The UPA government is closely examining the recommendation of the Law Commission to set up four Supreme Courts in metros and a federal court in Delhi exclusively devoted to examining constitutional issues as one of the possible ways of reducing the huge backlog of cases. The recommendation of the Law Commission, made in its 229th report, to set up Supreme Courts in the original four metros as well as a federal court tasked with disposing of constitutional issues, was recently endorsed by Chief Justice K G Balakrishnan. The idea to set up the Supreme Courts, or more appellate courts, is seen as in harmony with the Constitution, for Article 130 says that “the Supreme Court shall sit 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”. In the Law Commission’s recommendation to law minister Veerappa Moily, the commission had said that, “Whether the Supreme Court should be split into constitutional division and legal division for appeals, the latter with benches in four regions-North, South, East and West-is a subject of fundamental importance for the judicial system of the country.” However, the full court of the Supreme Court had till date rejected all the proposals for setting up benches of the Supreme Court in the south or any other region of the country.
April 20, 2015