HT Interview: Pending cases need handling across levels, says Justice Lalit

In an interview with Hindustan Times, Justice Lalit acknowledged that constitution bench cases had taken a backseat in the recent past, and that the highest court of the land must untangle the complex questions of law, which by virtue of being unresolved, spark off a spate of litigation at every level and choke the judicial system.

Poised to take over as the 49th Chief Justice of India on August 27, Justice Uday Umesh Lalit has said that the Supreme Court must take the lead in reducing pendency of cases “at the earliest” by staving off new cases at all levels due to the ones awaiting decisions at the top court.

(PTI)

In an interview with Hindustan Times, Justice Lalit acknowledged that constitution bench cases had taken a backseat in the recent past, and that the highest court of the land must untangle the complex questions of law, which by virtue of being unresolved, spark off a spate of litigation at every level and choke the judicial system.

“When a criminal appeal remains pending in the Supreme Court, it gives rise to tertiary litigation. There will be applications for bail and other miscellaneous pleas. So, one pending matter will beget more cases at different levels. Therefore, the need is to tackle the one pending before the Supreme Court at the earliest,” he said.

Justice Lalit recalled that he always wanted to be a judge. Thus, on a hot July day in 2014, when he was offered judgeship at the top court, his answer was an instant “yes”. As a proud man, Justice Lalit rushed back home and told his wife, Amita Lalit, about accepting the offer. And she quipped: “Finally!”

Justice Lalit told HT he had no idea at that point that he would also be heading the judiciary one day. Close on the heels of taking the helm, Justice Lalit reveals that he has a plan – a plan that involves enriching the perception of the judiciary by setting about institutional changes to deal with ever-mounting pendency of cases and reclamation of the Supreme Court as a court that has the primary function of laying down laws and interpreting the Constitution.

“I always believe that the Supreme Court’s basic function is to lay down the law and interpret the Constitution with such clarity that it becomes a guiding beacon for everybody to follow. So, the emphasis must be on constitution bench issues which are pending consideration... I also believe that every judge in the Supreme Court should be associated with at least two or three constitution benches,” the CJI-designate said.

Even as he has less than three months in his stride as the CJI, Justice Lalit feels it is not the length of the tenure but the sweep and pertinence of the contributions that would eventually count.