Regional benches of the Supreme Court

Government accepted the establishment of regional benches of the Supreme Court to enhance judicial accessibility as per the recommendation of the parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.

• Despite the court’s consistent rejection and the matter being sub-judice, the government has accepted the proposal.

Report on Judicial Processes and Their Reforms:

• The Standing Committee on Law and Personnel presented its action taken report on “Judicial Processes and Their Reforms” in the Lok Sabha.
• The government has accepted the committee’s earlier recommendation on the feasibility of regional benches of the Supreme Court.

Committee recommendations:

• The committee has persistently recommended the establishment of regional benches and believes the Supreme Court can invoke Article 130 of the Constitution to set up regional benches at multiple locations across the country.
• The primary court in Delhi should continue to handle the interpretation of the Constitution and Constitutional matters, while the regional benches should be responsible for appellate matters only.
• However, the Committee noted that the decisions made by the appellate benches should not be viewed as an additional layer of the judiciary.
  • Decisions made by the appellate benches shall be treated as final.

Rationale for Regional Benches:

• The demand for regional benches is rooted in the principle of ‘access to justice,’ considered a fundamental right under the Constitution.
• Regional benches aim to bring justice to the doorstep of the common citizen, addressing a long-standing demand.
• Regional benches are seen as a potential solution to address the overflow of caseload and reduce litigation costs for citizens.
• Issues faced by litigants due to language barriers can be addressed.

Constitutional Perspective:

• Article 130 of the Constitution states that the Supreme Court will 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.

Concerns about regional benches of the Supreme Court:

• Establishing regional benches may compromise the unity, integrity, and majesty of the Supreme Court.
• Potential conflicts of views may arise, leading to challenges in resolution and increased time and costs for litigants.
• Regional benches can create conflict by interfering in the territorial jurisdiction of the HCs.

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