GS2 (Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government)
According to some experts, SC has been unable to focus on matters of constitutional importance due to regular functioning. For what reasons does India need a National Court of Appeal? Critically examine the pros and cons of having a National Court of Appeal.
Best answer
Bhavika wrote the best answer for this question and got a score of 4.5/10 (if the best answer is an image, it cannot be uploaded here, hence scroll down to see those). The answer is being reproduced below for everyone’s convenience. Of course these answers can always be improved. (Best answer of a particular only involves those given on that day, later answers may not have been checked)
Currently the Supreme court is the court of appeal for all 24 High courts of the country which has led to the huge case pendency & backlogs also leads to difficulties for a common man.It is in this context that the idea of NCA with regional or zonal courts of appeal is mooted.
NEED-
1. people have to face both physical and financial difficulties to travel & stay in New delhi.
2. almost all cases from HCs arrive to SC for appeal which leads to erosion of authority of HCs & inablity of SC to concentrate on determining only fundamental questions of constitutional importance.
PROS-
1. access to justice due to geographical proximity
2. speedy & efficient delivery of justice
3. increase in powers & authority of regional courts
4. save time and expertise
CONS-
1. require an amendment in Article 130 of the Constitution which is impermissible as this would change the constitution of the Supreme Court completely.
2.dilute constitutional superiority of SC
3. conflict between courts on the question of jurisdiction
4. lack of competent human resource
5. dire need is not presented by the states or political class
WAY FORWARD-
1. arbitration centres and lok adalats
2. strengthen subordinate judiciary (high courts)
3. The challenges to orders of tribunals must only be allowed to be entertained by Division Benches of High Courts and not directly to the Supreme Court.
Thus we need to strategize and reconfigure our existing judicial hierarchy to the rising challenges before adding a new layer to it.
