Supreme courts usefullness in the current situation
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The Supreme Court of India, as the highest court of the land, has a sacrosanct function to ensure that the country is governed adhering to the principles of the rule of law. It has evolved remarkably well, steering the country through thick and thin. It also has had a tremendous contribution to the jurisprudential landscape, not just in the country but also internationally. The time has come, however, to revisit the court’s function and align it with the needs of today.
A different time
Since the Supreme Court was established in 1950, the nation’s demands have changed tremendously. The population of India in 1950 was less than 36 crores. At present, it is over 1.2 billion. The questions that came before the courts back then were also of a comparatively rudimentary nature – as can be expected of a newly-conceived nation. There were, of course, important constitutional matters that the Court had to adjudicate on. However, areas of law like intellectual property, and taxation and corporate law were not as big as they are today. Thus, with a limited population and limited areas of law, the Court could cope with just the chief justice and seven judges. Working hours and days were also limited to four hours a day, 28 days a year.
Over the decades, with the growth in population and an increasing number of cases going for appeal, the current number of judges at the Supreme Court increased and now stands at 25 (with the maximum allowed being 31). The Court also functions for most of the year now. Even with the increase in the number of judges and working hours, there is a massive backlog of cases. In 2015, the previous chief justice of India, Justice H L Dattu, estimated the number of pending cases in the country at three crores. A majority of these cases were in the lower courts but there was also a substantial number of cases pending before the Supreme Court.
A different time
Since the Supreme Court was established in 1950, the nation’s demands have changed tremendously. The population of India in 1950 was less than 36 crores. At present, it is over 1.2 billion. The questions that came before the courts back then were also of a comparatively rudimentary nature – as can be expected of a newly-conceived nation. There were, of course, important constitutional matters that the Court had to adjudicate on. However, areas of law like intellectual property, and taxation and corporate law were not as big as they are today. Thus, with a limited population and limited areas of law, the Court could cope with just the chief justice and seven judges. Working hours and days were also limited to four hours a day, 28 days a year.
Over the decades, with the growth in population and an increasing number of cases going for appeal, the current number of judges at the Supreme Court increased and now stands at 25 (with the maximum allowed being 31). The Court also functions for most of the year now. Even with the increase in the number of judges and working hours, there is a massive backlog of cases. In 2015, the previous chief justice of India, Justice H L Dattu, estimated the number of pending cases in the country at three crores. A majority of these cases were in the lower courts but there was also a substantial number of cases pending before the Supreme Court.
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