REGIONAL BENCHES OF THE SUPREME COURT – POLITY

News: Stalin calls for regional bench of Supreme Court

 

What's in the news?

       Chief Minister M.K. Stalin requested Chief Justice of India D.Y. Chandrachud to look into three demands: a Supreme Court Bench in Chennai, Mumbai and Kolkata; social justice and inclusivity in the appointment of judges; and making Tamil the language of the Madras High Court, besides English.

 

Supreme Court - Backdrop:

       The Indian Supreme Court was established on January 28, 1950.

       Earlier, it was called the Federal Court of India, established by the Government of India Act, 1935. It was the highest court that used to hear appeals from the high courts.

       During British Rule, the Supreme Court functioned from Madras, Calcutta and Bombay.

       Subsequently, with the enactment of the Indian High Courts Act, 1861, these courts were declared as high courts.

 

Constitutional Provision:

       Under Article 130, the Supreme Court shall sit in Delhi or in any other places as decided by the Chief Justice of India after taking approval of the president.

       Supreme Court Rules give the Chief Justice of India the power to constitute Benches - he can, for instance, have a Constitution Bench of seven judges in New Delhi, and set up smaller Benches in, say, four or six places across the country.

 

Demand for Regional Benches:

       Recently, the Vice-President Venkaiah Naidu in his speech has suggested that the Supreme Court institute four regional Benches to tackle the enormous backlog of cases, and to ensure their speedy disposal.

       He also endorsed the recommendation of the Law Commission of India that the top court should be split into two divisions.

 

What the Law Commissions said?

       In 1986, the 95th Report of the Law Commission proposed the division of the Supreme Court into a

a.       Constitutional Division

b.      Legal Division.

       Only matters of Constitutional law may be assigned to the proposed Constitutional Division.

       A Constitution Bench be set up at Delhi to deal with "Constitutional and other allied issues”.

       The Eighteenth Law Commission, in 2009, recommended the setting up of four Cassation Benches in the

a.       Northern region/zone at Delhi

b.      Southern region/zone at Chennai/Hyderabad

c.       Eastern region/zone at Kolkata

d.      Western region/zone at Mumbai.

       The function of these four Cassation Benches would be to handle appellate work arising from High Court orders/judgments of that particular region.

 

Need for Regional Benches:

1. Pendency of cases:

       The pendency of cases in the Supreme Court has increased from 58,000 in April 2019 to 70,000 presently.

2. SC largely dealt with constitutional cases:

       In the early decades, the Supreme Court of India, too, functioned largely as a constitutional court, with some 70-80 judgments being delivered every year by Constitution Benches of five or more judges.

       They ruled, as per Article 145(3) of the Constitution, on matters “involving a substantial question of law as to the interpretation of [the] Constitution”.

3. Article 39A:

       It has been pointed out that Article 39A says that the state shall ensure that the operation of the legal system promotes justice, on a basis of equal opportunity.

4. Lack of accessibility of justice:

       The long-pending demand as the SC is far away situated in Delhi, litigants, particularly of economically weaker sections and oppressed class, are deprived of getting justice from the last court.

       It shall ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

5. Cost effective:

       It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants.

6. Breaking the geographical proximity:

       There was a correlation between geographical proximity to the Supreme Court and appeal rate.

       It is not surprising that among the appeals from High Courts, appeals from the High Court of Punjab and Haryana comprised a large portion of the total appeals, with no appeals from the High Courts of the North East.

 

Arguments against for Regional Benches:

1. Dilute the prestige of SC:

       The Supreme Court has not agreed with the proposal, which in its opinion will dilute the sacrosanct nature of the Supreme Court

2. Integrity of India:

       A full court of the Supreme Court on the administrative side, headed by Chief Justice of India KG Balakrishnan, had turned down a plea seeking regional benches, and had said that dividing the Supreme Court would ‘break its unitary character.’

3. Increases pendency:

       The constitution of regional benches can make delivery of justice more efficient, it can also increase the volume of litigation.

       With reduced costs involved in the litigation process and easier access, the introduction of regional benches could worsen the pendency.

4. Differs in legal principles:

       With more benches in different regions, there will be more litigation, and in turn, the risk of a larger body of changing legal principles.

 

Thus, the success of Regional Benches of the Supreme Court would depend on the quality of judges. Otherwise, it would produce sub-par results and litigants would appeal to the supreme court. An All-India Judicial Service can be helpful in boosting the quality of judicial appointments along with on-time filling of vacancies and increased use of technology.