JOIN USIn order to clear pending cases, the Law Commission has suggested formation of three more benches in as many regions to hear constitutional issues and matters of the northern region.
The Commission headed by Justice A R Lakshmanan has recommended the establishment of regional centres in Chennai or Hyderabad, Kolkata and Mumbai for the respective regions.
“The apex court would thus be relieved of the backlog of accumulated cases which are causing a burden and continuous strain on the resources of the apex court,” said the report that would be submitted to the government in the coming week.
However, Chief Justice K G Balakrishnan has opposed the move to bifurcate the Supreme Court of India.
In a recent interview to journalists he said: “If the Supreme Court is divided, it will not be the apex court of India. In no other country, the Supreme Court was divided.’’
Justice Balakrishnan has always advocated increasing the number of Judges of the Supreme Court, so that there would be more benches to hear the pending cases.
Recently the government increased the strength of the Apex Court to 30 by amending the Constitution and notified for the appointment of four more judges to the existing strength of 26.
The appointment to the new posts would be made as soon as the new government took over at the Centre in May or June, said an official of the Supreme Court on Thursday.
However, the commission has suggested that all Public Interest Litigations should be heard by the apex Constitution court to ensure that no contradictory orders were issued.
The apex bench in Delhi would be hearing matters of national importance such as references made by the zonal benches to larger benches due to conflict of authority or any other reason and cases where the interests of more than one state are involved such as inter-state disputes on land, electricity, water, etc.
The commission has suggested reference made under Articles 143 and 217 of the Constitution, presidential and vice-presidential elections, suits between two or more States, etc.
While referring to reports of the parliamentary committee, the commission in its report apparently suggested that the setting up of the regional benches could reduce the backlog of pending cases.
However, the recommendation of the commission is not binding on the government. For setting up of regional benches or any bifurcation would require amendment to the Constitution of India.