27 May, 2020
6 Min Read
A time for reform in courts
V.V. Sivakumar and Chitranshul Sinha are partners at Dua Associates, Advocates and Solicitors
Part of: GS-II- Judicial reforms (PT-MAINS-PERSONALITY TEST)
The Supreme Court can move away from an oral hearing-based system to one based on written submission
The pandemic has turned the world on its head. No aspect of life has escaped unscathed. This includes the functioning of courts and tribunals. The judiciary has limited its work to hearing urgent matters via video conferencing. A lot has been written about how this is an opportunity to improve IT infrastructure of courts so that they can move to video conference hearings as the norm. However, any such move without first revamping procedural law would be futile.
Changing the system
No filing reply to appeals
Even in cases of statutory appeals, and appeals where leave is granted in SLPs, the Court should do away with the system of filing reply to the appeals and rejoinders to such replies. Every case can be decided based on records of the subordinate courts. As no new arguments on facts can be raised before the Court in appeals, the system of filing additional pleadings should be rendered redundant as the pleadings are simple regurgitation of the records of the subordinate courts. Most such appeals can be dwelled upon by judges and their research assistants in chamber, and only such appeals should be granted detailed hearings where the judges require clarifications. The above mechanisms will ensure that the Supreme Court moves away from an oral hearing-based system to a written submission-based one.
Our Popular Courses
Module wise Prelims Batches
Copyright© Aspire IAS Academy. All rights reserved. Powered by CLT Technologies & Edu-Publishers Private Limited.