Vice President Jagdeep Dhankhar, on March 1, expressed concerns over the widespread use of Special Leave Petitions (SLPs), originally meant to be a “narrow-slit” provision, but now affecting India’s arbitral process.
Key Points from VP Dhankhar’s Address
- Issue: Overuse of Article 136 is hindering arbitration by increasing litigation.
- Article 136 of the Indian Constitution:
- Grants the Supreme Court power to hear appeals against judgments of any court or tribunal (except Armed Forces tribunals).
- SLP allows direct appeals to SC in civil and criminal cases.
- Concern: Instead of being an exceptional remedy, SLPs are being widely misused, delaying dispute resolution.
- Emphasized on the need for participation of domain experts in arbitration,
- He referred to the observation of former Chief Justice of India D.Y. Chandrachud that arbitral process has become an “old boys club” (former judges).
Impact on Arbitration in India
- Arbitration is meant to be a faster alternative to courts, but frequent SLPs undermine its efficiency.
- SC’s heavy caseload due to numerous SLPs leads to delays in justice delivery.
- India’s arbitration framework aims to be globally competitive, but excessive litigation slows down the process.
(Source: The Hindu)
