The Supreme Court of India, embodying the pinnacle of the country’s judicial system, operates under three primary jurisdictions: original, appellate, and advisory. This dual role as a Constitutional Court and Court of Appeal, managed under the Chief Justice of India’s direction, has led to significant backlogs and calls for structural reform.
Jurisdiction And Bench Composition
Original, Appellate, and Advisory Functions: The Supreme Court’s broad jurisdiction covers a range of cases, from constitutional queries to public interest litigations. Typically, Division Benches or Full Benches hear cases, but substantial constitutional questions require the assembly of Constitution Benches.
Constitution Benches for Critical Issues: These benches, comprising five to nine judges, focus exclusively on substantial constitutional questions, highlighting the Court’s pivotal role in interpreting the nation’s highest law.
Overwhelming Backlog And Reform Proposals
The Challenge of Pending Cases: With nearly 80,000 cases awaiting resolution by 34 judges, the Supreme Court’s workload is immense. Efforts by Chief Justice D.Y. Chandrachud to introduce varied-strength Constitution Benches reflect a strategic move to address this issue.
Historical Proposals for Division: Suggestions to divide the Court into Constitutional and Legal Divisions aim to streamline processes, reduce costs for litigants, and make justice more accessible, especially given the geographic and financial barriers that affect the distribution of cases.
Steps Towards Accessibility And Efficiency
The Law Commission’s Recommendations: Various Law Commission reports have advocated for the creation of regional benches and a National Court of Appeal to alleviate the Supreme Court’s burden, ensuring it can focus on constitutional matters and questions of national importance.
The Evolution of the Supreme Court: From its inception in 1950 with eight judges to the current 34, the Supreme Court’s expansion has been a testament to the growing demands placed upon it. Despite this, only a fraction of its decisions are made by Constitution Benches, underscoring the need for structural reform.
Conclusion: A Path Forward
The establishment of a permanent Constitution Bench and the potential for regional appeal benches under the Chief Justice’s guidance represent crucial steps towards reforming the Supreme Court. These changes aim to protect citizens’ rights to access the Court while ensuring judicial stability and consistency across the board.
Source: It’s time to revamp the structure of the Supreme Court (The Hindu, November 28, 2023)