Justice Lalit changed case listing approach as CJI, says Justice Kaul in memoir

Former Supreme Court judge Sanjay Kishan Kaul recounts in his memoir "Without Fear or Favour" how Chief Justice Uday U Lalit changed the approach to listing cases during his brief tenure in 2022. Prior to Lalit's appointment as CJI, over 1,000 cases marked as "sensitive" were excluded from the regular cause lists, highlighting the significant influence the Chief Justice had over case allocation and listing.

Lalit took it upon himself to bring these cases back into the judicial process, addressing a long-standing backlog of important matters. He began assigning some of these previously unlisted "sensitive" cases, showcasing the extraordinary power the CJI wields over the Supreme Court's functioning. The CJI, as "master of the roster," not only determines the composition of benches and allocation of cases but also has discretionary authority over which matters get listed for hearing.

Lalit's approach was part of a broader effort to tackle the backlog by convening six Constitution benches to hear 30 pending matters within six to eight months of their commencement. This demonstrated that the backlog was a failure of organization and prioritization rather than a capacity issue. Lalit also advocated for a more transparent process in collegium deliberations by sharing soft copies of candidates' judgments before elevation.

While Kaul expresses reservations about the pressure to meet disposal targets and the focus on volume of cases, he acknowledges Lalit's impact in opening up the judicial process and addressing the substantive backlog of constitutional cases.