DMK MP P. Wilson Bats for Regional Supreme Court Benches to Ensure Speedy Disposal of Cases Moves a Private Member Bill in RS
(Judicial Quest News Network)
The DMK MP (Rajya Sabha) and senior lawyer P. Wilson has long been a staunch supporter and advocate for setting up regional supreme Court benches had presented a private Bill in Rajya Sabha proposing to set up a four permanent Regional Benches of the Supreme Court, apart from a constitution Bench that will hear only important constitutional cases.
The need to decentralize the Supreme Court of India appears have revived in recent days between private member Bill pending consideration in the Rajya Sabha seeking the establishment of regional Supreme Court Benches.
Soon after his role as a Member of the Rajya Sabha Wilson had raised the issue on the floor of the Rajya Sabha, along with MDMK leader Vaiko
Earlier the then Union Law Minister RS Prasad responded, in letters addressed to Wilson and Vaiko, that regional benches of the Supreme Court could not be set up due to the Constitutional obstacles and given that a related issue is pending before the Supreme Court.
On this Wilson had proposed to the authorities to amend Article 130.
“It is high time to amend Article 130 of the Constitution, since despite 70 years having passed since the coming into force of the Constitution, the fervent pleas of the people of the South, West and East and the members of the Bar in these States to establish Permanent Regional Benches of the Supreme Court is not heard and considered.”
The Important points of Constitution (Amendment) Bill,2020
The Bill proposes amendment of Article 130 of the constitution of so that there are, in total five Supreme Court Benches. One bench can exclusively hear important constitutional cases (Constitution Bench) and four other permanent Regional Benches to hear matters arising out of various regions of India. To this end. The Bill proposes the following changes.
For decades now, there has been a widespread demand from various quarters for the establishment of permanent Regional Benches of the Supreme Court.
Many reorientations have been made from various bar associations and litigants from across the country. The people’s representative in parliament have also often raised issue in the past.
In 2004-2005 and 2006 the standing committee of the parliament had recommended the setting up of the regional Benches of the Supreme Court. The Law Commission in Its report number 229 dated 05-08-2009 to the Ministry of Law and Justice, Government of India has also emphasised the need for the establishment of “Cassation Benches “of the Supreme Court at New Delhi, Mumbai Chennai and Kolkata.
Supreme Court of India being a Constitutional Court “Involving a substantial question of law as to the interpretation of [the Constitution”.
Due to the heavy work load, judges mostly sit in two-or three-judge benches to dispose of all kinds of cases.
As you are all aware, access to justice is a fundamental right enshrined under our Constitution. The framers of our constitution considered this right to be so sacrosanct that they enacted Article 32- a direct access to the highest Court of the land to enforce fundamental rights. More so the fundamental duty of the State is to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The Bill further contends that setting up regional Benches of the Supreme Court would also increase the strength of the Bench of the Supreme Court. Presently the ration of the number of the Supreme Court Judges to the population of the country and the docket of the Court is miniscule. There are only 34 Judges a country with a population of 133 crores. Having regional Benches will necessarily increase the SentiStrength of the Supreme Court as well. This would need a separate amendment to the Supreme Court (Number of Judges) Act, 1956.
It is further contended in the Bill that one of the regular reasons for the adjournments at the Supreme Court is that the counsel travel from various parts of the country for hearing and cannot make it to the hearing for various reasons. The litigants also spend a lot of money on the travel and accommodation of the Lawyers each time a case is adjourned for want of a Lawyer. It is the litigant who bears the expense. Therefore, if permanent regional Benches of Supreme Court are established, it would ease the burden on the litigant.
The proposed Amendment divides the Supreme Court into one Constitution Bench at the Capital, and four regional Benches. The Constitutional Bench would hear all the important constitutional cases only. The discretion to classify a case as a Constitutional case has been confer don the Chief Justice of India. Generally, the Constitution cases are heard and decided by a bench of 5 Judges or more, Regional Benches have been empowered under this amendment to exercise the full jurisdiction of the Supreme Courtin all matters other than Constitution cases.
