Regional Benches for SC

Regional Benches for SC

News: Recently, The Indian government has reportedly given its nod to the recommendation of a parliamentary committee advocating the establishment of regional benches for the Supreme Court.

Background:
• Currently its action-taken report on Judicial Processes and Their Reforms, the Standing Committee on Law and Personnel in the Lok Sabha revealed that the government has acknowledged its suggestion.

What is the Constitutional provision regarding the seat of The Supreme Court in India?
• The Constitutional provision regarding the seat of the Supreme Court in India is defined under Article 130.
• The Supreme Court shall 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.
• This provision was debated and adopted on 27 May 1949. It was justified that it was necessary for all courts to have a defined seat so that litigants would know where to approach the court.
• The language of the Article is flexible enough to change the seat of the Supreme Court without a constitutional amendment if the capital was changed in the future. This clause is optional and not compulsory.

Issues in the present system:
• Presently there are 34 seats for judges in the Supreme Court, which is much less in comparison to the population of the country. Even these 34 seats are not filled in, and only 31 judges, including the Chief Justice, are holding the judicial seats at the Supreme Court.
• It reduces the capacity for the fast delivery of justice.
• The Supreme Court of India sits in Delhi, which causes challenges for people outside of Delhi to seek justice.
• It makes it difficult for extensively underprivileged people who live in the remotest areas of the country to even think of reaching to Supreme Court.

What are the arguments in favour and against having regional benches of Supreme court in India?

Arguments in Favor
• Access to Justice: The demand for regional benches is about access to justice, which is a fundamental right under the Constitution. Regional benches could bring the judiciary closer to the people.
• Reduced Litigation Cost: The regional benches may reduce the litigation cost for the common man. Litigants could avoid bearing the expenses of traveling to Delhi.
• Reduced Caseload: The regional benches may be seen as a solution to the overflowing caseload of the judiciary.

Arguments against:
• Unity and Integrity: Former Attorney Generals have expressed reservations about regional benches, citing concerns about the Supreme Courts unity, integrity, and territorial jurisdiction.
• Dilution of Authority: There are concerns that regional benches will dilute the sacrosanct nature of the Supreme Court and lessen the binding force of the decisions of the Supreme Court.
• Infrastructural Cost: The huge infrastructural cost of setting up these regional benches could be a loss of money and human resources.