Special leave petitions, An impediment to justice: Need for structural Changes to ensure Efficient time allocation of the court
The Supreme Court (SC) has consistently faced the problem of the Special Leave Petition privilege being misused. This paper considers directives, judgments and observations by the SC in that regard. It analyzes the problem, examines viable solution models deployed in other jurisdictions and comes up with a unique model to assist the SC in strengthening the floodgates against frivolous SLPs. We propose a Board to be created by the SC by passing rules as per its power to examine the SLP applications both formally, that is for compliance with procedural requirements and substantially, that is on the legal issues, and opine. The subsequent step would be to engage a senior counsel for advice as to the merits of the case. These will also be a cog in the wheel to reduce the backlog of cases, as well as add substantive opinions of experienced legal minds while being merely supplementary and not resulting in a delegation of the SC’s duties. Further, SLPs that the court finds frivolous should be fined on a regular basis to create deterrence.
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