Former judge reveals Supreme Court's 'sensitive' case practice, Lalit's reform

The Supreme Court maintained a system where more than 1,000 cases marked as 'sensitive' were kept off its standard cause lists, according to revelations in Justice Sanjay Kishan Kaul's forthcoming memoir "Without Fear or Favour". The practice underscored how the Chief Justice of India's discretion in allocating and listing cases could effectively determine which matters received judicial hearing.

The allocation and listing of cases represents a critical function within India's apex court, as it directly influences which petitions and appeals progress through the judicial system. Justice Kaul's account suggests that the designation of cases as 'sensitive' created a parallel track outside the transparent, regular scheduling process available to most litigants.

During his brief tenure as Chief Justice of India, Justice Uday U Lalit introduced modifications to this case management approach, according to Justice Kaul's memoir. The changes marked a significant shift in how the court's administrative machinery functioned regarding case scheduling and transparency.

The disclosure raises questions about judicial administration and the mechanisms through which cases move through the country's highest court. Justice Kaul's memoir, which draws on his experience as a senior judge, appears set to reignite discussions about procedural transparency and institutional practices within the Supreme Court.