Welcome move
The face-off between the CJI and the Prime Minister that the country observed seems to have diffusing in the tenure of new Chief Justice. It is heartening that Chief Justice J S Khehar has made sure that 15 of the Supreme Court's 28 judges would forego their summer ‘vacation' to hear three important constitutional matters through three constitution benches this summer and two other judges would hear other matters during the vacation period.
When earlier chief justice T S Thakur had complained to the Prime Minister about the government sitting on recommendations for appointment of more judges and the latter had suggested as an added measure that judges sacrifice their vacation to clear the huge backlog of cases, the idea had apparently not found favour with him. That his successor has now picked up on that advice shows the current Chief Justice's penchant for finding practical solutions to problems.
Chief Justice Khehar pointed out that if the judges did not sacrifice their vacation, these cases would not be decided for years together. One of the three constitutional cases relates to the legality of triple talaq — the practice of Muslim men divorcing their wives by saying ‘talaq' thrice. This is an important reform that would set the course for women's emancipation among Muslims.
Another index of Chief Justice Khehar's well-meaning action without standing on false prestige is the Supreme Court's decision to allow its proceedings to be recorded on camera in the interests of transparency. This is also a refreshing change of attitude on the part of the apex court.
In April 2016, there were a whopping 2.18 crore cases pending across India's courts. By setting an example in sacrificing vacations, the apex court is sending out the right signals to the high courts and other courts to stop complaining of huge backlog and start acting on clearing pending cases expeditiously. Besides, by consenting to proceedings being recorded on camera, the apex court is shedding its opposition to transparency which was a long-felt need.
The apex court has also asked high courts to issue directions to lower courts that bail applications should be disposed of within a week and to sessions courts where the accused are in custody to clear such cases in two years. These, combined with the new directives on appointment of judges, would go some way in speeding up the process of disposal of cases and in creating the right climate for it. Indeed, the process of reforms that Chief Justice Khehar has set in motion should be supported by all right-thinking people.
