What is Suo Motu Cognizance?

Between 1991-2024, the Supreme Court took suo motu cognizance of more than 65 cases. Over the years, the Supreme Court has exercised this authority in many landmark cases, taking action on urgent matters related to public interest, social justice, and fundamental rights, for ex- Kolkata hospital rape case, death of children in Mid-Day Meal Scheme, situations of migrant workers during the COVID-19, etc.

The Indian Judiciary, especially the Supreme Court and High Courts, hold a unique power known as suo motu cognizance- a tool that empowers the courts to act on their own, even when no formal application or petition is filed. 

This blog will help you to understand what suo motu means, how the Supreme Court uses it, and what relevant articles of the Constitution with cases. Keep reading it.

What ‘Suo Motu’ Cognizance (स्वतः संज्ञान) means? 

A ‘Suo Motu', meaning 'on its own motion,' is a Latin legal term which means- an action taken by a government agency, court or other central authority on their own understanding, without any request by the parties involved.

In India, Article 32 (Remedies for enforcement of rights conferred by this Part) and Article 226 (Power of High Courts to issue certain writs) of the Indian Constitution lay down the provisions for filing Public Interest Litigation (PIL) in the Supreme Court and High Courts, respectively. This has given rise to the court's power to initiate legal action upon their cognizance of a matter.

The principle of suo motu comes from the Constitution of India and is developed through judicial pronouncements. Suo Motu's actions by Indian courts are a reflection of activism by the judiciary and to provide speedy delivery of justice by the courts.

The process for initiating Suo Motu petitions was officially established in 2014 under Order 38, Rule 12(1)(a) of the Supreme Court Rules, 2013.

Suo Motu Power of Supreme Court 

The suo motu power of the Supreme Court of India is a significant legal authority that allows the highest court of the land to initiate legal proceedings on its own, without the need for a formal petition or case to be filed. This power enables the Supreme Court to address matters of public importance, protect fundamental rights, and ensure justice even when no party has brought a case before it.

i) Source of Suo Motu Power

The power of 'suo motu' is not explicitly mentioned in the Constitution but is rooted in Article 32 of the Indian Constitution, which guarantees the right to constitutional remedies.

Also, Suo Motu's power of the Supreme Court comes from Article 131(Original jurisdiction of the Supreme Court) of the Indian Constitution. Article 131 vests the Supreme Court with original jurisdiction over any dispute arising between the states or between the centre and state. The article gives the Supreme Court the power to take up such cases straight instead of going through a lower court or reviewing a lower court's judgment

Additionally, Articles 141 (Law declared by Supreme Court to be binding on all courts) and Article 142 (Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc) provide the Supreme Court with the authority to pass any order necessary for doing complete justice in any matter before it. The power has been further developed and reinforced through judicial interpretation and practice over the years.

The Supreme and High Court have also exercised suo motu jurisdiction given under Section 15 of the Contempt of Courts Act, 1971. This power has been exercised a) to uphold the majesty of the courts in cases of interference with the course of justice, b) wilful disobedience of the court's orders, c) or any matter that may bring disrepute to courts or the administration of justice.

ii) Examples of Suo Motu Cognizance taken by Courts:

a. Contempt of Court: Contempt of court is defined as ignorance of the laws, norms, and codes of ethics that are observed in a court of law. The court generally initiates a case for Suo Motu contempt against an official who prevents the delivery of justice or challenges the dignity of the court. 

In the Prashant Bhushan Case (2020), the Supreme Court took suo motu cognisance of tweets published by Sr. Advocate Prashant Bhushan and held him guilty of Contempt of Court. 

b. Order investigation for a New Case: The Court has the jurisdiction to order an investigation at any level by any government authority, police department, CBI, or other agency if it believes that some injustice is done to an individual or a section of people. The investigation is usually started after receiving a letter from the affected section of people or based on any news, documentary or media source.

In Re: Sexual Harassment Allegations in Judiciary (2019), the #MeToo movement led to several allegations of sexual harassment within the judiciary. In response, the Supreme Court took suo motu cognizance and set up a 3-judge committee to inquire into the allegations. 

c. Reopening old/closed Cases: The courts can take Suo Motu action to reopen a case if new and substantial evidence is found after it is closed.

In 2023, Justice Anand Venkatesh of the Madras High Court passed multiple orders taking suo motu cognizance of corruption cases of some state politicians that had been done and dusted in the past.

d. Protection of Fundamental Rights: The courts have the responsibility as well as the authority to take suo motu cognizance and protect the fundamental rights of citizens and non-citizens. 

During the COVID-19 pandemic, the Supreme Court ensured the proper treatment of patients and that dead bodies must be handled in a dignified manner in hospitals. The Right to Die with dignity is part of Article 21 of the Indian Constitution (Right to protection of life and personal liberty).

e. Environmental Concerns: The intervention of the Supreme Court in environmental cases has always been very common; the courts have played an important role in controlling further degradation of the environment.

In the case of Delhi Air Pollution 2023, the Supreme Court has passed several orders for continuously monitoring and devising methods to curb the deteriorating air quality in Delhi.

f. Corruption Cases: The court has the authority to seek justice against corruption, and the verdicts of judges often show that integrity and consciousness have been a priority. 

Both High Court and Supreme Court has the authority to take suo motu cognizance but in case of High Court prior approval of Chief Justice of the High Court needs to be obtained before taking the cognizance.

How does the Supreme Court use its Suo Motu power?

The Supreme Court, while exercising suo motu power, follow these steps:

1. Taking cognizance: The Court identifies an issue requiring urgent attention. In Sunil Batra v. Delhi Administration (1980), Courts often take suo motu cognizance based on media reports or act on letters written to them. This case is an example where SC took suo motu cognizance based on a letter written to a judge about the torture of prisoners and violations of prisoners' fundamental rights. 

2. Issuing notices: Relevant parties and authorities are notified. In the Aarey Case (2019), based on a letter written by a group of law students, the SC took suo motu cognizance and directed the State of Maharashtra not to cut any further trees in Aarey and to maintain the status quo.

3. Seeking responses: The Court asks for explanations or actions from concerned parties. For example, in 2024, the National Green Tribunal (NGT)'s principal bench sought responses from all States and UTs for alleged non-compliance with the provisions of the Forest (Conservation) Act, 1980 and the Environment Protection Act, 1986.

4. Appointing committees: If necessary, the Court may set up investigative committees. For instance in Kolkata rape-murder case (2024), the Supreme Court made a 10-member National Task Force comprising doctors all over the country to give recommendations regarding the safety, working conditions and well-being of medical professionals. 

5. Passing orders: The Court issues directives or judgments to address the issue. In Re: Death of Children in the Mid-Day Meal Scheme (2013), in response to media reports showing tragic deaths of school children due to contaminated mid-day meals, the Supreme Court took suo motu cognizance of the matter and issued guidelines to ensure the safety of food provided in schools. 

Important cases of Suo Motu cognizance

A. Murthal Rape Case (2016)

It was alleged by newspapers that on the night of 22–23 February 2016, "at least 10 women were pulled out from cars, stripped and raped by the goons" in Murthal, India. The Punjab and Haryana High Court was granted suo motu cognizance and was ordered by the SC to provide phone logs of senior police officials who were in the area at the time of the incident.

B. In Re: Contagion of Hate Speech (2017)

Concerned about the rise in hate speech on social media, the Supreme Court took suo motu cognizance and emphasized the need to strike a balance between freedom of expression and preventing the misuse of social media platforms to spread hate and intolerance.

3. In Re: Problems and Miseries of Migrant Laborers (2020)

The Supreme Court took suo motu cognizance of the situation of migrant workers during the COVID-19 pandemic lockdown, issuing directives to central and state governments to provide relief measures.

4. Sexual violence in Manipur (2023)

The SC took suo motu cognizance of the horrific video showing two women in Manipur being paraded naked and subjected to sexual violence amidst the ethnic conflict in the State. The Court asked the Centre and the State Government to inform it of the steps taken to bring the perpetrators into law.

Also, read about the recent Supreme Court judgement that allowed Sub-Categorisation in SC Reservation.

Suo Motu Criticism and Challenges 

While the power of suo motu cognizance has been generally viewed as a positive tool for bringing about justice, it has faced criticism and challenges.

• It can sometimes lead to judicial over-activism, interfering with the powers of the government & administrative branches.

• Concerns about potential misuse exist, as there are no clear guidelines for when or how this power should be exercised.

• Courts often rely on news reports to take suo motu action, which requires careful verification of the source & information.

• Striking a balance between judicial activism and respecting the separation of powers is a constant challenge.

The main concern of this power has always been its intervention into the executive's domain of exercise of power. There is a necessity to balance between freedom to exercise executive action, conformance to legislative supremacy and adherence to judicial self-restraint, keeping in mind the democratic values of our Constitution.

Conclusion

The power of suo motu cognizance is an important aspect of the Indian judiciary, enabling the courts to address urgent matters and protect the rights and interests of the public.

Despite criticism, suo motu has been exercised with utmost caution, ensuring proper verification before initiating action, and often refrained from final adjudication until proper investigation and scrutiny.

Suo motu is a classic example of all components of a democratic government working together to seek justice for its citizens.