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Politics
18 November 2024

Supreme Court Tackles Key Issues Amid Legal Concerns

Recent hearings highlight pressing matters including DRT vacancies and air quality management

The Supreme Court of India is stepping up to address significant legal and societal concerns as recent hearings shed light on pressing issues across the nation. One of the prominent cases currently before the court is related to the vacancies within Debts Recovery Tribunals (DRTs), where the apex court has agreed to examine the matter following the submission of a Public Interest Litigation (PIL).

This PIL highlights the urgent need for the Central government to fill vacancies across the DRTs, as it stands, nearly one-third of the 39 tribunals nationwide remain unstaffed. The situation is dire, with specific mention of 11 DRTs lacking presiding officers, rendering them non-functional and impeding the timely recovery of debts owed to banks and financial institutions. The PIL was filed through advocate Sudarshan Rajan, emphasizing the constitutional duty to maintain operational DRTs for the adjudication of debts as outlined under the Recovery of Debts and Bankruptcy Act, 1993.

A bench led by Chief Justice of India, Sanjiv Khanna, and Justice Sanjay Kumar has directed the Centre to respond within five weeks. The court noted with concern the slow selection process, begun back in September 2023, which has resulted in continuous functional disruptions.

The PIL argues this delay not only contravenes statutory provisions but also leads to mounting case backlogs as advocates struggle to serve clients appropriately when local DRTs are inactive. It has become increasingly common for the Centre to assign additional charges to presiding officers across state lines—this practice not only complicates duties but also delays proceedings, as they handle urgent matters only, leaving many cases unresolved for extended periods. The apex court's assurance to address this matter brings hope for many awaiting timely hearings.

Meanwhile, the Supreme Court is also seeking explanations from its registry concerning the acceptance of counter affidavits from non-parties. A 2-judge bench comprised of Justice Bela M. Trivedi and Justice S.C. Sharma highlighted procedural irregularities involving the acceptance of documents and the implementation of parties without due sanction, prompting oversight to restore procedural integrity.

The court's scrutiny indicates its determination to uphold judicial protocols, showcasing the judiciary's commitment to transparency and accountability. It is significant as it signals the courts' vigilance against potential misuse of legal processes, ensuring justice remains accessible and fair.

Another issue on the Supreme Court's agenda relates to air quality management. Amid increasing pollution levels, particularly evident with Delhi experiencing severe air quality crises, the Supreme Court is preparing to re-examine existing policies aimed at curbing pollution. The air quality index reached hazardous levels, prompting locals to nickname their city as a "gas chamber." With winter's onset exacerbated by fog, visibility has drastically decreased, highlighting the need for immediate remedial measures.

The Supreme Court has directed Delhi's government and police to present detailed plans on enforcing pollution control measures, reflecting its proactive stance on environmental matters. The response to the pollution crisis continues to evolve, with interventions from the Commission for Air Quality Management mandatorily invoking strict compliance under the Graded Response Action Plan due to poor meteorological conditions and health warnings for the most vulnerable populations.

The legal conundrums facing India don’t end here. Several petitions have surfaced concerning the safety of communication through platforms such as WhatsApp and Telegram, but the Supreme Court dismissed these petitions, reinforcing the perspective on personal freedoms and digital space usage.

With such diverse and impactful cases at hand, the apex court's active involvement indicates the judiciary's role as not merely arbiters of justice but as guardians of societal progress and public interest. Each decision cascades through the ecosystem of law and society, culminating at times as layers of persistent change amid varying cultural contexts.

Future hearings set against this backdrop of urgency and accountability showcase the Supreme Court's commitment to address these multifaceted challenges head-on. The rise of significant public interest litigations denotes growing legal awareness and citizen engagement, reflected by the surge of pleas on air quality, institutional integrity, and judicial access.

Indeed, these developments within the Supreme Court of India spotlight its pivotal position not only as the highest court of the land but as the custodian of rights, making decisions with lasting impacts on the daily lives of millions across the nation. The anticipation surrounding these hearings promises to uphold the pillars of justice, accountability, and public welfare.

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