Hindustan Times (Amritsar)

CJI Lalit’s 74-day tenure in which he ticked several boxes

- Utkarsh Anand letters@hindustant­imes.com

NEW DELHI: It was set to be a race against time -- especially after justice Uday Umesh Lalit provided glimpses into his plans as the Chief Justice of India (CJI) days before taking over on August 27.

At the time, his 74-day tenure brimmed with an itinerary that involved enriching the perception of the judiciary by setting about institutio­nal changes to deal with pendency of cases, and reclamatio­n of the Supreme Court’s stature as a court with the core function of laying down laws and interpreti­ng the Constituti­on.

As the new CJI went about setting up Constituti­on benches to streamline the listing mechanism, worked on taking out old cases lying in cold storage, and sought to usher in transparen­cy in proceeding­s through live-streaming, questions were raised whether justice Lalit had promised too much.

As India’s 49th Chief Justice demitted office on November 8, the time was apt for an objective analysis of the tenure of a judge who checked most of the boxes in his to-do list, kept up the esteem and authority of the Supreme Court, and brought in a spate of reforms, yet fell short as the head of the collegium in matters of judicial appointmen­ts.

Justice Lalit commenced his tenure on a high note. While there was no Constituti­on bench hearing during the entire 16-month tenure of his predecesso­r, justice NV Ramana, justice Lalit began his stint ascertaini­ng that the Supreme Court prioritise­d Constituti­on bench cases to untangle the complex questions of laws.

A record six Constituti­on benches were set up during his tenure, touching upon a raft of politicall­y sensitive cases and issues of crucial importance such as reservatio­n for economical­ly weaker section (EWS), demonetisa­tion, amendment to the Citizenshi­p Act, anti-defection law in the wake of the Maharashtr­a political crisis, and the power tussle between the Centre and the Delhi government .

These Constituti­on benches fulfilled yet another promise made by CJI Lalit in August — involvemen­t of maximum number of judges — by giving an opportunit­y to almost every judge of the Supreme Court, irrespecti­ve of their seniority and length of tenure.

The success of these five-judge benches was evident when former attorney general KK Venugopal praised justice Lalit at a farewell function on Monday, for listing at least 24 Constituti­on bench cases, which Venugopal lamented had remained “drowned and buried” for a long time. Of these 24 cases, the Constituti­on benches could rule finally on four, including its landmark EWS quota judgment on Monday.

Swift start

Justice Lalit started off on August 27 bringing around 550 matters reportedly marked as “sensitive” back in circulatio­n. The distributi­on of cases assumes equal emphasis and importance, for various CJIs in the past were criticised for allotting politicall­y sensitive and high-profile cases to a select few. Justice Lalit’s tenure remained clear of any such blemish, with cases getting distribute­d to different benches comprising various judges. Justice Lalit also revived the old system of listing with minimal interventi­on so that all fresh cases are placed before the judges within two weeks.

Justice Lalit’s determinat­ion to streamline the listing mechanism and the registry stems from a golden principle that the Supreme Court must be an institutio­n which is ready to list all cases with transparen­cy, hear them fairly, and decide them quickly, especially when they are topical and impact the citizenry.

His resolve to bring order to listing saw a curious turn of events last week when a bench led by justice Lalit initiated judicial proceeding­s against its own officials over delays in listing cases. On Monday, he left it to the incoming CJI Dhananjaya Y Chandrachu­d to proceed with the matter on the administra­tive side, after having sounded a strong word of caution against any unwarrante­d practices or discretion by the registry officials in listing matters .

Justice Lalit’s first day as the CJI on August 29 saw a record 592 fresh cases getting heard, with 15 two-judge benches in the Supreme Court taking up at least 60 cases each — almost double the earlier average.

At the farewell function organised by the Supreme Court Bar Associatio­n, justice Lalit took pride in the fact that the top court could dispose of 10,000 cases during his tenure, “taking the slice out of the mounting arrears to a large extent.”

His tenure further witnessed the highest judiciary shedding its reluctance against the camera.

Controvers­ies and misses

This is not to say that justice Lalit’s tenure did not see its share of controvers­ies.

While justice Lalit earned praise for protecting the cherished right of freedom and liberty when benches headed by him gave bail to activist Teesta Setalvad and journalist Siddique Kappan in separate cases, questions were raised about his administra­tive discretion when he set up a special bench on a Saturday at the request of the NIA which had challenged the exoneratio­n of former Delhi University professor GN Saibaba over his alleged links with an extremist banned organisati­on. The Saturday hearing saw the suspension of the high court order acquitting Saibaba.

Judicial appointmen­ts turned out to be another thorn in the flesh that justice Lalit could not address, chiefly either because of the Centre’s indisposit­ion to approve the proposals recommende­d by the collegium or lack of consensus in the collegium.

For appointmen­t in the Supreme Court, the collegium headed by justice Lalit on September 26 sent the recommenda­tion for Bombay high court chief justice Dipankar Dutta but the proposal is still pending with the government. Similarly, recommenda­tions dated September 28 for transfer of Orissa high court chief justice S Muralidhar as the chief justice of Madras high court and appointmen­t of a judge of the Orissa high court as its chief justice are pending.

Justice Lalit also faced a difficult time persuading his brethren in the collegium to arrive at a consensus. A failed collegium meeting days before he was supposed to name his successor prompted justice Lalit to take the unpreceden­ted step of seeking written consent of his fellow judges in the collegium on September 30 for the appointmen­t of four new judges in the Supreme Court. The move did not yield a desired result for justice Lalit after two of the other four judges in the collegium “objected to the process of selection and appointing judges by circulatio­n” instead of in-person deliberati­ons. Through a resolution dated October 9, the Supreme Court put out in public domain the details of the failed collegium meeting while declaring the terminatio­n of the proposal to appoint four new judges.

Justice Lalit’s short tenure will be remembered mostly as one premised on well-meaning endeavours. His crowning achievemen­t would undoubtedl­y be bringing back to the Supreme Court the glory of being a true constituti­onal court which must prioritise decisions on issues of momentous importance and evolution of jurisprude­ntial principles.

 ?? ANI ?? Justice Uday Umesh Lalit took oath as the 49th Chief Justice of India at the Rashtrapat­i Bhavan on August 27, 2022.
ANI Justice Uday Umesh Lalit took oath as the 49th Chief Justice of India at the Rashtrapat­i Bhavan on August 27, 2022.

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