• UGI USER
  • Nov 28, 2023
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IT’S TIME TO REVAMP THE STRUCTURE OF THE SUPREME COURT

Relevance:

GS 2: Structure, Organization and Functioning of the Executive and the Judiciary.

Issue in focus:

The Supreme Court of India, the highest judicial body in the country, faces a growing burden of cases and a complex structure that hinders its efficiency. The issue delves into the proposal for a separate Constitution Bench and explores the need for a structural revamp of the Supreme Court.

Source: Brainly.in 

Structure of the Supreme Court

  • Pre-Independence Era:
    • Before independence, three Supreme Courts existed in Bombay, Calcutta, and Madras.
    • Replaced by High Courts under the Indian High Courts Act of 1861.
  • Post-Independence Evolution:
    • The Supreme Court, established in 1950, saw a gradual increase in the number of judges.
    • Evolved from eight judges in 1950 to 34 in 2019 due to a rising workload.
  • Current Structure
    • India’s judicial system comprises a three-tiered hierarchy: Supreme Court, High Courts, and District and Subordinate Courts.
    • The Supreme Court is the apex court, followed by High Courts in each state, and District and Subordinate Courts at the district and sub-district levels.
    • Original, appellate, and advisory jurisdictions define the Supreme Court’s role.
Detailed Explanation of Key Points

Original Jurisdiction:(Article 131)

·  The original jurisdiction of the Supreme Court is limited to a few types of cases, such as those involving disputes between the Union and the States, or those related to the enforcement of fundamental rights.

·  This jurisdiction is primarily exercised through the issuance of writs, which are judicial orders that can be used to compel the government to comply with its legal obligations.

Appellate Jurisdiction:( Article 132,133,134)

·  The appellate jurisdiction of the Supreme Court is much broader, and it encompasses a wide range of civil and criminal cases. 

·  Appeals can be filed against the decisions of High Courts, which are the highest courts in each state.

·  The Supreme Court can also hear appeals from lower courts and tribunals, but only in certain cases.

Advisory Jurisdiction:(Article 143) 

·  The advisory jurisdiction of the Supreme Court is the least frequently used of its three jurisdictions. 

·  The President of India can seek the advice of the Supreme Court on legal matters, but the Court is not bound to provide such advice. 

·  The Court’s advisory opinions are not legally binding, but they can carry significant moral weight.

Current Jurisdiction of the Supreme Court

The Supreme Court handles a wide range of matters, including:

  • Disputes between the Centre and States
  • Disputes between States
  • Civil and criminal appeals
  • Legal and factual advice to the President
  • Writ petitions involving fundamental rights.

Overburdened Court

The Supreme Court is overburdened with cases. At present, there are 79,813 cases pending before the 34 judges of the Supreme Court. This is due to several factors, including:

  • Increase in the number of cases: The number of cases filed in the Supreme Court has increased significantly over the years.
  • Complex cases: The cases filed in the Supreme Court are often complex and require a lot of time to adjudicate.
  • Lack of adequate infrastructure: The Supreme Court does not have adequate infrastructure to handle the large number of cases.

Need for Structural Reforms

Historical Proposals:

  • In 1984, the Tenth Law Commission suggested dividing the Supreme Court into Constitutional and Legal Divisions.
  • In 1988, Eleventh Law Commission reiterated the proposal, aiming for wider justice availability and reduced litigant fees.
  • National Court of Appeal Proposal (1986)
    • Suggested by the Supreme Court in Bihar Legal Support Society v. CJI.
    • A National Court of Appeal to entertain special leave petitions, allowing the Supreme Court to focus on constitutional and public law-related questions.
  • Law Commission Recommendations (2009)
    • Proposed four regional benches to hear non-constitutional issues.
    • Aimed to reduce backlog, allowing the Supreme Court to focus on constitutional matters.

There is a need for structural reforms in the Supreme Court to address the issue of overburdening. The Core reforms include:

  • Establish a separate Constitution Bench
  • Create regional benches
  • Increase the number of judges

Demand for a Separate Constitution Bench

  • The concept of a separate Constitution Bench has been advocated for several decades.
  • The Tenth Law Commission of India in 1984 and the Eleventh Law Commission in 1988 suggested dividing the Supreme Court into two divisions:
    • The Constitutional Division and 
    • The Legal Division. 
  • This proposal aimed to streamline the court’s operations and expedite the resolution of constitutional matters.

Justification for a Separate Constitution Bench

Establishing a separate Constitution Bench offers several compelling advantages:

  • Enhanced Focus on Constitutional Issues: A dedicated bench would be able to devote its full attention to constitutional matters, ensuring thorough and comprehensive analysis of complex legal issues.
  • Reduced Caseload for the Supreme Court: By delegating constitutional matters to a separate bench, the Supreme Court’s workload would be reduced, allowing it to focus more effectively on other critical areas of law.
  • Expedited Resolution of Constitutional Cases: A specialized bench would be able to expedite the resolution of constitutional cases, ensuring that fundamental rights issues are addressed promptly and effectively.
  • Greater Judicial Expertise: A bench dedicated to constitutional matters would foster a deeper understanding of constitutional law and principles, enhancing the quality of judicial decisions.
  • Improved Judicial Stability and Consistency: A separate Constitution Bench would promote greater judicial stability and consistency in the interpretation of the Constitution.
  • Enhanced Access to Justice: By streamlining the handling of constitutional matters, a separate bench would improve access to justice for citizens seeking protection of their fundamental rights.

Proposal for a Separate Constitution Bench

To effectively implement the concept of a separate Constitution Bench, the following steps are proposed:

  • Constitutional Amendment: A constitutional amendment would be required to formalize the establishment of a separate Constitution Bench.
  • Composition of the Bench: The Constitution Bench could comprise five or seven judges, depending on the complexity of the issues being considered.
  • Case Allocation: Cases involving substantial questions of constitutional law would be automatically referred to the Constitution Bench.
  • Role of the Chief Justice of India: The Chief Justice of India would oversee the functioning of the Constitution Bench and ensure its effective operation.

Regional Benches for Expedited Justice

  • The Supreme Court could establish regional benches to handle non-constitutional matters, further reducing the workload on the main bench.
  • The establishment of regional benches of the Supreme Court would further enhance access to justice, particularly for litigants residing in remote areas. 
  • These regional benches could handle a significant portion of appellate cases, reducing the burden on the main court and ensuring prompt justice delivery.

Proposal for a Final Court of Appeal

  • The creation of a Final Court of Appeal, distinct from the Supreme Court, would further streamline the judicial system.
  • This dedicated court could handle all non-constitutional appeals, allowing the Supreme Court to focus on constitutional matters and cases of national importance.

As the Supreme Court grapples with an increasing workload, these reform discussions become paramount for the Indian judiciary’s continued effectiveness and accessibility. This would bring the Supreme Court closer to the people and reduce the burden on Judiciary.

Source: https://www.thehindu.com/opinion/op-ed/its-time-to-revamp-the-structure-of-the-supreme-court/article67579914.ece

Mains Practice Question:

Discuss the feasibility and effectiveness of establishing a separate Constitution Bench and regional benches in reducing the Supreme Court’s workload and improving access to justice.