The nationwide lockdown imposed by the Government to combat the Covid-19 Pandemic has brought the entire country to a staggering halt. The lockdown has put restrictions on all courts across the country from functioning at their full capacity, however, the courts have devised procedures to hear pressing matters via video conferencing, thereby ensuring that courts and tribunals remain accessible to litigants, at large.
Recognizing the difficulties that may be encountered by litigants in filing petitions, suits, applications, appeals and other proceedings within the period of limitation prescribed under various statutes during this lockdown period, the Hon’ble Supreme Court of India, taking suo moto cognizance of the same, invoked its powers under Article 142 read with Article 141 of the Constitution of India and passed an Order dated 23rd March, 2020 in Suo Moto Writ Petition (Civil) No. 3 of 2020 inter alia extending the period of limitation in all proceedings before any Court or Tribunal (whether under general or special law) w.e.f. 15th March, 2020 till the passing of further orders (“the said Order”).
The said Order directs that the time period from 15th March, 2020 will not be counted for the purpose of calculating the time limit prescribed for filing proceedings in a court or tribunal, either under any general law or special law where the period of limitation is prescribed and also ensures that rights of litigants to approach the court do not get extinguished due to this lockdown.
Powers conferred upon the Supreme Court of India under Article 141 & 142 of the Constitution of India:
Article 142 of the Constitution of India empowers the Supreme Court to pass any such decree or make such order as is necessary for doing complete justice in any cause or matter before it. Further, Article 141 enshrines the principles of stare decisis and provides that a law declared by the Supreme Court is binding on all the lower courts thereby ensuring the harmonious functioning of the entire justice system in the country.
In a catena of judgments over the years, the Supreme Court has broadened the ambit of the expression “complete justice”. A constitutional bench of the Supreme Court has in the case of Supreme Court Bar Association v. Union of India recognized the wide amplitude of powers conferred under Article 142 while clarifying that the plenary powers under this Article are inherent and complementary to those powers which are specifically conferred on the court by various statutes.
Effect of the said Order on Limitation
In India, the Limitation Act, 1963 governs the law relating to limitation. The principle that pervades statutes of limitation in common law is that ‘limitation extinguishes the remedy, but not the right’ i.e. the legal right does not get extinguished on the passage of the prescribed amount of time, however, the right to claim or enforce the right in a court of law gets defeated.
Section 9 of the Limitation Act, 1963, stipulates the law regarding continuous running of time and provides that when time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. The only exception provided to this is in case of obtaining letters of administration.
Incidentally, the said Order comes as an exception to Section 9 of the Limitation Act, 1963, in effect pausing the period of limitation that has begun to run on account of the Covid-19 Pandemic and the inaccessibility of courts and tribunals to the litigants.
The said Order also covers statutes wherein the prescribed period of limitation is mandatory and wherein the courts do not have the power to extend limitation. However, said Order does not apply to cases wherein the limitation period has expired prior to 15th March, 2020.
Conclusion:
The said Order passed by the Supreme Court certainly provides a much needed breather to litigants, who have unable to remain physically present in courts/ tribunals for filing proceedings on account of the lockdown measures imposed by the Government. The said Order further seeks to compensate a litigant for the time lost due to the lockdown by freezing the period of limitation till such time the lockdown is lifted/eased.