CJI Ramana retires today: Historic decisions taken, but several important cases remain undecided

Chief Justice of India N V Ramana, who succeeded Chief Justice S.A. Bobde in April 2021, is retiring today after a tenure of 1 year and four months in office. He will be succeeded by Justice U U Lalit, the senior-most after him in the Supreme Court.

During his term in office, CJI Ramana took path-breaking judicial and administrative decisions as the head of the judiciary which included a probe into Pegasus snooping, the unprecedented appointment of nine judges in the apex court, including three women, in one go and 126 judges in high courts and uninterrupted running of courts even during the COVID-19 pandemic.

He is also credited for successfully ensuring the smooth functioning of the top court during the pandemic by resorting to extensive use of technology and judicial decisions like ensuring an independent probe into the Pegasus spyware case and the Lakhimpur Kheri violence.

While the Chief Justice took up some critical cases and addressed various issues of concern during his tenure, certain important cases heard by him are still pending adjudication.

Pegasus

A day before his retirement, the CJI-led bench said the technical panel appointed by it to probe the unauthorised use of Pegasus has found some malware in five mobile phones out of the 29 examined but it could not be concluded that it was due to the Israeli spyware.

The CJI-led bench had in August last year began hearing a batch of petitions seeking an investigation into the Pegasus snooping reports, and in October, an independent expert committee was formed to conduct the investigation. The final report was submitted by the court-appointed committee at the end of July, which was taken into consideration during the hearing on August 25.

Shiv Sena vs Shiv Sena

The internal feud in Shiv Sena which led to factionalism and eventually culminated with the collapse of the MVA government and return of BJP in alliance with Eknath Shinde had the country’s attention in the last two months.

The feud within the party knocked Supreme Court’s doors with both factions claiming control over the party and its symbol. In the last hearing, a bench led by the CJI stated that it would decide whether to refer the constitutional questions raised by the case regarding the disqualification of MLAs. The case is still pending.

UAPA provisions

In November 2021, a bench led by CJI issued notice in a petition filed by some former civil servants challenging the constitutionality of certain provisions of the Unlawful Activities Prevention Act (UAPA). The case was associated with another case involving a similar issue, for which a notice was issued in 2019. Following that, the case was not listed.

Sedition Law

Hearing a batch of petitions challenging the law for the offence of sedition, the bench headed by CJI Ramana had in August 2022 taken notes of the Centre’s stand that it has decided to re-consider and re-examine the provision of Section 124 A IPC.

While noting that the Centre can reconsider the provision, the court expressed hope that governments would refrain from filing any FIRs, conducting any investigations, or taking any coercive measures until the provision is reconsidered. While the interim order did come as an important development, the court did not decide on the constitutionality of the provision.

Among other key cases involving constitutional issues that remain pending include challenges to the Citizenship Amendment Act, the electoral bonds scheme and the repeal of provisions of Article 370.

‘Discharged my duties in whatever way possible’

A day before retiring, CJI said he has discharged his duties as Chief Justice in whatever possible way, saying almost every name for the appointment as Delhi High Court judges has been cleared.

“I think now, almost everything has been cleared except one or two names. I hope the government will clear those names also,” he said at a Delhi High Court Bar Association-organised farewell event on the eve of his superannuation.

“I hope that I stood up to the expectation which you expected from me. I discharged my duties as Chief Justice in whatever possible way. I have taken up two issues, all of you know, the infrastructure and the appointment of judges,” he said.

Expressing happiness over the support he got from every member of the bar, the CJI said: “Every member of the Bar, especially in Delhi, stood in solidarity and passed a resolution supporting me. I am extremely proud and happy to have such support.”

He also said that he learned a lot from the Registry, including listing of matters, preparation of roster and allotment of cases at the Delhi High Court.

“Delhi High Court has peculiar features and specialty. It is located in the capital. The amount of litigation, variety of subjects, we cannot compare with any High Court in the country,” he said hailing the discipline of the court members.