Supreme Court may advise lawyers to give timeline to wrap up arguments

The Supreme Court on Wednesday indicated that in a bid to make judicious use of time, it may ask the SC lawyers to furnish in advance the timeline within which they intend to conclude their arguments in a case. This was verbally observed by a division bench headed by Justice Surya Kant. However, Justice Kant clarified that it would only be an "advisory" for the lawyers so that hearing of cases can be concluded in a timely manner.

The senior judge, who is tipped to become the next Chief Justice of India (CJI) after Justice BR Gavai demits office in November, said that the "advisory" will be issued after the top court reopens after the summer break.

The development took place during the resumed hearing of a clutch of pleas challenging constitutionality of the Chief Election Commissioner and Election Commissioners Act, 2023, through which the Chief Justice of India was removed from the selection panel appointing election commissioners (ECs).

Appearing on behalf of the petitioner, Advocate Prashant Bhushan insisted on an early hearing in the case. He also said that the case at hand is squarely covered by two leading Supreme Court judgements. Speaking for the bench, Justice Kant said that the bench would like to start hearing the case and would like to conclude the same before the process of further selection (in the Election Commission) resumes.

Justice Kant said that it would be better if the controversy can be decided before any further selection process commences. The vench expressed its difficulty in taking up the issue on Wednesday owing to paucity of time. When urged by Bhushan that the case could be taken up on Thursday, the senior SC judge shared that the bench is preoccupied in a part heard matter listed for hearing on Thursday before a three-member special bench.

Bhushan then urged the bench to take up the case for hearing next week. The bench said that even though the entire next week is listed for miscellaneous matters (the case at hand is a regular matter), the court will "explore" and try its best to take up the matter next week. Justice Kant verbally remarked that the bench would like to "at least start" the hearing of the case.

Appearing on behalf of the Centre, Solicitor General Tushar Mehta strongly opposed Bhushan's claim that the instant case is covered by two leading SC judgements (as claimed by Bhushan). "It (case) is not covered at all," Mehta submitted.