New Delhi, Feb 7 (PTI) The government has accepted the recommendation of a parliamentary committee that the Supreme Court should have regional benches but has pointed out that the apex court has been “consistently” rejecting the idea and that the issue is sub-judice, the panel said.
In its action taken report on its earlier submission on “Judicial Processes and Their Reforms”, the Standing Committee on Law and Personnel noted that its recommendation has been accepted by the government.
The action taken report of the committee was tabled in the Lok Sabha on Wednesday.
In the chapter dealing with recommendations/ observations which have been accepted by the government, the panel referred to its earlier recommendation on feasibility of regional benches of the Supreme Court.
The committee had earlier noted that the demand for having regional benches of the Supreme Court is about ‘access to justice,’ which is a fundamental right under the Constitution.
There has been a long-standing demand, it noted, for having regional benches of the top court in the country for taking justice to the doorstep of the common citizen.
“The regional benches may also be seen as a solution to the overflowing caseload of the judiciary and to reduce the litigation cost to the common man,” it had said.
The panel said it has been recommending for a long time on establishment of regional benches of the Supreme Court and still hold Committee still holds the view that the Supreme Court may invoke Article 130 of the Constitution for establishing its regional benches at four or five locations in the Country.
In its response, the Department of Justice in the law ministry noted that as per Article 130 of the Constitution, the Supreme Court will sit in Delhi or such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
It told the committee that the matter of regional benches of the Supreme Court has been referred for the opinion of the Attorney General on two occasions.
The then AG G E Vahanvati had opined that the issue of regional benches of the Supreme Court is “impermissible”.
Constitutional amendments of this kind are simply unacceptable for various reasons, Vahanvati had opined.
Mukul Rohatgi, the then A-G had in March 2016 opined that the court sitting in regional benches would impair the unity, integrity, importance and majesty of the Supreme Court and the apex court ought not to sit in the regional Benches and also for additional reason that there would be immense conflict of views which may become difficult to resolve entailing time and expenditure of litigants. The issue of territorial jurisdiction was also flagged.
“The Supreme Court has been consistently rejecting the proposal for setting up of the Benches of Supreme Court at a place outside Delhi,” the government said.
In a writ petition on establishment of National Court of Appeal, the Supreme Court in July 2016 “deemed it proper” to refer the issue to Constitutional Bench for authoritative pronouncement.
The matter is sub-judice in the Supreme Court. PTI NAB ZMN ZMN
About the Author
