Source – The Hindu

Introduction

The Supreme Court of India, a paramount institution in the country's legal framework, operates within three constitutional jurisdictions: original, appellate, and advisory. Functioning both as a Constitutional Court and a Court of Appeal, it convenes in benches of varying sizes under the direction of the Chief Justice of India (CJI).

To enhance judicial stability and consistency, there is a call for restructuring, proposing a Final Court of Appeal alongside a permanent Constitution Bench. This move aims to streamline the Court's workload and ensure effective deliberation on substantial constitutional issues. The court itself has expressed the desire to establish a National Court of Appeal to cater to restructuring.

How have the Benches of Supreme Court Evolved?

• During colonial times, India had three separate SCs located in Bombay, Calcutta, and Madras.
  • These courts served as the highest judicial authorities in their respective regions.
• The Indian High Courts Act, 1861 marked a significant transition, replacing the three SC with High Courts established for different regions of the country.
  • The SC, as we recognize it today, was founded on January 28, 1950, just two days after India officially became an independent and democratic republic.
  • This establishment was in accordance with Article 124 of the Constitution.
• The SC came into existence in Delhi, and its creation was stipulated by Article 130 of the Constitution.

What are the Recommendations of Law Commissions on Restructuring of Supreme Court?

• Division of the SC:
  • In 1984, 95^th report of the 10^th Law Commission of India under the Chairmanship of Justice K K Mathew proposed the division of the SC into two divisions: the Constitutional Division and the Legal Division.
  • The constitutional division would exclusively handle issues related to constitutional law, signaling a specialized approach to constitutional matters whereas the legal division will be dealing with other matters besides constitutional matters.
• Justice Accessibility and Fee Reduction:
  • The 11^th Law Commission in 1988 in its 125^th report under the chairmanship of Justice D A Desai supported the idea of dividing the SC, emphasizing that it would enhance justice accessibility.
  • The rationale was that splitting the court into divisions would make justice more widely available, particularly by reducing fees for litigants.
  • This proposal aimed to address the concentration of appeals from specific High Courts, making justice more equitable.
• Regional Benches for Non-Constitutional Issues:
  • The 18^th Law Commission in its 229^th report in 2009 under the chairmanship of Justice A R Lakshmanan recommended the creation of four regional benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai.
  • These regional benches would specifically handle non-constitutional issues, with six judges from each region taking up appellate responsibility.
  • This decentralization was envisioned as a means to address the heavy backlog of non-constitutional cases, enabling the SC to focus on constitutional issues and cases of national importance on a day-to-day basis.

What is the National Court of Appeal?

• The SC in Bihar Legal Support Society v. Chief Justice of India (1986) expressed desirability of establishing a National Court of Appeal.
• This court would be empowered to entertain special leave petitions, allowing the SC to focus primarily on constitutional and public law-related questions.
• The proposal aimed to streamline the types of cases heard by the SC.

Way Forward

• A permanent constitutional bench can be established following the recommendations of the law commissions to lessen up the burden of SC and accelerate its final verdicts.
• Re-structuring of the SC is under consideration in the case of V Vasanthkumar v. H.C. Bhatia (2016) to safeguard and patronize the right of citizens to access the SC.