Indian government gives nod to establish Supreme Court regional benches

The Indiangovernment has reportedly given its nod to the recommendation of a parliamentary committee advocating the establishment of regional benches for the Supreme Court. As per a report by news agency PTI, the Parliamentary Standing Committee had highlighted that the apex court has "consistently" dismissed the idea, citing it as a sub-judice matter.

"The Supreme Court has been consistently rejecting the proposal for setting up of the Benches of Supreme Court at a place outside Delhi," said theParliamentary Standing Committee.

Presenting its action-taken report on "Judicial Processes and Their Reforms," the Standing Committee on Law and Personnel in the Lok Sabha on Wednesday (Feb 7th) revealed that the government has acknowledged its suggestion.

Access to justice

In a chapter discussing the recommendations accepted by the government, the panel referred to its previous proposal regarding the feasibility of regional Supreme Court benches.

Emphasising the significance of 'access to justice' as a fundamental right, the committee underscored the long-standing demand for regional benches to ensure justice reaches the doorsteps of citizens.

The committee highlighted that establishing regional benches could alleviate the burden on the judiciary and reduce litigation costs for the common man.

"The regional benches may also be seen as a solution to the overflowing caseload of the judiciary and to reduce the litigation cost to the common man," it said.

The committee reiterated its persistent recommendation for setting up regional Supreme Court benches and proposed the invocation of Article 130 of the Constitution for this purpose. The panel recommended the setting up of regional benches in four or five locations across India.

Responding to this, the Department of Justice in the law ministry clarified that as per Article 130, the Supreme Court is mandated to sit in Delhi or other locations designated by the Chief Justice of India with the President's approval. It said that the matter of regional benches has been referred twice to the Attorney General for opinion.

Former AttorneyGenerals have expressed reservations about regional benches, citing concerns about the Supreme Court's unity, integrity, and territorial jurisdiction. They argued against diluting the apex court's authority and warned of potential conflicts arising from divergent views. In March 2016, the then A-G Mukul Rohatgi said that the Supreme Court sitting in regional benches would impair the unity, integrity, importance, and majesty of the apex Court.

In a writ petition regarding the establishment of a National Court of Appeal, the Supreme Court in July 2016 "deemed it proper" to refer the matter to a Constitutional Bench for authoritative pronouncement.

(With inputs from agencies)