The Law Minister Arjun Ram Meghwal on Friday told the Parliament that the government is not considering setting up regional benches for the Supreme Court as the top court has time and again taken the view that there is no need for regional benches and the matter is pending before a Constitutional Bench.
This came two days after the parliamentary standing committee said that the Centre approved its recommendation for setting up regional benches of the top court.
While answering a question on the government's take on a proposal by Parliament's standing committee on Law and Personnel to set up regional benches of apex court outside Delhi, Meghwal said that the top court does not feel there is a need for regional benches and the matter is sub-judice. On Wednesday, the standing committee had said the Centre accepted its recommendation for setting up regional benches of the top court.
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The law minister said that the Eleventh Law Commission in its 125th Report titled “The Supreme Court - A Fresh Look”, submitted in 1988, reiterated the recommendations made by Tenth Law Commission in its 95th Report for splitting the Supreme Court into two namely (i) Constitutional Court at Delhi and (ii) Court of appeal or Federal Court sitting in North, South, East, West and Central India.
He further quoted the Eighteenth Law Commission's 229th Report submitted in 2009 and said that it 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, Southern region at
Chennai/Hyderabad, Eastern region at Kolkata and Western region at Mumbai.
"The matter was referred to the Chief Justice of India, who was informed that after consideration of the matter, the Full Court in its meeting held on 18th February, 2010, found no justification for setting up benches of the Supreme Court outside Delhi. The Chief Justice of India had earlier conveyed similar views in August, 2007." Meghwal said.
The minister further said that under the Article 130 of the Constitution, the Supreme Court can sit in Delhi or such other places, as the Chief Justice of India may, with the approval of the President, from time to time, allow.
The parliamentary committee's report had earlier said that the demand for regional benches of the Supreme Court is about having 'access to justice,' which is a fundamental right in the Indian Constitution. The committee further suggested that the regional benches could ease the caseload of the judiciary and help reduce the litigation cost to the common man.
In the past the top court has time and again rejected the proposal for setting up regional benches outside Delhi.
In 2016, the apex court referred to a Constitutional Bench a writ petition that sought a National Court of Appeal in cities like Kolkata, Mumbai and Chennai. The matter is pending before the top court.