The Supreme Court of India has issued four new circulars effective December 1, reforming urgent mentioning, automatic listing of liberty-related cases, and stringent adjournment rules. Learn how these changes streamline judicial processes under CJI Surya Kant.
The Supreme Court of India has announced a significant overhaul of procedures relating to urgent mentioning, early listing, and adjournments of cases. These changes, brought into effect through four new circulars operational from December 1, mark one of the most extensive administrative reforms undertaken in recent years.
Implemented shortly after Justice Surya Kant assumed office as the Chief Justice of India, the reforms aim to curb irregular oral mentioning before benches, streamline listing procedures, and ensure timely hearing of matters involving personal liberty.
Key Reform: Restriction on Oral Mentioning Before the CJI
The first major change is a strict framework governing oral mentioning of cases:
- Oral mentioning before the Chief Justice of India has been substantially restricted.
- Several categories of cases can no longer be orally mentioned at all.
- Senior Advocates are completely barred from mentioning cases, shifting the responsibility to younger lawyers.
This move is designed to reduce overcrowding and unpredictability during morning mentioning sessions.
Automatic Listing for Liberty-Related and Urgent Matters
A crucial highlight of the reforms is the introduction of automatic listing of specific categories of urgent fresh cases—removing the need for lawyers to compete for mentioning slots.
Under this system, the following petitions will be listed within two working days of scrutiny:
- Regular bail
- Anticipatory bail
- Cancellation of bail
- Death penalty relief
- Habeas corpus
- Matters involving eviction, dispossession, demolition
- Petitions seeking urgent interim relief
This ensures that cases impacting personal liberty or immediate harm are heard promptly, without procedural delays.
Mandatory Advance Service in Bail Matters
To bring greater accountability and preparedness to bail proceedings, the Supreme Court has mandated:
- Immediate service of an advance copy of every bail petition to the relevant Nodal Officer or Standing Counsel for the concerned State/UT/Union of India.
- Proof of service must be filed before listing.
Without this compliance, the Registry will not verify or list the petition.
The Court has emphasised that government counsel must ensure timely representation when such cases come up for hearing.
Structured Process for Seeking Early Listing
For matters not covered under automatic listing, the Court has created a detailed and predictable mechanism:
- A standardised mentioning proforma and urgency letter must be filed by 3:00 p.m. on the preceding working day, or 11:30 a.m. on Saturdays.
- Exceptionally urgent matters (e.g., imminent arrest, demolition, eviction) may be submitted before 10:30 a.m., but only with a compelling explanation of urgency.
Only those matters appearing in the published mentioning list of the previous day may be orally mentioned in Court.
New Adjournment Rules: Consent Mandatory, Exceptions Limited
The Supreme Court has also reformed its adjournment procedures to curb misuse and unnecessary delays:
- Adjournment requests will be entertained only if the opposite counsel or caveator provides prior written consent.
- Requests must be circulated before 11:00 a.m. on the previous working day.
- Each letter must state the reason for seeking adjournment and the number of prior adjournments taken.
- Acceptable grounds are limited to:
o Bereavement
o Genuine medical conditions of the advocate or party
o Other unavoidable circumstances deemed appropriate by the Court
All requests must follow the prescribed format and be emailed to adjournment.letter@sci.nic.in, bringing uniformity across benches.
A Major Procedural Shift Under CJI Surya Kant
Together, the four circulars represent a transformative shift in judicial administration.
The new framework:
- Reduces unregulated oral mentioning
- Encourages junior lawyers
- Introduces predictable timelines
- Ensures swift listing of liberty-related matters
- Standardises adjournment and urgency procedures
- Strengthens communication with government counsel
These reforms are expected to make the listing and hearing process more transparent, efficient, and accessible—especially in matters impacting personal liberty and urgent rights.
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