: The Indian Supreme Court has a case listing problem – can Nepal provide a solution? #IndiaNEWS On May 31, Justice BR Gavai, while responding to a request for urgent hearing of matter, lamented the

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The Indian Supreme Court has a case listing problem – can Nepal provide a solution? #IndiaNEWS
On May 31, Justice BR Gavai, while responding to a request for urgent hearing of matter, lamented the lack of powers of Supreme Court judges to list cases. Gavai had directed that a matter be listed on a particular date, but it was not. “Here [at the Supreme Court], we are controlled by Registry…Unless a matter is allotted to us, our hands are tied,� he said.This is but one instance of a common complaint: the listing process at the Supreme Court. Currently, the listing of cases at the Indian Supreme Court is at the prerogative of one person: the chief justice who holds the powers of the “master of the roster�. The chief justice has complete autonomy in deciding not only when cases are heard but also who hears them. He does this by controlling the registry, the department that handles the court’s administrative work.However, India’s problem is not unique. Similar obstacles are seen in its neighbouring countries, Pakistan and Nepal. While Pakistan still follows a similar process as India, Nepal started a new system a few months back, allotting cases by lottery. The new system, which has now been in place for eight months, has its own share for challenges. But many legal commentators say that it...Read more

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