Pendency in Judiciary

Subject: Polity

Chief Justice of India D.Y. Chandrachud has said the very purpose of the Supreme Court is to hear every little cry for personal liberty and protection of fundamental rights.
But pendency is a perennial drawback that affects the court’s role as the timely protector of citizens’ rights.
Statistics do show pendency as a constantly looming shadow, threatening to engulf the good work.

Constitution Bench

A Constitution Bench is a bench of the Supreme Court having five or more judges on it.
These benches are not a routine
A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three.
Presently, Constitution Benches are set up on an ad hoc basis (particular purpose) as and when the need arises.
A matter can be referred to a larger Bench only by judicial order.
Article 145(3) provides, “The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.”

Public interest Litigation

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”.
Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.
Public interest litigation is the power given to the public by courts through judicial activism.
However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body.
The court can itself take cognizance of the matter and proceed suo motu or cases can commence on the petition of any public spirited individual.

Special leave to appeal by the Supreme Court:

Article 136 in the Constitution Of India :
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
In the case of any SLP , the SC has first to decide in its discretion whether it should grant or deny the requested Special Leave.
The SC had also argued that the remedy under Article 136 (Special Leave Petition) is a constitutional right.

Writ Petitions

Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights.
Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights.
The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226.
The Supreme Court of India has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens.
The five types of writs are:
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo-Warranto

Contempt of Court

Contempt of court is the power of the court to protect its own majesty and respect. The power is regulated but not restricted in the Contempt of Courts Act, 1971.
The expression ‘contempt of court’ has not been defined by the Constitution.
However, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
Article 215 conferred a corresponding power on the High Courts.
The Contempt of Courts Act, 1971 defines both civil and criminal contempt.
Civil contempt refers to wilful disobedience to any judgment of the court.
Criminal contempt can be invoked if an act:
Tends to scandalise or lower the authority of the court.
Tends to interfere with the due course of any judicial proceeding.
Obstruct the administration of justice.