In a decisive move signalling administrative reform, India’s newly sworn-in Chief Justice, Justice Surya Kant, on Monday announced the end of same-day listing of cases through oral mentioning, barring matters involving personal liberty or imminent execution. The announcement came on his very first day in office, setting a clear tone for his tenure: efficiency, discipline and strict adherence to procedure.
Justice Kant took over as the 53rd Chief Justice of India, and within hours initiated what may become one of the most consequential procedural shifts in recent years. Addressing a crowd of lawyers who had assembled for urgent listings, the CJI stated firmly:
“Unless someone’s liberty is involved or a death sentence is to be executed, I will never allow listing of a case on the same day.”
This marks a significant departure from the practice under his predecessor, former CJI Bhushan R. Gavai, who allocated 10–15 minutes daily for oral mentions.
Why the Change? “Court’s Time Should Not Be Consumed by Mentioning”
Justice Kant explained that oral mentioning has increasingly disrupted the court’s functioning. The mornings — crucial for handling fresh filings and regular hearings — were often overtaken by dozens of lawyers seeking urgent listings.
He stated:
“This practice has to be discouraged. The court’s time should not be consumed by mentioning requests.”
Going forward, all urgent requests must be submitted in writing through a Letter of Urgency. These letters will first be scrutinized by the Registrar (Judicial Administration). Only after the registrar’s assessment will the matter be placed before the CJI for administrative directions.
New Procedure for Urgent Listing
Under the revised system:
✔️ Step 1: Lawyer submits a written Letter of Urgency
✔️ Step 2: Registrar evaluates urgency
✔️ Step 3: Registrar forwards genuine cases to the CJI
✔️ Step 4: CJI orders immediate or scheduled listing
Justice Kant emphasized that this streamlined process will preserve judicial time and reduce morning disruptions.
Context: A History of Shifting Mentioning Practices
The Supreme Court’s mentioning culture has evolved rapidly over the last three years under different CJIs.
Under former CJI Sanjiv Khanna
- Oral mentioning was stopped entirely.
- Lawyers had to file letters, which were reviewed during lunch recess.
Under former CJI D.Y. Chandrachud
- A structured fast-track listing system was introduced.
- Weekly rules ensured predictable listing schedules.
- A June 2023 circular guaranteed that:
- Matters filed before Tuesday get listed the following Monday
- Matters filed Wednesday–Friday get listed on Friday
Under former CJI Gavai
- Oral mentions returned for 10–15 minutes every morning.
- In August, senior advocates were temporarily barred from mentioning matters before Court No. 1.
- Several judges adopted the same practice in their individual courts.
Justice Surya Kant had previously expressed fatigue with the oral mentioning system. In September 2024, as a puisne judge, he remarked:
“Unless someone is about to be hanged, we will not list matters the same day.”
He cited massive workloads and sleep deprivation faced by judges.
His first-day directive now formalizes that stance.
How Will This Impact Lawyers?
The new system significantly affects the Bar’s daily routine:
🔺 No more morning queues for urgent mentions
Lawyers earlier rushed to Court No. 1 to stand in line for oral mentioning. This will now stop.
🔺 Predictability for court proceedings
Mornings will no longer be disrupted by sudden oral requests.
🔺 More transparency and documentation
Every urgent request must be documented, which helps reduce subjective or inconsistent listings.
🔺 Only liberty-related urgent cases get instant relief
Habeas corpus matters, illegal arrest challenges, imminent executions, and similar urgent cases will still get same-day access.
Why This Reform Matters
Judicial experts believe Justice Kant’s move will:
✔️ Reduce clutter and unpredictability
✔️ Protect the court’s working hours
✔️ Bring uniformity across benches
✔️ Reduce allegations of selective or arbitrary listing
✔️ Increase accountability in urgency claims
Several senior lawyers agree that oral mentioning often became chaotic, with hundreds of lawyers lining up daily.
A Clear Message from the New CJI
Justice Surya Kant’s message on Day One is unmistakable:
Administrative streamlining, procedural discipline, and priority to liberty matters.
His first major decision is likely to shape the Supreme Court’s workflow for the rest of his tenure, which spans a little over a year.
