[Tryst with the Constitution] Student protests: A fitting case for a suo motu intervention by the Supreme Court

The Delhi High Court and Supreme Court have declined urgent listing of public interest litigation (PIL) petitions alleging excessive use of force by the Delhi Police during student protests in Delhi. The Chief Justice's remark that 'Don't drag the court into all this' suggests a reluctance to intervene, despite the courts' own jurisprudence suggesting that such cases are ideal for suo motu intervention. This raises questions about the discretion exercised by constitutional courts in India and their willingness to address pressing social issues.

The Delhi High Court and Supreme Court have recently declined urgent listing of PIL petitions related to student protests in Delhi, with the Chief Justice remarking that 'Don't drag the court into all this.' This decision has sparked debate about the role of constitutional courts in addressing pressing social issues. The question remains whether these courts are willing to exercise their suo motu powers to intervene in such cases.

Constitutional courts in India, particularly the Supreme Court, have broad discretion over which matters they entertain and with what urgency. This is particularly true of their PIL jurisdiction and special leave jurisdiction. However, the creation of PIL was prompted by a two-fold realisation: first, the inaccessibility of courts to large sections of society, and second, the need for prompt intervention and accountability.

The recent decision to decline urgent listing of these PIL petitions raises questions about the willingness of constitutional courts to address pressing social issues. The Chief Justice's remark suggests a reluctance to intervene, despite the courts' own jurisprudence suggesting that such cases are ideal for suo motu intervention. This discretion exercised by constitutional courts in India is not clearly articulated and has led to inconsistent application of their powers.

The recent decision highlights the need for clearer guidelines on the exercise of suo motu powers by constitutional courts in India. Practitioners should be aware of this development and consider advocating for greater transparency and accountability in the courts' decision-making process.