Constitution Bench: no six-month limit on stay orders
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Constitution Bench: no six-month limit on stay orders

Constitution Bench asserts stay orders not limited to six months

A recent decision by a Constitution bench of the Supreme Court has overturned a previous ruling from 2018 that imposed a six-month limit on stay orders in civil or criminal trials. The bench, led by Chief Justice of India Dhananjaya Y Chandrachud, emphasized that such limitations cannot be applied universally and should instead be determined on a case-by-case basis by the respective courts.

Overturning a previous directive

The 2018 ruling, which mandated that all stay orders in trials would automatically expire after six months unless extended by a specific order, has been overruled. The bench acknowledged that imposing a fixed timeline for trial proceedings may not be suitable for every case and should be left to the discretion of individual courts.

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Respecting judicial discretion

The Constitution bench's decision highlights the importance of judicial discretion and the unique circumstances of each case. It emphasizes that setting fixed timelines for case disposal could hinder the proper administration of justice and that courts should be allowed flexibility in managing their caseloads.

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This landmark ruling comes after a plea by the High Court Bar Association of Allahabad, challenging the 2018 directive and arguing that it infringed upon the constitutional powers of high courts. The decision to refer the matter to a Constitution bench reflects the significance of the legal questions raised and underscores the fundamental principles of judicial independence and discretion.


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