It’s time to revamp the structure of the Supreme Court

It’s time to revamp the structure of the Supreme Court

Subject : Polity

Section: Judiciary

Context: The work of the Supreme Court could be split so that there is a Final Court of Appeal and a permanent Constitution Bench to ensure greater judicial stability and consistency

What are the powers of the Supreme Court:

• Original Jurisdiction: This pertains to the resolution of disputes between various entities within the Indian Federation. These disputes encompass conflicts between:
  • The central government and one or more states.
  • The central government and any state or states on one side, and one or more states on the other.
  • Disputes between two or more states.
• Appellate Jurisdiction: Serving as the highest court of appeal in the nation, the Supreme Court hears appeals from lower courts and tribunals, encompassing both civil and criminal cases. This ensures a consistent interpretation and application of laws throughout the country.
• Advisory Jurisdiction: The President of India has the authority to seek advice from the Court on questions of law or fact that may arise.
• Additionally, the Supreme Court possesses the power of judicial review, allowing it to assess the constitutionality of laws passed by the legislature and executive actions. It also has the authority to punish for contempt of court and the power to issue writs (such as habeas corpus and mandamus) to enforce fundamental rights.

What are Constitution Benches:

• Article 145(3) provides for the setting up of a Constitution Bench. It says a minimum of 5 judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”.
• This provision is also applicable to the Court hearing any reference under Article 143, which deals with the power of the President to consult the Court.

What are some suggestions to address these structural gaps in the Supreme Court:

• The 10th Law Commission in 1984 suggested a division of the Supreme Court into Constitutional and Legal Divisions, focusing on constitutional law issues for the former. This proposal was reiterated by the 11th Law Commission in 1988.
• In the Bihar Legal Support Society v. CJI Case (1986), the Supreme Court expressed the “desirability” of establishing a National Court of Appeal exclusively handling special leave petitions, restricting the Supreme Court to constitutional and public law-related questions.
• The 229th Law Commission Report in 2009 recommended the establishment of four regional benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai. These regional benches would handle appellate responsibilities, with a Constitution Bench in New Delhi operating regularly. This proposed structure aimed to distribute the substantial backlog of non-constitutional cases among regional benches, enhancing accessibility and efficiency.
• Under Art 130  the seat of Supreme Court  shall be in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.