1980 (2) TMI 258 - SC - Indian Laws

Vires of a recent amendment made by the Supreme Court under Art. 145 in the matter of review petitions whereby the judges will decide in circulation without the aid of oral submissions whether there is merit in the motion and in their discretion choose to hear further arguments in court challenged Held that - It is quite on the cards that where no injury to justice will be all orality may suffer partial eclipse in the shape of time-limitation or substitution by written submission even in categories other than review proceedings. All that we mean to indicate is that the mode of hearing whether it should be oral or written or both whether it should be full-length or rationed must depend on myriad factors and future developments. Judges of the Supreme Court must be trusted in this regard and the Bar will ordinarily be associated when decisions affecting processual justice are taken. We thus see no disparity given flexibility in decoding the meaning of meanings. We see no force in the challenges and do hope that the Bar will make its contribution to making experiments in modernization and humanization of the Justice System and court culture.

Summary

Issues Involved:

1. Constitutionality of the amendment under Art. 145 regarding the review petitions process.
2. Necessity of oral hearings in judicial proceedings.
3. Alleged discrimination between civil and criminal review petitions.

Issue-wise Detailed Analysis:

1. Constitutionality of the Amendment under Art. 145:

The primary issue was the challenge to the vires of a recent amendment made by the Supreme Court under Article 145 concerning review petitions. The amendment allowed judges to decide on review petitions through circulation without oral submissions, reserving the discretion to hear further arguments in court. The Court examined whether this procedural change violated the principles of equality (Art. 14), reasonableness (Art. 19), and procedural fairness (Art. 21). The Court noted that the rule-making power under Art. 145 is intended to regulate the practice and procedure of the Court and must comply with the imperatives of Part III of the Constitution. The Court concluded that the amendment aimed to streamline the judicial process and manage the docket crisis by filtering out meritless review petitions without compromising constitutional principles. The Court found that the amendment did not contravene constitutional canons and was justified by the need to maximize judicial time and expedite the disposal of review petitions.

2. Necessity of Oral Hearings in Judicial Proceedings:

The Court addressed the contention that eliminating oral hearings in review petitions was subversive to the principles of public justice and fairness. It acknowledged the importance of oral advocacy in the judicial process but emphasized that the necessity of oral hearings must be evaluated based on the context. The Court clarified that the amendment did not eliminate oral hearings entirely but made them discretionary at the review stage. The judges would still meet, discuss, and decide collectively, ensuring that judicial scrutiny was maintained. The Court highlighted that the review process was a second look at an already adjudicated matter, and the focus should be on correcting obvious, serious errors. The Court concluded that the partial foreclosure of oral arguments in review petitions was neither unfair nor unreasonable and did not violate the principles of natural justice.

3. Alleged Discrimination between Civil and Criminal Review Petitions:

The Court considered the argument that the amended rule discriminated against litigants in criminal proceedings by limiting the grounds for review to 'errors apparent on the face of the record,' whereas civil proceedings had broader grounds for review. The Court emphasized that the power to review is derived from Art. 137 and is equally wide for both civil and criminal proceedings. It interpreted the term 'record' to include any material that could be brought on record with the Court's permission, thereby encompassing subsequent events and new evidence. The Court concluded that there was no artificial divergence in the scope of review between civil and criminal proceedings and that the amended rule did not create any hostile discrimination.

Conclusion:

The Supreme Court upheld the constitutionality of the amendment under Art. 145, finding it a reasonable measure to manage judicial time and expedite the disposal of review petitions. The Court affirmed that while oral hearings are significant, their necessity must be contextually determined, and their discretionary limitation in review petitions was justified. The Court also clarified that the amended rule did not discriminate between civil and criminal review petitions, ensuring a consistent and fair application of the review process. The writ petitions challenging the amendment were dismissed without any order as to costs.