The Department Related Standing Committee of Parliament on Law and Justice has reiterated its earlier recommendations for establishing Regional Benches of the Supreme Court of India in terms of Article 130 of the Constitution, which reads:
“The Supreme Court sits in Delhi. It can, however, meet in any other place as the Chief Justice may, with the approval of the President.”
Earlier, based on the recommendations of the Standing Committee, the Union Government in the Ministry of Law and Justice had taken up the matter with the Supreme Court, which the Chief Justice of India rejected.
Disagreeing with the Supreme Court, the Standing Committee felt that the Constitution of India is a living document and resilient enough to accommodate the public demands arising out in a changed milieu in view of the provisions under Article 130. The Standing Committee quoted the Law Commission of India in its 229th Report having favoured the establishment of Regional Benches of the Supreme Court.
Added to this, the Standing Committee feels that unwillingness towards establishment of the Regional Benches of the Supreme Court cannot be justified on the grounds that it would attract a cumbersome process of Constitutional amendment and endanger national unity. The stand that Supreme Court represents national symbol and a unifying force remains intact even if the Regional Benches of the Court are set up as there are High Courts, which have jurisdiction over more than one State. The Committee strongly feels that it does not play any divisive role.
In the light of the Supreme Court’s rejection of the Government of India proposal for setting up of its Regional Benches, the Ministry of Law and Justice in the Action Taken Report on its Demands for Grants for 2012-13 has stated that “it would involve cumbersome process of Constitutional amendment as unlike the High Courts which can be easily identified with the regions or States where they are located, the Supreme Court of India represents national symbol. It is the single court identified with the country. It is a unifying force where regionalism of other divisive elements has no role to play. Having a Permanent Bench of the Supreme Court in other part could easily disturb this and lead to various divisive elements creeping into the system. It could impair the unity and integrity of the court and its importance.”
Presently, long distance travel expenses, accommodation problem and high litigation costs deter people of distant regions from accessing their pursuit of justice at the highest level.
Well, whatever it be, in the scheme of the Constitution of India and the rule of law based system of our democratic governance there under, power of the Government vests in the people of India, who are the sovereign masters of their destiny. Their interests and bonafide aspirations cannot, therefore, be overlooked, much less ignored by any organ of the state or public institution, the apex court included. The possibility of setting up of Regional Benches of the Supreme Court cannot be ruled out in future in order to make justice at the highest level accessible to the people from far flung areas in their own regions to meet the requirements of equity and fair-play.!
Writer M.Y.Siddiqui is Former Director Public Relations for Ministry of Law & justice and Railways.
