Central idea

The article discusses the challenges faced by the Supreme Court of India, the historical proposals for structural changes, and the recent proposal to create Constitution Benches as a permanent feature. It explores the need for regional benches to alleviate the overwhelming caseload and enhance the court’s efficiency, considering historical recommendations and current demands for reform.

Jurisdictions of the Supreme Court:

• Original, appellate, and advisory jurisdictions under the Constitution.
• Functions as a Constitutional Court and Court of Appeal.

Composition of Constitution Benches:

• Typically comprise five, seven, or nine judges.
• Deliberate on issues related to constitutional law.
• Article 145(3) mandates a minimum of five judges for substantial constitutional questions.

Broad Jurisdiction of the Supreme Court:

• Hears cases in Division Benches (two judges) or full Benches (three judges).
• Addresses diverse topics, from film prohibitions to allegations against public officials.
• Notable instances of entertaining frivolous public interest litigations.

Current Caseload and Need for Structural Change:

• 79,813 pending cases before 34 judges, prompting calls for structural reforms.
• CJI D.Y. Chandrachud’s recent announcement on establishing varied-strength Constitution Benches permanently.

Historical Proposals for Structural Change:

• Tenth Law Commission (1984) proposed splitting the Supreme Court into Constitutional and Legal Divisions.
• Eleventh Law Commission (1988) reiterated the need for division, aiming at wider justice availability.
• Bihar Legal Support Society v. Chief Justice of India (1986) expressed the “desirability” of a National Court of Appeal.
• 229th Law Commission Report (2009) recommended regional benches for non-constitutional issues.

Colonial Legacy and Evolution of the Supreme Court:

• Three Supreme Courts during colonial times (Bombay, Calcutta, Madras).
• Indian High Courts Act of 1861 replaced Supreme Courts with High Courts.
• Government of India Act, 1935, created the Federal Court of India.
• The Supreme Court, established on January 28, 1950, under Article 124 of the Constitution.

Increasing Judges and Overburdened Court:

• Evolution of the Supreme Court from eight judges in 1950 to 34 in 2019.
• Overburdened court issuing around 8-10 decisions yearly through Constitution Benches.
• Only four out of 1,263 decisions in 2022 from Constitution Benches.

Critical Analysis:

• Overburdened Judiciary: High number of pending cases (79,813) indicates the burden on the Supreme Court. The overwhelming workload affects the efficiency of the court in delivering timely justice.
• Historical Proposals: Historical proposals, like the Tenth Law Commission’s suggestion in 1984, proposed splitting the Supreme Court into Constitutional and Legal Divisions.The aim was to make justice more accessible and reduce litigants’ fees.
• Regional Benches Proposal: The 229th Law Commission Report (2009) recommended establishing regional benches to hear non-constitutional issues. The proposal aimed to decentralize workload and allow the Supreme Court to focus on constitutional matters.
• Historical Background: Evolution of the Supreme Court from colonial times with the creation of regional Supreme Courts. Transformation from three Supreme Courts (Bombay, Calcutta, Madras) to the current centralized structure.

Key Examples and References:

• Bihar Legal Support Society v. Chief Justice of India (1986) suggested establishing a National Court of Appeal.
• The 229th Law Commission Report (2009) recommended regional benches.

Key Facts:

• The Court sits in benches of varying sizes, as determined by the Registry on the directions of the Chief Justice of India (CJI), who is the Master of the Roster
• The Supreme Court was founded on January 28, 1950, under Article 124 of the Constitution.
• Workforce increased from 8 judges in 1950 to 34 judges in 2019 due to rising caseload.

Way Forward:

• Suggestion to split the Supreme Court into a Final Court of Appeal and a permanent Constitution Bench.
• A Constitution Bench (V. Vasanthkumar v. H.C. Bhatia) analyzing and proposing measures to protect citizens’ access to the Supreme Court.
• Opportunity to address structural gaps by designating appeal benches as regional benches under CJI’s guidance.

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