissal or rejection of bail or anticipatory bail involving offences punishable with a sentence up to seven years imprisonment. This alone constitutes a large chunk of cases in the apex court. Besides, a single-judge bench will hear cases involving the transfer of a criminal case/trial from one jurisdictional court in a state to another or between High Courts, and similarly with the transfer of civil suits. Under the amended rules, the CJI has the discretion to assign any category of cases for hearing to a single judge.
Ever since the current CJI took oath in October 2018, he has aimed at filling judicial vacancies across all levels in subordinate court, high courts as well as the Supreme Court. Recently, the Centre passed legislation raising the strength of judges in the top court from 31 to 34. At present, the working strength of the Supreme Court is 30, but four new judges will take oath on Monday and contributing to a landmark moment: the highest bench strength in the history of the Supreme Court since its establishment in 1950. The top court had just five judges then.
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