CJI urges lawyers to desist from oral mentioning of cases for early hearing

• Chief Justice of India (CJI) Sanjiv Khanna, a day after taking oath of office, urged lawyers to desist from making unlisted, out-of-turn oral mentioning of their cases in court for early hearing.

Highlights:

• Chief Justice of India (CJI) Sanjiv Khanna, shortly after assuming office, emphasized the need to streamline oral mentioning practices in the Supreme Court. He encouraged lawyers to adhere to the established process of communicating urgencies via email or in writing, reducing the reliance on unlisted, out-of-turn oral mentions.

Oral Mentioning: An Overview

What Is Oral Mentioning?

• A practice where lawyers appeal directly to the CJI for early hearing of cases, bypassing routine filing procedures.
• Allows the CJI to decide instantly if a case merits urgent, out-of-turn listing.
• However, it disrupts the hearing schedule by pushing other cases off the roster.

Historical Context:

• Oral mentioning has been a longstanding convention in the Supreme Court, often consuming significant court hours.
• Previous CJIs, including K.G. Balakrishnan and Altamas Kabir, saw oral mentionings stretching into noon or even post-lunch sessions.

Past Reforms in Oral Mentioning Practices

CJI Dipak Misra’s Tenure (2017-2018):

• September 2017: Restricted oral mentioning to Advocates-on-Record (AoRs), barring senior advocates to ensure equal opportunity.
• November 2017: Mandated that oral mentionings be made only before the CJI to avoid disputes over jurisdiction.
• May 2018: Directed lawyers to approach the Registrar (Judicial) for urgent case listing.

CJI Ranjan Gogoi’s Efforts (2019)

• Introduced an automated mechanism ensuring cases were listed within four days of filing, aiming to eliminate oral mentioning altogether.

CJI D.Y. Chandrachud’s Tenure (2022-2023)

• Published a separate oral mentioning list, limiting the number of cases allowed for mentioning.
• Despite reforms, allowed unlisted oral mentions for critical cases involving death penalty, demolitions, arrests, and educational admissions.

Challenges and Current Measures

Lawyers’ Concerns

• During the pandemic's virtual hearings, lawyers accused the Registry of delaying urgent listings, increasing dependence on oral mentioning.
• CJI Sanjiv Khanna’s Approach
• Advocates continuing the system initiated by his predecessor, where urgencies are communicated in writing or via email.
• The oral mentioning list is now published in advance on the Supreme Court website (e.g., the November 13 list).

Significance of Reforms

Streamlining Court Proceedings

• Reducing oral mentioning minimizes disruption to scheduled hearings, ensuring better time management for the Bench.

Promoting Fair Access

• Equalizing opportunities for all lawyers prevents prioritization of senior advocates over others.

Encouraging Efficiency

• Automated processes and pre-published lists reduce the need for on-the-spot decisions by the CJI, promoting procedural discipline.

Prelims Takeaways

• Advocates-on-Record (AoRs)