A constitutional response to preserve access to justice during an unprecedented public health crisis

The Supreme Court, exercising powers under Articles 141 and 142, took suo motu cognizance of the disruption caused by the COVID-19 pandemic and its impact on access to courts across India. The issue was not merely procedural delay, but the risk of litigants being irreversibly deprived of legal remedies due to inability to physically approach courts and tribunals.

Highlights:

• Suo motu proceedings initiated in SMW (C) No. 3 of 2020 in March 2020

• Order dated 23.03.2020 extended all limitation periods w.e.f. 15.03.2020

• Protection applied uniformly across courts, tribunals, and all proceedings under general and special laws

• Covered key statutes including the Arbitration and Conciliation Act, 1996 and Section 138 of the NI Act

• Objective: ensure procedural timelines do not defeat substantive rights during lockdown restrictions

• Order dated 08.03.2021 introduced structured computation framework after easing of restrictions

• Excluded COVID period (15.03.2020–14.03.2021) from limitation calculation

• Provided revival mechanism for pending limitation periods

• Order dated 27.04.2021 restored extension due to second wave and nationwide hardship

• Order dated 23.09.2021 further refined transitional application of limitation rules

• Order dated 10.01.2022 restored exclusion up to 28.02.2022 in light of Omicron surge

• Entire framework consistently issued under Articles 141 & 142, binding on all courts and tribunals

Key Takeaway:

This line of judgments reflects a clear constitutional balance: while limitation law ensures legal certainty, it cannot operate mechanically when access to justice itself is disrupted. The Supreme Court ensured that procedural law remained a facilitator of justice, not a barrier during extraordinary circumstances.