According to a
two-judge panel of the Supreme Court, oral arguments in a case should not
exceed 30 minutes, and legal submissions should not exceed three pages in
length. In addition, they said it was time for lawyers to change their habits.
Whose court in the
world allows lawyers to argue for days and days? Even in England, I haven't
been able to find any examples of this.
Yatin Narendra Oza,
a Gujarati lawyer, stripped of his "senior advocate" title following
contempt proceedings initiated by the Gujarat High Court, filed the petition.
Senior advocates Arvind Datar and Abhishek Manu Singhvi defended Oza in front
of the Supreme Court after he made offensive remarks about the high court
judges. He has been awaiting a decision from the Supreme Court since August
2020.
Each of Datar and Singhvi was given 30 minutes to prepare their submissions, which were due within one hour. As the contesting party, the Gujarat high court was given 45 minutes to complete its submissions, while intervenors were given 15 minutes to complete their submissions in the case. When it came to law submissions, the bench instructed both sides to submit a three-page synopsis of law that cited the best judgement on the point.
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"Many times we
find a 30-page synopsis filed for a 28-page write petition," the bench
said in imposing this discipline on lawyers. We as lawyers must be able to
explain to litigants whose appeal has been pending for ten years why certain
matters are given priority and are heard for
Hours at a
time."
As of September 1,
both Datar and Singhvi have agreed to abide by the time constraints.
He noted that the
Supreme Court of America has a similar system where lawyers are given 25 minutes
to argue a case, with the other side getting five additional minutes. It's Rule
28 of the US Supreme Court Rules on Oral Hearings that he was referring to:
"Unless the Court directs otherwise, each side is allowed a half hour for
argument."
Justice Kaul's
recent judgement reflected the changes being contemplated by the Supreme Court
bench. An Article 6 of the European Convention on Human Rights was invoked by
Justice Kaul, who presided over a three-judge panel.
There can be no
refusal to change old practises, especially when they have outlived their
usefulness. It's no longer a matter of who can argue the longest in
court."
There were 69,212
cases pending before the Supreme Court as of July 2, 447, where the
Constitution bench matters.
Attorneys in Justice
Kaul's court are also given special instruction in the daily case list:
"Parties should prepare a brief synopsis of not more than three pages each
for the final hearing or disposition matters."
According to the
Supreme Court's July 2 list of pending issues, there are 69,212, of which 447
are Constitution bench issues. According
to Justice Kaul, "the time spent on routine matters leaves very little
time to settle legal principles that are pending before larger benches and
could have an impact on the judicial system down the road."