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Single-judge benches to hear cases in SC
For the first time in its 70-year history, the Supreme Court will have single-judge benches hearing cases, starting on May 13, according to a notice published on
For the first time in its 70-year history, the Supreme Court will have single-judge benches hearing cases, starting on May 13, according to a notice published on the website of the apex court on Monday. .
Until now, benches in the top court have sat in two-judge combinations to hear routine cases; three-judge benches used to preside over special matters. Cases involving constitutional questions are heard by benches composed of five or more judges.
Single-judge benches will hear appeals arising out of bail and anticipatory bail cases involving offences that are punishable with less than seven years’ imprisonment, according to the notice on the Supreme Court website. Applications seeking transfer of cases from one high court to another or from a trial court in one state to one in another state will also be heard by single-judge benches.
The decision has been taken to reduce the backlog of cases as a large number of transfer petitions and bail matters clog up the docket at the top court.
“It is a welcome move. Besides helping combat pendency, the kind of cases which will be heard by a single judge, that is bail matters and transfer petitions, require limited judicial application of mind. They are mostly matters involving questions of fact and, to a large extent, require application of discretion by the judges. Therefore, it is always better that a single judge hears such matters”, Supreme Court advocate Sriram Parakkat said.
The Supreme Court had amended its rules in September 2019 to allow single-judge benches to hear matters.
Before the amendment, Order VI, Rule 1 of the Supreme Court Rules of 2013 stated that every case in the top court has to be heard by benches that have at least two judges.
To pave way for single-judge benches, a new clause was inserted in Order VI, Rule 1 carving out an exception. After the amendment last year, this would be the first time the change is being implemented.
