28 February 2024 – The Hindu

Need of Regional Benches in Supreme Court

• The Law Ministry has approved the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice’s proposal to create regional Supreme Court benches across India, the committee recently informed the Lok Sabha. The idea has, however, always been rejected by the supreme court, which has pointed out that the case is still pending.

What Are the Various Legal Viewpoints on the Indian Supreme Court’s Regional Benches?

• According to Article 130 of the Indian Constitution, the Supreme Court will have its sessions in Delhi or at any other location that the Chief Justice of India (CJI) may designate at any time, subject to the President’s assent.
• Law Commission Report: The 229th Law Commission Report (2009) suggested setting up four regional benches to hear non-constitutional cases in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai in an effort to make the Court more accessible.
• Bar Councils: Southern Bar Councils petitioned the Chief Justice of India in July 2021 to establish a southern bench of the Supreme Court.
• Report of the Parliament Standing Committee on Personnel, Public Grievances, Law and Justice: The Parliament Standing Committee on Personnel, Public Grievances, Law and Justice presented its 107th report on “Demands for Grant (2021–22) of the Ministry of Law and Justice” and advocated for the creation of the Supreme Court’s regional benches, as recommended by the Law Commission’s 229th report.
• Chief Justices of India: No CJI has, as of yet, judged it appropriate to allow the Supreme Court to meet somewhere other than Delhi. A number of Chief Justices have expressed little enthusiasm for the idea of regional benches, expressing worries that it would devalue the Supreme Court’s standing.
• What Justifications Exist for the Supreme Court’s Regional Benches?
• Enhanced Availability
• According to the Parliamentary Standing Committee report, those who live in rural and distant places have a difficult time getting justice in the nation’s capital.
• Justice would be more easily available to those who live in rural areas or distant from the capital with regional benches. This would lessen the need for people to travel to Delhi for legal concerns, especially for those who are struggling financially or practically.
• Increased Attention to Constitutional Issues:
• There would be a specific forum for the resolution of complicated constitutional problems free from the interruption of other appellate matters if the primary bench in New Delhi was limited to hearing cases involving constitutional law.
• Judges on regional benches could focus on appellate cases, allowing them to become experts in particular legal fields that are pertinent to their home regions. Making more informed decisions could result from this specialisation.

Enhanced Judicial Efficiency:

• Regional benches would be in a better position to deal with regional problems and topics that might not get enough attention on a national scale. Judges with local context knowledge may provide more pertinent and useful rulings.
• Judges with knowledge of local laws and customs could handle cases more effectively if regional benches were in place. Making decisions faster and with greater knowledge could result from this specialisation.

Increased Possibilities:

• By empowering local legal practitioners and raising legal awareness at the grassroots level, regional benches could encourage the growth of legal infrastructure and competence across the nation.
• In addition to bringing about more opportunities, the establishment of regional benches would democratise the Bar.

Decrease in Cases Pending:

• The number of cases the Supreme Court decided in 2023 was 31% higher than in 2022. Currently awaiting adjudication are little over 80,000 cases, of which 60,000 are civil in nature.
• The creation of regional benches will result in an increase in the number of solicitors and judges, giving our legal system a much-needed boost.
• Regional benches may alleviate the strain on Delhi’s main bench by decentralising the Supreme Court’s workload. This may result in fewer cases remaining unresolved and quicker case settlement.

What are the Defences of the Supreme Court’s Regional Benches?

Splitting Up Jurisprudence:

• Inconsistencies in judicial decisions across the nation may arise from regional benches’ tendency to provide differing interpretations of the law and legal concepts.
• G. Balakrishnan, the former CJI, even went so far as to speculate that it might cause the institution to fall apart.

A Rise in Litigation:

• Although most of the matters that are brought before the Supreme Court come from High Courts in the vicinity of Delhi, creating regional benches will not address this imbalance.
• Regional benches may lead to a rise in pointless or forum-shopping lawsuits as parties look for favourable decisions from benches they believe to be more sympathetic to their positions.

Possible Influence and Bias:

• Particularly in places where there are strong local interests or political pressures, there may be worries about the possibility that regional prejudices or political influence would affect judge decisions at regional benches.
• The qualifications and experience of judges chosen to regional benches may raise questions, especially when compared to the seasoned justices at Delhi’s main bench. The dependability and consistency of court rulings may be impacted by this.

Increasing Infrastructure and Resource Spending:

• It would cost a lot of money to establish and maintain regional benches, as well as to invest in court infrastructure and support personnel. Judges’ already meagre funds and resources may be put under pressure by this.
• Up to 347 seats are open in the nation’s high courts, which have a sanctioned strength of 1,114 judges.
• Similarly, of the 25,081 sanctioned judges in the district judiciary, only 19,781 were really in service. There are up to 5,300 open district judge vacancies.

What Path Should We Take Next?

• Divide of Appellate and Constitutional Jurisdiction Benches: The Tenth Law Commission of India suggested creating two divisions within the Supreme Court: the Legal Division and the Constitutional Division.
• According to the plan, the proposed Constitutional Division would only hear cases involving constitutional law.
• Create a National Court of Appeal for Special Leave Petitions (SLPs): The Supreme Court said in Bihar Legal Support Society v. Chief Justice of India, 1986 that it was “desirable” to create a National Court of Appeal with the authority to hear SLPs.
• As a result, the Supreme Court would be limited to considering cases involving public law and the constitution.
• Reducing the Vacation Period by 21 Days and Increasing the Number of Working Days: The Malimath Committee proposed that, in light of the large case backlog, the Supreme Court operate for 206 days.
• In an effort to reduce the backlog of cases, the 2009 Law Commission recommended in its 230th report that court holidays be shortened by 10 to 15 days at all judicial levels.
• Strengthen Existing Infrastructure: To increase access to justice and decrease case backlogs, give top priority to modernising and upgrading the current judicial infrastructure, which includes district and high courts.
• The National Judicial Infrastructure Authority of India (NJIAI), which will aid in enhancing the judicial infrastructure that presently requires urgent attention, was proposed by former Chief Justice of India NV Ramanna.
• Perform Feasibility Studies: To evaluate the possible advantages, difficulties, and ramifications of building regional benches, conduct comprehensive feasibility studies. These investigations ought to take into account elements like the law, logistics, finances, and constitutionality.
• To assess the efficacy of pilot projects or experimental regional benches on the availability of justice, judicial efficiency, and decision consistency, consider putting them into place in a few chosen areas.
• Preserve the Exclusive Power: The Constitution reserves the Supreme Court’s original jurisdiction under Article 131, its advisory jurisdiction under Article 143, and its writ jurisdiction under Article 32. These exclusive powers should be preserved even in the event that regional benches are established.
• More Comprehensive Judicial Reforms: Implement more comprehensive judicial reforms to address systemic problems such court backlogs, delays in the administration of justice, and judicial vacancies. These reforms are essential to enhancing the legal system’s overall performance.
• Examine how technology, including virtual courts and video conferencing, might improve access to justice and enable case adjudication from a distance, particularly in underprivileged or distant locations.

Way Forward:

• We need to have a bold vision for the future of the Indian judiciary that strikes a balance between accessibility and excellence, innovation and tradition, and regional diversity and national unity.
• The Supreme Court’s creation of regional benches may represent a significant step towards achieving this goal, with the potential to provide a more effective, responsive, and inclusive justice system for all citizens.