Forum Shopping in Judicial System

About Forum Shopping: 

• It is a deliberate attempt by petitioners or lawyers to relocate their case to a specific judge or Court where they believe the judgment may be more favorable.
• It is also known as ‘Bench hunting’.

How it can affect the Judicial System: 

• It may result in unfairness for the opposing side and unbalance the burden of several courts.
• It can foster a sense of bias or favoritism affecting judicial legitimacy.
• The natural justice concept, which mandates that everyone receive a fair hearing before an impartial judge, may be compromised.

• Principle of Comity may be affected which requires that courts should not pass an order which would be in conflict with another order.
• Finality Principle is also affected which states that a lawsuit should finish at some point and not go on indefinitely.

Judiciary Observations on Forum Shopping:

• 1988 Chetak Construction Ltd. vs. Om Prakash:  SC said A litigant cannot be permitted a choice of the forum, and attempt at forum shopping must be discouraged.

• 2022 Vijay Kumar Ghai vs. State of W.B: SC termed forum shopping as a disreputable practice by the courts that has no sanction and paramountcy in law.
• 2023 Dr. Khair-Un-Nisa and Ors vs. UT of Jammu and Kashmir and Ors:  The petitioners were fined one lakh rupees by the J & K High Court for engaging in forum shopping by submitting many petitions to various branches of the court while maintaining the same claim.

Why in news?

• Recently, CJI Chandrachud condemned forum shopping done by litigants.