Shifting Principal Benches Of Certain Tribunals Outside Delhi May Help Bar To Grow At Different Places: Justice Hemant Gupta

In his dissenting opinion in Madras Bar Association case, Justice Hemant Gupta highlighted the concern of lawyers and litigants about concentration of Tribunals in Delhi.

The judge observed that shifting the principal benches of the certain Tribunals outside Delhi will help the Bar to grow at different places and would also resolve the challenge of scarcity of housing in the Capital. He added that it is expensive for the litigants to engage professional services in Delhi, which is out of capacity for a large section of the society.

Justice Gupta observed thus while examining the legality and validity of the Second & Third proviso to Section 184(1) of the Ordinance regarding house rent allowance.

The judge noted that, as per the Rules now notified, the Chairman, Chairperson, President, Vice Chairman, Vice Chairperson or Vice President shall have option to avail of accommodation to be provided by the Central Government as per the rules for the time being in force or entitled to house rent allowance subject to a limit of Rs. one lakh fifty thousand rupees per month and the Members shall have option to avail of accommodation to be provided by the Central Government as per the rules for the time being in force or entitled to house rent allowance subject to a limit of Rs.one lakh twenty-five thousand rupees per month with effect from the 1st January, 2021. Having noted this, the judge observed thus:

"46. As a matter of fact, there is a common grievance of the members of the Bar and the litigating parties other than from Delhi that there is a concentration of Tribunals in Delhi which deprives the advocates from other parts of the country to deal with the matters entrusted to the Tribunals. It is also expensive for the litigants to engage professional services in Delhi, which is out of capacity for a large section of the society. In fact, because of housing scarcity and expensive professional services, it will be open to the Government/legislature to shift the principal benches of the certain Tribunals outside Delhi so that concentration of Tribunals in Delhi is minimized which will in turn help the Bar to grow at different places, ensuring affordable administration of justice and resolution of the challenge of scarcity of housing in Delhi."

Most of the Tribunals are located in the capital, although some of them have benches at different cities in India.

Vesting of power only with the NGT Bench at New Delhi is not contemplated anywhere in the statute, even though power is concentrated at New Delhi: Madras HC

In another news, the Madras High Court recently disapproved of a 2017 Central notification, which terms the north zone Bench in Delhi as the Principal Bench.

""Vesting of power only with the Bench at New Delhi is not contemplated anywhere in the statute, eventhough power is concentrated at New Delhi. The jurisdiction of every bench has been distinctly given and it is only to enable the citizens to approach the Forum constituted in their zone and not to make the citizens to travel to New Delhi spending huge amount which is not possible for every citizen for each and every issue. If such a procedure is adopted, it would amount to denying access to justice as is being done in other matters. Every effort is being taken to deliver justice at the door steps of citizens. Grama Nyayalayas are sought to be established to deliver justice to rural people in a quick and easy manner. That is the reason why Courts are being established at every taluk level. It is extended upto High Court level by establishment of Benches for the convenience of local public. People are expecting justice delivery at their door steps to be extended upto the highest level. The very purpose of establishing the Benches of the Tribunal in each zone is to decide the issues arising out of the specified States. There is no Pan India concept available in the statute..", Justice N. Kirubakaran had observed in the order.

Idea of Separate Bench Of SC Outside Delhi

It may be relevant to note that the Law Minister in Parliament had stated that the idea of a separate Bench of Supreme Court outside Delhi has not found favour with the Supreme Court of India.

"Representations have been received from time to time from various quarters for establishment of Benches of Supreme Court in various parts of the country. The Law Commission, in its 229th Report had also suggested that a Constitutional Bench be set up at Delhi and four Cassation Benches be set up in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and the Western region at Mumbai.", he had stated.

Dr. AR. Lakshmanan, the then chairman of Law Commission, had mooted the need for division of the Supreme Court into a Constitution Bench at Delhi and Cassation Benches in four regions at Delhi, Chennai/Hyderabad, Kolkata and Mumbai.

"We are today also in dire search for solution for the unbearable load of arrears under which our Supreme Court is functioning as well as 6 the unbearable cost of litigation for those living in far-flung areas of the country. The agonies of a litigant coming to New Delhi from distant places like Chennai, Thiruvananthapuram, Puducherry in the South, Gujarat, Maharashtra, Goa in the West, Assam or other States in the East to attend a case in the Supreme Court can be imagined; huge amount is spent on travel; bringing one's own lawyer who has handled the matter in the High Court adds to the cost; adjournment becomes prohibitive; costs get multiplied.", he had stated in the report to then Law minister.

Also from the judgment:

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years

'Excludes Young Successful Advocates; Arbitrary & Discriminatory' : Supreme Court Strikes Down Minimum Age Limit Of 50 Years For Appointment  

Fill Up Vacancies In Tribunals Without Delay: Supreme Court Directs Centre

Judicial Independence Can Be Sustained Only When Incumbents Are Assured Fair Service Conditions, Security Of Tenure : Supreme Court

Case: Madras Bar Association vs. Union of India [WPC 502 of 2021]
Coram: Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat
Citation: LL 2021 SC 296

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