GS 2: GovernanceGS 2: PolityPrelimsGS 2: Important Aspects of Governance, Transparency and AccountabilityGS 2: Separation of Powers and Dispute Redressal Mechanisms

Why make litigants rush to SC for early hearings, CJI asks HCs, Pg12

CJI flags growing trend of litigants approaching Supreme Court for early High Court hearings amid 65 lakh case backlog, urging improved responsiveness.

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Key Highlights:

  • Chief Justice of India (CJI) Surya Kant expressed concern over the growing trend of litigants approaching the Supreme Court for early hearings of cases pending in State High Courts.
  • High Courts across India face a significant backlog of 65,54,788 cases, while the Supreme Court has a pendency of 97,201 cases.
  • There are 292 judicial vacancies in the 25 High Courts against a total sanctioned strength of 1,122 as of October 6, 2026.
  • The CJI questioned the responsiveness of High Courts' processes and listing procedures, despite respecting their institutional autonomy.
  • He highlighted the broader powers of High Courts under Article 226 compared to the Supreme Court's powers under Article 32.

Detailed Insights:

  • The CJI's remarks were made during an address at the Kerala High Court, emphasizing a collective responsibility to address the issue.
  • The increase in the number of Supreme Court judges from 34 to 38 has not effectively stemmed the rising case pendency.
  • The CJI raised questions about more effective identification of urgent matters and ensuring transparent and predictable listing procedures.
  • He also questioned why access to timely justice should depend on a litigant's ability to travel to the national capital.
  • The Supreme Court has consistently upheld the institutional autonomy of High Courts, including their authority to manage their own rosters.
  • The issue underscores challenges in ensuring timely and accessible justice for all citizens within the Indian judicial system.

Key Concepts Involved:

  • Judicial Pendency: The backlog of cases awaiting disposal in courts.
  • Article 226: Empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose.
  • Article 32: Guarantees the right to move the Supreme Court for the enforcement of fundamental rights.
  • Institutional Autonomy: The independence of High Courts in their internal functioning and administration.
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