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Supreme Court Not In Favour Of Setting Up Regional Benches : Centre Tells Rajya Sabha

LIVELAW NEWS NETWORK
16 Dec 2021 12:52 PM GMT
Supreme Court Not In Favour Of Setting Up Regional Benches : Centre Tells Rajya Sabha
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"The Supreme Court has consistently not agreed for setting up benches of the Supreme Court outside Delhi".

In response to the questions regarding pendency of matters before the Supreme Court of India and High Courts and the government's proposal to set up four regional appellate courts to reduce pendency of cases, the Law Minister Mr. Kiren Rijiju in his written reply informed the Rajya Sabha that the Supreme Court had consistently not agreed for setting up of benches of the Supreme...

In response to the questions regarding pendency of matters before the Supreme Court of India and High Courts and the government's proposal to set up four regional appellate courts to reduce pendency of cases, the Law Minister Mr. Kiren Rijiju in his written reply informed the Rajya Sabha that the Supreme Court had consistently not agreed for setting up of benches of the Supreme Court outside Delhi.

The reply noted that as per Art.130 of the Constitution, the Supreme Court shall sit in Delhi or any other places as the CJI may with the approval of the President appoint. It further notes that the Law Commission in its 229th Report had also suggested that a Constitutional Bench be set up at Delhi along with four Cassation benches.

The reply notes that while the recommendation to set up Benches of the Supreme Court has been referred to the CJI for consideration in the past, it hasn't been agreed to. It states:

"The Chief Justice of India, in his letter dated 12th August, 2007, informed that after consideration of the matter, the full Court, in its meeting held on 7th August 2007, found no justification for deviating from its earlier resolution on the subject and unanimously resolved that the recommendation made by the Committee cannot be accepted."

It further notes that:

"In this regard, the then Chief Justice of India informed that after consideration of the matter, the Full Court in its meeting held on 18th February 2010 found no justification for setting of Benches of the Supreme Court outside Delhi".

The Minister in his reply also informed the House that a Writ Petition No.36 of 2016 on the establishment of the National Court of Appeal was pending before the Supreme Court of India.

In the context of Benches of High Court, the reply notes that there is an established procedure in place- a 'complete proposal' from the State Government and the Chief Justice of the concerned High Court along with the consent of the Governor of the State. It further notes while requests for the establishment of High Court Benches have been received from various organizations, "at present no complete proposal is pending with the Government."

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