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SHOULD INDIA HAVE REGIONAL BENCHES OF THE SUPREME COURT?

Relevance: GS 2 – Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government

Why in the News?

• The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice has conveyed to the Lok Sabha that the Law Ministry has approved its suggestion.
  • The committee recommended the establishment of regional benches of the Supreme Court throughout India.
  • The Law Ministry has officially accepted this recommendation.
• The Supreme Court has consistently rejected the proposal for regional benches.
• The matter is currently sub judice, indicating that it is under judicial consideration.

Constitution Amendment bill

• Rajya Sabha member and Senior Advocate P Wilson addressed Union Law Minister R S Prasad via a written communication.
  • Wilson advocated for amending Article 130 of the Constitution through a proposed bill.
• The suggested amendment aims to establish 4 permanent regional Benches of the Supreme Court in New Delhi, Mumbai, Chennai, and Kolkata.

Geographical Bias in Supreme Court Cases

• A 2011 study by legal scholar Nick Robinson highlighted that a majority of cases before the Supreme Court originate from High Courts near Delhi.
• Purpose of Establishing Regional Benches: The establishment of regional benches is seen as a potential solution to address the geographical bias in case distribution.
• Highlights the importance of litigants being physically present and engaged in court proceedings related to their cases.
• Concerns:
  • Justice Govind Mathur acknowledges the practical challenges faced by people in distant states in agitating their legal concerns effectively.
  • Though, mere creation of regional benches may not rectify the imbalance in case distribution.
    • There are concerns about a potential influx of frivolous petitions with easier access to justice.
  • Proposals:
    • A mechanism to scrutinize and filter the types of petitions admitted in the Supreme Court, emphasizing the importance of maintaining a robust and selective process.

Virtual Hearings by Courts during Pandemic

• Courts successfully implemented virtual hearings amid the pandemic, indicating their potential as an alternative to physical proceedings.
• Chief Justice’s directive suggests a shift towards virtual hearings across all courts.
• But Physical hearings help maintain objectivity, ensure appropriate judicial demeanor, and foster an open court environment conducive to fair proceedings.
• Current Challenges with Virtual Hearings:
  • Some forums like the Central Administrative Tribunal and the National Consumer Disputes Redressal Commission haven’t fully adopted virtual hearing facilities.
  • Many judges still prefer the physical presence of lawyers in court proceedings.
• Proposals
  • A hybrid approach where preliminary and admission hearings occur virtually, while final hearings are conducted in person.
  • Aims to leverage technology for efficiency while accommodating judges’ preference for physical presence during crucial stages of hearings.

Prominent Pitch for Regional Benches

• Regional benches would focus on appellate functions, while the principal bench in Delhi could exclusively handle constitutional matters.
• Relevance of Concerns Amid Improved Disposal Rate:
  • In 2022, the Supreme Court experienced a 31% increase in the disposal of cases, particularly Constitution bench cases.
  • Despite this, the total pendency of cases remains high, with over 80,000 cases pending adjudication, primarily civil cases.
• Concern: While the disposal rate has improved, it’s insufficient considering the substantial backlog of cases.
• Solutions:
  • The establishment of regional benches as a means to increase the number of judges and lawyers, thus enhancing the efficiency of the judicial system.
  • A system akin to France’s, with separate courts of appeal and courts of cassation, as recommended by the Law Commission of India in its 95th and 229th
  • Like in the U.S., a permanent appellate court for constitutional cases can be established, composed of 9 senior judges from cassation courts, while cassation courts handle non-constitutional appeals.
  • The need to relieve the Supreme Court of overburdened matters such as transfer petitions and arbitral appeals, redirecting them to the proposed court of cassation.

Conflicting Precedents with Regional Benches

• A separation between the court of cassation and the permanent appellate court could mitigate conflicting decisions.
• Concerns:
  • The notion that regional benches would necessarily lead to an increased body of conflicting precedents.
    • The existence of multiple benches within several High Courts without significant instances of conflicting decisions.
  • Attributes conflicting views more to the lack of effective assistance and occasional lapses in judicial discipline.
• Proposals:
  • Proposes that the court of cassation would adhere to decisions set by the permanent appellate court, reducing the likelihood of inconsistency.
    • Acknowledges the potential for divergent views in the court of cassation, but suggests that the permanent appellate court could resolve such conflicts.
  • The role of technology in keeping judges informed, contributing to maintaining uniformity in decisions.

Impact of Supreme Court Location on Lawyers

• The lawyers unable to relocate to Delhi face disproportionate challenges due to the Supreme Court’s centralized location.
• There is opposition from the Supreme Court Bar regarding regional benches, fearing the court’s Balkanization.
  • Like the experience of district courts in Delhi, where initial opposition eventually led to the development of vibrant district bars in Saket, Rohini, and Karkardooma.
• Believes that establishing regional benches would result in a robust Supreme Court Bar at the regional level, providing greater opportunities and democratizing legal practice.

Remedy for Overburdened Supreme Court Docket

• It is advocated for improving the efficiency of all courts, not just High Courts, to address the disproportionate burden on the Supreme Court.
  • Notes the lack of a proportional increase in the number of judges despite a rapid rise in litigation over the last three decades.
• The disparities in judicial infrastructure across states, indicating a need for comprehensive reforms beyond establishing regional benches.
• It suggests retaining certain exclusive powers of the Supreme Court, such as its original under Article 131, advisory under Article 143, and writ jurisdictions under Article 32 of the Constitution, even if regional benches are established.
• The idea of requiring certificates for leave to appeal from concerned High Courts or Tribunals before lodging a Special Leave Petition (SLP) in the Supreme Court, arguing that it would hinder access to justice.
  • Currently, Special Leave Petitions (SLPs) make up more than 90% of the cases on the Supreme Court’s docket.

Source: https://www.thehindu.com/opinion/op-ed/should-india-have-regional-benches-of-the-supreme-court/article67874635.ece

Mains question

In light of mounting caseloads and accessibility concerns, discuss the necessity, feasibility, and potential implications of establishing regional benches for the Supreme Court in India. (250 words)