Advocating for the establishment of regional benches within the Supreme Court is a critical step towards reforming the judiciary and ensuring equitable access to justice across the nation. The current centralized structure of the Supreme Court often poses logistical and financial challenges for litigants from distant regions, disproportionately affecting marginalized communities. By decentralizing the court’s operations and establishing regional benches, we can alleviate the burden on individuals and enhance judicial efficiency. Moreover, this reform would foster diversity in the judiciary by drawing upon a broader pool of legal talent from different regions, thereby enriching the deliberative process and enhancing the court’s legitimacy in the eyes of the public. Ultimately, regional benches represent a progressive solution to address the systemic inequalities within the judicial system and promote the principles of fairness and inclusivity upon which our democracy stands.
Tag: GS – 2 Indian Constitution, Judiciary, Constitutional Bodies, Judicial Review
In News: A recent article delves into the suggestion put forth by a parliamentary committee supporting the creation of regional benches for the Supreme Court.
Differing Legal Perspectives on Supreme Court Regional Benches in India
- Article 130 of the Indian Constitution
- The Indian Constitution’s Article 130 designates Delhi as the primary seat for the Supreme Court, giving the Chief Justice of India the authority, with presidential approval, to select alternative locations.
- Law Commission Report (2009)
- The 229th Law Commission Report recommended establishing regional benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai, focusing on non-constitutional matters to enhance accessibility.
- Bar Councils Representation (2021)
- Bar Councils from the south urged the Chief Justice of India to establish a Supreme Court bench in southern India, emphasizing regional representation.
- Parliament Standing Committee Report
- The 107th report of the Parliament Standing Committee advocated for regional Supreme Court benches based on the Law Commission’s recommendations.
- Chief Justices of India’s Position
- Historically, Chief Justices of India have been cautious about regional benches, expressing concerns about potential impact on the Supreme Court’s prestige.
Arguments in Favor of Regional Supreme Court Benches
- Increased Accessibility
- Regional benches address challenges faced by those residing in distant areas, providing easier access to justice.
- Enhanced Focus on Constitutional Matters
- Specialization in constitutional matters at the primary bench allows regional benches to focus on appellate cases, fostering expertise.
- Improved Judicial Effectiveness
- Regional judges can better address local issues efficiently, ensuring more relevant and effective judgments.
- Greater Opportunities
- Establishing regional benches promotes legal infrastructure development, empowering local professionals and enhancing legal awareness.
- Reduction in Pendency of Cases
- Decentralizing Supreme Court workload through regional benches can expedite case resolution and reduce pending cases.
Arguments Against Regional Supreme Court Benches
- Fragmentation of Jurisprudence
- Regional benches may lead to divergent legal interpretations, causing inconsistencies in judicial decisions across regions.
- Increased Litigation
- Concerns arise about potential frivolous or forum-shopping litigation seeking favorable outcomes from perceived sympathetic benches.
- Potential Bias and Influence
- Worries exist regarding regional biases or political influence impacting judicial decisions at regional benches.
- Expenditure on Resources and Infrastructure
- Establishing and maintaining regional benches requires significant financial resources and infrastructure investment.
Way Forward: Recommendations for Judiciary Improvement
- A Separation of Constitutional Jurisdiction Benches
- Propose a Constitutional Division and a Legal Division for specialized focus, as suggested by the Tenth Law Commission of India.
- National Court of Appeal for SLPs
- Consider establishing a National Court of Appeal to handle special leave petitions, aligning with suggestions from past cases.
- Increase Number of Working Days
- Implement recommendations to increase working days and reduce vacation periods, as suggested by the Malimath Committee and the 2009 Law Commission.
- Strengthen Existing Infrastructure
- Prioritize modernizing and strengthening existing judicial infrastructure, including High Courts and district courts.
- Conduct Feasibility Studies
- Conduct thorough feasibility studies before establishing regional benches, considering legal, logistical, financial, and constitutional aspects.
- Exclusive Powers Retention
- Retain exclusive powers of the Supreme Court, such as its original, advisory, and writ jurisdictions, even with regional bench implementation.
- Broader Judicial Reforms
- Undertake comprehensive judicial reforms addressing backlog, delayed justice, and vacancies, leveraging technology for efficiency.
Conclusion
Envision a judiciary that balances tradition and innovation, regional diversity and national unity, and accessibility with excellence, ensuring a justice system that serves all citizens effectively.
| UPSC Previous Year Questions Prelims (2021) Q. With reference to the Indian judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India. 2. A High Court in India has the power to review its own judgement as the Supreme Court does. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: A Mains (2017)Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. |
Source: TH
Frequently Asked Questions (FAQs)
1. What are regional benches for the Supreme Court?
- Regional benches are decentralized branches of the Supreme Court established in various regions across the country. They aim to bring the highest level of judicial authority closer to citizens outside the capital, facilitating easier access to justice.
2. Why advocate for regional benches in the Supreme Court?
- Advocating for regional benches is essential to address disparities in access to justice. Centralized courts often create logistical and financial barriers for litigants from distant regions, hindering their ability to seek redress. Regional benches can mitigate these challenges and promote fairness in the legal system.
3. How would regional benches enhance judicial efficiency?
- By decentralizing the workload of the Supreme Court, regional benches can help alleviate the burden on the main court in the capital. This redistribution of cases can lead to faster adjudication, reduced backlog, and improved efficiency in handling legal matters at both the regional and national levels.
4. What impact would regional benches have on diversity in the judiciary?
- Establishing regional benches would encourage greater diversity in the composition of the judiciary. By drawing upon a broader pool of legal professionals from different regions, these benches can bring diverse perspectives and experiences to the decision-making process, enriching judicial deliberations and increasing public trust in the court system.
5. How do regional benches promote principles of fairness and inclusivity?
- Regional benches promote fairness and inclusivity by ensuring that individuals from all regions have equitable access to the highest court in the land. By decentralizing judicial authority, these benches empower marginalized communities and promote a more inclusive legal system that upholds the principles of equality and justice for all citizens.
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