October 18, 2024
Supreme Court Faces Backlog with 50 Pending Constitution Bench Cases
Judiciary Supreme Court

Supreme Court Faces Backlog with 50 Pending Constitution Bench Cases

Jul 26, 2024

Last Updated on July 26, 2024 by News Desk

The Supreme Court currently has 50 Constitution Bench matters awaiting adjudication, as reported by the Union Ministry of Law & Justice, based on the National Judicial Data Grid (NJDG). Out of these, 35 cases are pending before a 5-Judge Bench, 8 cases before a 7-Judge Bench, and 9 cases before a 9-Judge Bench. This data was provided in response to a query by CPI(M) MP K. Radhakrishnan.

The list of pending cases includes the oldest case dating back to 1994, [Arjun Flour Mills. Vs. State of Orissa & Ors.], which questions the constitutional authority of state governments to collect sales tax based on annual turnover.

The Union Law Ministry also revealed that the Supreme Court has resolved 2,192 Constitution Bench matters since its inception. Breaking it down by decades, 440 cases were resolved between 1950 and 1959, 956 between 1960 and 1969, 292 between 1970 and 1979, 110 between 1980 and 1989, 157 between 1990 and 1999, 138 between 2000 and 2009, 70 between 2010 and 2019, and 29 between 2020 and 2024.

Addressing concerns about whether government disinterest contributes to the backlog, the Law Ministry clarified that case disposal is solely within the judiciary’s purview. The Ministry emphasized that Constitution Bench cases often involve complex legal issues, with proceedings sometimes lasting several days to months. These cases demand thorough analysis and detailed examination of the law, making it impractical to impose strict timelines for their resolution.

In related news, the Supreme Court has urged the Union to address the poor state of solid waste management in the capital by convening an urgent meeting with GNCTD and MCD. Additionally, the court recalled a 2017 direction stating that a Pollution Under Control (PUC) certificate is not mandatory for third-party insurance. Furthermore, the Supreme Court suggested using remote sensing technology to combat vehicular pollution in Delhi-NCR.

The judiciary’s backlog underscores the complexity and time-intensive nature of constitutional adjudication, highlighting the need for sustained efforts to streamline case management and ensure timely justice.

Written by — Athi Venkatesh AVD

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