Proposal for division of supreme court into a constitution court and four appeal courts in India

LawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article Commission Of IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Report No. 229 – 5 Aug 2009

Need for Division of the Supreme Court into a ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more Bench at Delhi and Cassation Benches in Four Regions at Delhi, Chennai/Hyderabad, KolkataKolkata Police Stations:  i. Shyampukur P.S. ii. Jorabagan P.S. iii. Burtolla P.S. iv. Burrabazar P.S. v. Posta P.S. vi. Jorasanko P.S. vii. Girish Park P.S. viii. Amherst Street P.S. ix. Hare Street P.S. x. Bowbazar P.S. xi. Muchipara P.S. xii. Taltala P.S. xiii. New Market P.S. xiv. Park Street P.S. xv. Shakespeare Sarani P.S. xvi. Hastings P.S. xvii. Maidan P.S. xviii. North Port P.S. xix. South Post P.S. xx. West Port P.S. and Mumbai

Forwarded to the Union Minister of Law and JusticeJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία), Ministry of Law and Justice, GovernmentGovernment HM Govt consists of the Prime Minister, their Cabinet, and junior ministers, supported by the teams of non-political civil servants that work in government departments. The American Federal Government consists of the Legislative, Executive, and Judicial branches. of India by Dr. Justice AR. Lakshmanan Chairman, Law Commission of India, on 5 August, 2009.

Dr. Justice AR. Lakshmanan
Former Judge, Supreme Court of IndiaArticle 124 of the Constitution of India Constitution of India > 124. Supreme Court (1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges. (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal and shall hold office until he attains the age of sixty-five years: Provided that-- (a) a Judge may, by writing under his hand addressed to the President, resign his office (b) a Judge may be removed from his office in the manner provided in clause (4). (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide. (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and-- (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehavior or incapacity. (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehavior or incapacity of a Judge under clause (4): (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.
Chairman, Law Commission of India
ILI Building (IInd Floor),
Bhagwandas Road,
New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of  Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi. – 110 001

5 August, 2009

D.O. No. 6(3)/166 /2009-LC (LS)

Dear Dr Veerappa Moily ji,

Subject: 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

I am forwarding herewith the 229th Report of the Law Commission of India on the above subject.

2- Constitutional adjudication or determination of constitutional controversies by the Supreme Court has its own importance. This includes the authority to rule on whether or not laws that are challenged are in factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. unconstitutional. All sorts of facts and their consequences, and the values we attach to them, questions of economics, politicsPolitics The art of controlling people and land grabbing. Political Documents. Books: The New Testament, Quran, Mahabharat, The Communist Manifesto. Men: Chanakya, John Locke, Karl Marx, Henry David Thoreau, Mussolini, Lenin, Ben Rhodes. Ideas:  Roman Inquisition, Democracy, Socialism, Hindutva, Zionism, Islamic fundamentalism. Classical: Plato, Aristotle, Mahabharata, social policies etc. going beyond purely legal disputes, are for determination by the Court.

3. As constitutional adjudication occupies a place of its own, it always meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. consideration as to whether there should be a separate constitutional courtConstitutional Court A Constitutional Court is responsible for verifying compliance with the provisions of the Constitution. In its capacity as a “court of fundamental rights” and based on its powers to review laws and regulations for their constitutionality, it is called upon to enforce and secure the democratic order of the state under the rule of law. All government bodies and other institutions fulfilling government functions are obliged to comply with the Constitution. In the event of an (alleged) infringement of the Constitution by any such body or institution, the Constitutional Court, established based on the Constitution, renders a final decision on the matter and, if necessary, provides for an appropriate remedy. Therefore, it is often referred to as the “guardian of the Constitution”., as is the position in about 55 countriesCountries A Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan B Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam Bulgaria Burkina Faso Burundi C Cambodia Cameroon Canada Chile China Colombia Comoros Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic D Denmark Djibouti Dominica Dominican Republic E Ecuador Egypt El Salvador Eritrea Estonia Ethiopia F Fiji Finland France G Gambia Georgia Germany Ghana Greece Grenada Guatemala Guyana H Haiti Honduras Hungary I Iceland India Indonesia Iran Ireland Israel Italy J Jamaica Japan K Kenya L Latvia Lesotho Liberia Liechtenstein Lithuania Luxembourg M Macedonia Malawi Malaysia Malta Marshall Islands Mauritania Mauritius Mexico Moldova Mozambique N Namibia New Zealand Nigeria Norway P Pakistan Palau Panama Peru Poland Portugal R Republic of Congo Russia S Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines São Tomé and Príncipe Senegal Serbia Sierra Leone Singapore Slovenia Slovakia South Africa Spain Sri Lanka Swaziland (Eswatini) Sweden Switzerland Syria T Taiwan Tanzania The Netherlands The Philippines The Republic of Korea (South Korea) The United Kingdom The United States of America Timor Togo Trinidad and Tobago Tunisia Turkey U Uganda Ukraine Uruguay Uzbekistan V Vanuatu Vietnam Z Zambia Zimbabwe of the worldWorld Κόσμος (Austria established the world’s first separate constitutional court in 1920), or at least the Supreme Court should have a Constitutional Division. Many continental countries have constitutional courts as well as final courts of appeal called courts of cassation (Cour de Cassation in French) for adjudication of non-constitutional matters. A court of cassation is the judicial court of last resort and has powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour. to quash (casser in French) or reverse decisions of the inferior courts.

4- We are today also in dire searchSearch Google SEO: Meaning> Relevance> Quality> Usability> Context for solution for the unbearable load of arrears under which our Supreme Court is functioning as well as 6the 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 matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” in the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. adds to the cost; adjournment becomes prohibitive; costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. get multiplied.

5- Whether the Supreme Court should be split into Constitutional Division and Legal Division for appeals, the latter with Benches in four regions – North, South, East and West, is a subject of fundamental importance for the judicial system of the country. This Report considers the question as to whether there is need for creating a Constitutional Court or Division in our Supreme Court that shall exclusively deal with matters of constitutional law and four Cassation Benches one each in the four regions.

6- We suo motu took up the subject for consideration and have recommended that a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues 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 to deal with all appellate work arising out of the orders/judgments of the High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. of the particular region.

With warm regards,

Yours sincerely,
Dr. AR. Lakshmanan

Dr M. Veerappa Moily,
Union Minister of Law and Justice,
Government of India,
Shastri Bhawan,
New Delhi – 110 001.

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

I. Introduction

1.1 Ever since the High Courts were founded in 1860, they were the highest courts of appeal in each province (in the Chief Commissioners’ Provinces the Judicial Commissioner’s Courts were the highest courts of appellate jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.) and an appeal lay from them to the Privy Council in EnglandEngland 47 boroughs, 36 counties, 29 London boroughs, 12 cities and boroughs, 10 districts, 12 cities, 3 royal boroughs boroughs: Barnsley, Blackburn with Darwen, Blackpool, Bolton, Bournemouth, Bracknell Forest, Brighton and Hove, Bury, Calderdale, Darlington, Doncaster, Dudley, Gateshead, Halton, Hartlepool, Kirklees, Knowsley, Luton, Medway, Middlesbrough, Milton Keynes, North Tyneside, Oldham, Poole, Reading, Redcar and Cleveland, Rochdale, Rotherham, Sandwell, Sefton, Slough, Solihull, Southend-on-Sea, South Tyneside, St. Helens, Stockport, Stockton-on-Tees, Swindon, Tameside, Thurrock, Torbay, Trafford, Walsall, Warrington, Wigan, Wirral, Wolverhampton counties (or unitary authorities): Bedfordshire, Buckinghamshire, Cambridgeshire, Cheshire, Cornwall, Cumbria, Derbyshire, Devon, Dorset, Durham, East Sussex, Essex, Gloucestershire, Hampshire, Herefordshire, Hertfordshire, Isle of Wight, Kent, Lancashire, Leicestershire, Lincolnshire, Norfolk, North Yorkshire, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Shropshire, Somerset, Staffordshire, Suffolk, Surrey, Warwickshire, West Sussex, Wiltshire, Worcestershire. The Government of India Act 1935 created the Federal Court of India with an original jurisdiction in disputes between the provinces inter se and between the provinces and the federation. The Federal Court had jurisdiction only in constitutional matters, but the federal legislature could confer on the court the power to hear appeals in civil matters decided by the High Courts. The jurisdiction of the Privy Council was abolished by the Abolition of the Privy Council Jurisdiction Act 1949, the appeals pending before the Privy Council before October 10, 1949, standing transferred to the Federal Court. Under our Constitution, the Supreme Court of India became the highest court of appealCourt of Appeal It is the highest court within the Senior Courts of England and Wales under the Constitutional Reform Act 2005 (Created in 1875) and deals only with appeals from other courts or tribunals. It is divided into two Divisions, Criminal and Civil, and is based at the Royal Courts of Justice in London (High Court). The judges of the Court of Appeal are the Lord/Lady Chief Justice, the Master of the Rolls, the President of the King’s Bench Division, the President of the Family Division, the Chancellor of the High Court and the Lord and Lady Justices. for the whole of India. Its jurisdiction is wider than that of any Federal Supreme Court. It has original jurisdiction in disputes between the Union and the States, and between the States inter se. It has original jurisdiction under article 32 of the Constitution for the protection of fundamental rights. It is the highest court of civil and criminal appealCriminal Appeal Shankar Kerba Jadhav and others vs. The State of Maharashtra (AIR 1971 SC 840): "An appeal is a creature of a statute and the powers and jurisdiction of the appellate Court must be circumscribed by the words of the statute. At the same time a Court of appeal is a "Court of error" and its normal function is to correct the decision appealed from and its jurisdiction should be co-extensive with that of the trial Court. It cannot and ought not to do something which the trial Court was not competent to do. There does not seem to be any fetter to its power to do what the trial Court could do."; and it has overriding powers to grant special leave to appeal from any judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022), decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India except a court or tribunal constituted by or under any law relating to the Armed Forces. It also has advisory jurisdiction under article 143 of the Constitution.1

1. H.M, Seervai, Constitutional Law of India – A Critical Commentary, 3rd Edn., (1984), Vol. 2, pages 2181-2182.

1.2 Constitutional adjudication or determination of constitutional controversies by the Supreme Court has its own importance. This includes the authority to rule on whether or not laws that are challenged are in fact unconstitutional. All sorts of facts and their consequences, and the values we attach to them, questions of economics, politics, social policies etc. going beyond purely legal disputes, are for determination by the Court.

1.3 As constitutional adjudication occupies a place of its own, it always merits consideration as to whether there should be a separate constitutional court, as is the position in about 55 countries of the world (Austria established the world’s first separate constitutional court in 1920), or at least the Supreme Court should have a Constitutional Division. Many continental countries have constitutional courts as well as final courts of appeal called courts of cassation (Cour de Cassation in French) for adjudication of non-constitutional matters. A court of cassation is the judicial court of last resort and has power to quash (casser in French) or reverse decisions of the inferior courts.1

1. For example, Central African RepublicRepublic Res publica> Δημοκρατίας. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point., Colombia, Egypt, France, Germany, IranIran Jomhuri-ye Islami-ye Īrān | Sanskrit Arya > Ayryanem> Constitution | Ostanha (provinces-31) : Shahrestan (Countries-429): Bakhsh (District-1057). Capital: Tehran | Official language: Persian/Farsi. Islamic Revolution in 1979. Ostanha Arabistan (Khuzestan) Astarabad (Gorgan) Damavand Gerrus (Bijar) Gilan Golpayegan Hamadan Iraq (Arak) Isfahan Kashan Khamseh (Zanjan) Kermanshahan (Kermanshah) Kurdistan Luristan Malayer Mazandaran Qazvin Qom Saveh Semnan and Damghan Shahrud and Bastam Yazd, Italy, Myanmar, RussiaRussia Main Cities:  Moscow Saint Petersburg Novosibirsk Yekaterinburg Nizhniy Novgorod Samara Omsk Kazan Rostov-na-Donu Chelyabinsk Ufa Volgograd Perm Krasnoyarsk Saratov Voronezh Tol'yatti Krasnodar Ulyanovsk Izhevsk Yaroslavl Barnaul Vladivostok Irkutsk Khabarovsk Khabarovsk Vtoroy Orenburg Novokuznetsk Ryazan' Tyumen Lipetsk Penza Naberezhnyye Chelny Kalininskiy Astrakhan Makhachkala Tomsk Kemerovo Tula Kirov Cheboksary Kaliningrad Bryansk Ivanovo Magnitogorsk Kursk Tver Nizhny Tagil Stavropol' Ulan-Ude Arkhangel'sk Belgorod Kurgan Kaluga Krasnogvargeisky Sochi Orel Volzhskiy Smolensk Murmansk Vladikavkaz Cherepovets Vologda Vladimir Chita Saransk Surgut Tambov Yoshkar-Ola Taganrog, South AfricaAfrica Eastern Africa Burundi Comoros Djibouti Eritrea Ethiopia Kenya Madagascar Malawi Mauritius Mayotte Mozambique Réunion Rwanda Seychelles Somalia South Sudan Tanzania Uganda Zambia Zimbabwe Middle Africa Angola Cameroon Central African Republic Chad Congo Democratic Republic of the Congo Equatorial Guinea Gabon São Tomé e Príncipe Northern Africa Algeria Egypt Libya Morocco Sudan Tunisia Western Sahara Southern Africa Botswana Eswatini Lesotho Namibia South Africa Western Africa Benin Burkina Faso Cape Verde Islands Côte d’Ivoire Gambia Ghana Guinea Guinea-Bissau Liberia Mali Mauritania Niger Nigeria Saint Helena Senegal Sierra Leone Togo.

1.4 We are today in dire search for solution for the unbearable load of arrears under which our Supreme Court is functioning as well as 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.

1.5 Whether the Supreme Court should be split into Constitutional Division and Legal Division for appeals, the latter with Benches in four regions – North, South, East and West, is a subject of fundamental importance for the judicial system of the country. This Report considers the question as to whether there is need for creating a Constitutional Court or Division in our Supreme Court that shall exclusively deal with matters of constitutional law and four Cassation Benches one each in the four regions.

II. Recommendations And Views Expressed

2.1 The tenth Law Commission in its 95th Report titled “Constitutional Division within the Supreme Court – A proposal for”, submitted in 1984, recommended that the Supreme Court of India should consist of two Divisions, namely, (a) Constitutional Division, and (b) Legal Division. The proposed Constitutional Division of the Supreme Court should be entrusted with matters of constitutional law,i.e., every case involving a substantial question of law as to the interpretation of the Constitution or an order or rule issued under the Constitution and every other case involving a question of constitutional law. Other matters coming to the Supreme Court will be assigned to its Legal Division. It was further recommended that judges appointed to the Supreme Court would, from the very beginning, be appointed to a particular division. For effecting these recommendations, it was opined in the said Report, amendment of the Constitution would be necessary; ordinary legislation,vide article 246(1) read with Entry 77 of the Union List or statutory rules,vide article 145 of the Constitution would not be adequate.

2.2 It may be noted that the tenth Law Commission had also considered the question as to whether there should be created a Constitutional Court to decide constitutional questions, instead of a Constitutional Division, but keeping in view that creation of a separate Court for dealing with constitutional issues would involve structural changes of a more extensive and complex character than those that would be necessitated by a proposal for creating, within the Supreme Court as structured at present, separate divisions for dealing with constitutional 12and non-constitutional matters, as well as an overwhelming opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. in favour of a Constitutional Division, the Commission did not pursue the idea of creating a Constitutional Court.

2.3 The eleventh Law Commission in its 125th Report titled “The Supreme Court – A Fresh Look”, submitted in 1988, reiterated the above recommendation for splitting the Supreme Court into two and gave an additional reason for the same. The Commission stated the additional reason in paragraph 4.17 of the said Report as under:

“The Supreme Court sits at Delhi alone. Government of India, on couple of occasions, sought the opinion of the Supreme Court of India for setting up a Bench in the South. This proposal did not find favour with the Supreme Court. The result is that those coming from distant places like Tamil Nadu in the South, Gujarat in the West and Assam and other States in the East have to spend huge amount on travel to reach the Supreme Court. There is a practice of bringing one’s own lawyer who has handled the matter in the High Court to the Supreme Court. That adds to the cost. And an adjournment becomes prohibitive. Adjournment is a recurrent phenomenon in the Court. Costs get multiplied. Now if the Supreme Court is split into Constitutional Court and Court of Appeal or a Federal Court of Appeal, no serious exception could be taken to the Federal Court of Appeal sitting in Benches in places North, South, East, West and Central India. That would not only considerably reduce costs but also the litigant will have the advantage of his case being argued by the same advocate who has helped him in the High Court and who may not be required to travel to long distances. Whenever questions of constitutionality occur, as pointed out in that report1, the Supreme Court can sit en banc at Delhi and deal with the same. This cost benefit ratio is an additional but important reason for reiterating support to the recommendations made in that report.1

1. 95th Report of the Law Commission of India.

2.4 The problem of delay in trial and disposal of cases and consequent pendency of cases in the apex court and the courts subordinate has been a matter of great concern, debate, discussion and criticism. The Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 28th Report dealing with the Supreme Court (NumberNumber Αριθμός of Judges) Amendment Bill 2008 has noted thus:

“The Committee has felt that inordinate delay in delivering justice to the peopleMen Ανθρωποι (People), a woman (γυναίκα), Man (Ανδρας) > Adama, Manu > No proof to establish that due to mutation a monkey turned into a human being. defeats the very purpose of the judiciaryJudiciary The modern justice system has its roots in Henry II's reign, where the assize system and common law were established. Professional judges and magistrates started to emerge in the 13th century, gradually increasing their independence. However, they faced challenges, including political involvement and potential influence by the sovereign. Changes to the judiciary system, such as the establishment of the Court of Chancery in 1830 and the Judicature Act in 1873, merged common law and equity, leading to the creation of the High Court, Court of Appeal, and Crown Court. Despite this evolution, the judiciary's full independence was not officially recognized until the Constitutional Reform Act in 2005. as an institution. The magnitude of the problem of the pendency of cases in various levels in the judiciary must be understood in the context that the people resort to judicial remedy as a last resort for the redressal of their grievances and to get justice. This is so because people have reposed their ultimate faithFaith  πίστει. and trustTrust It originated and was reduced to practice under the jurisdiction of courts by the civil law, was expanded and developed in the courts of chancery, and has been employed in nearly every field of human activity. The fundamental nature of a trust is the division of title, with the trustee being the holder of legal title and the beneficiary that of equitable title. By definition, the creation of a trust must involve a conveyance of property. > Trust Deed ∫ Having trust/faith/confidence in something in the judicial system above the legislature and executive. In this context pendency of cases hits the common man, seeking justice, the hardest. Perhaps, that is the reason that it is said justice delayed is justice denied. However, in spite of the various measures taken by the Government and the judiciary itself, it is a matter of serious concern that the pendency or arrears of cases has been increasing steadily over the years bringing the judicial system as a whole to near stagnation. Further, the pendency of cases in the Supreme Court is very reflective of the delays in the judicial system, thus, a cause of extreme concern requiring immediate remedial steps.”

2.5 The background note of the Department of Justice on the Bill for increasing number of Supreme Court Judges presented before the Standing Committee stated:

“The Chief Justice of India has informed that there were 41,078 cases pending in the Supreme Court as on 01.03.2007 and the Judges feel over-burdened and have been working under acute work pressure. He has further stated that despite satisfactory high rate of disposal, pendency of cases in the Supreme Court has constantly been on the rise due to comparatively higher rate of institution of cases. Pendency of cases in the courts could be 14directly ascribed to complex factors, with inadequate judge strength coming at the top”.

2.6 What has been stated before the Standing Committee is amply provedProved A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; by the fact that in 1950, there were 1,215 cases which were instituted (1,037 admission matters and 178 regularRegular Regulated by Christian law and practices, the opposite meaning of Secular. A regulated government accepts Vaticanism, the control under the papal monarchy. A secular government is free from papal intervention. matters). The disposal rate was 525 (491 admission matters and 34 regular matters) and pendency of cases at the end of the year was 690 (546 admission cases and 144 regular cases). Therefore, as against 1,215 institutions, the disposal of cases was 690 and the number of Judges was 7. In successive years, the number of Judges rose from 7 in 1950 to 10 in 1956, 13 in 1960, 17 in 1977 and 25 in 1986 and now the strength of Judges in 2009 is 30, excluding the Chief Justice of India. The total number of institution of cases from January to April in the year 2008 was 28,007 and the disposal of cases was 28,559,i.e., 552 cases above the institution of cases. Yet the pendency of cases remained as 46,374. This clearly shows that pendency of cases as accumulated over the years has also been carried forward. In three years notably,i.e., 1989, 1990 and 1991 the pendency-figure crossed over one lakh. The complete chart of institution, disposal and pendency of cases in the Supreme Court from the year 1950 to April, 2008 is at Appendix.

2.7 The said chart demonstrates that increase in number of Judges in the apex court does not result in reduction of pending cases. It is, therefore, clear that there are reasons other than the inadequacy of judge strength which are responsible for accumulation of undecided cases in the Supreme Court.

2.8 An important factor which needs to be kept in view is that in India, according to the Law Commission’s 120th Report titled “Manpower Planning in Judiciary: A Blueprint”, submitted in 1987, the ratio between judges and population is 10.5 judges per millionMillion 1,000,000 (one followed by six zeros), One billion (1,000,000,000) means a thousand million or one followed by nine zeros. A trillion (1,000,000,000,000) (Shri Justice S. P. Bharucha, a former Chief Justice of India, in his Law Day address in 2001 stated this figure to be 12 or 13), whereas it is 107 per million in USA, 75.2 per million in Canada, 50.9 per million in U.K. and 41.6 per million in Australia.
2.9 It is, therefore, evident that the ratio between judges and population is hopelessly low in our country. The same is apparent in the apex court as well since the Judges were 25 and the institution of cases was 28,007 cases in January-April 2008. The ratio works out to 1: 112.
The figure given above is of institution of new cases only. If the pending arrears of 46,374 are taken into account, the ratio will be 1: 1855.

2.10 Therefore, it is argued that the bench-strength of the Supreme Court should be increased drastically to cover the backlog of pending cases and to promote future developmental programmes in the judiciary and thereby minimize delays in the justice-delivery system and promote speedy justice which is the avowed goalAim ambition aspiration course desideratum design desire direction end intent intent/intention intention mark object objective plan purpose scheme target where one is heading wish of the Constitution. But it is equally effectively argued that mere increase in number of Judges might not help improve the system.

2.11 Dr. P. C. AlexanderAlexander No primary and secondary sources on Alexander are available. Eskandar Nama (Greek text 200 BCE), Translated into Syriac and Pahlavi in Sasanian period. The story is also available in Zoroastrian Tradition, he is mentioned asgujastak / evil ( who killed the Iranian priests and ordered the books of Zoroastrianism, Avesta, to be burned, even mentioned in the Book of Arda Wiraz). He was the son (illicit union) of the Egyptian Pharaoh Nectanebos and Philip of Macedon’s wife Olympias. He was a King of Rum. He died in Babylon (he made it his capital) and was buried in Alexandria, Egypt. He defeated Darius III, Codomannus, and conquered the Achaemenid Empire. Tertiary sources on Alexander: Diodorus of Sicily and Curtius Rufus, Arrian, and Plutarch (Plutarch, Alexander 5.1-3 (356-323 BCE), former Governor of Tamil Nadu and Maharashtra and Member of Parliament, has thrown considerable light on 16the malaise that ails the judicial system. In his article “Justice is pending” published in The Asian Age5 Dr. Alexander has stated:

“No doubt, increasing the number of judges, promptness in filling up the vacancies and improving working facilities are all very important for the efficiency of the judicial system, but these alone cannot be an adequate solution to the pendency problem. There are many measures which the judiciary can take without waiting for additional financial support from the government, but very little effective action has been taken on these by the judiciary and they continue to cause delays in the disposal of cases. They include laxity shown by the courts in matters like production of witnesses on the dates posted for their examination, granting requests for adjournments of cases without good reasons, inordinate delays in giving copies of documentsDocument It means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. (Bharatiya Sakshya Adhiniyam 2023), allowing lengthy argumentsArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. by the advocates, and the practice of judges themselves writing unnecessarily long judgments.

The liberal attitude of the courts in entertaining appeals from the lower courts has also contributed to the steady increase in the backlog. Those who have the financial resources go on appeal on the decisions of the lower courts to the next higher court, and finally to the Supreme Court, even when no interpretation of the law may be involved. When the accused are influential politicians or rich businessmen, the cases can go on endlessly, bringing down in this process the reputation of the judicial system itself. If appeals can be limited to a small number, say one or two, depending on the nature of the crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor., it can help a great deal in reducing pendency.

The practice of some judges in delaying the delivery of judgments for several months, and in certain cases, even till they retire from service, has been another cause of delayed justice. Though a maximum timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ limit of one month has been considered reasonable for the delivery of judgment, there is no mechanism for enforcement of any time limit, and this malpractice on the part of some judges thus goes on unchecked. Again, no serious attempts are being made by the judiciary to make use of the provisions in the Constitution for engaging the services of retired judges both at the Supreme Court and at the High Courts for temporary periods for help in clearing the backlog of cases. It appears that retired judges are reluctant to serve in this capacity as they consider such service not befitting their status. There is no reason why this issue cannot be sorted out to the satisfaction of the retired judges, but the judiciary does not appear to be very keen about resorting to these Constitutional provisions.”

2.12 We have tried some of the above-mentioned measures for the last 59 years of the functioning of the judicial system in our country. The result appears to be far from satisfactory. Time has come when the entire judicial set-up will have to be overhauled and refurbished in order to make the goal of speedy justice a pulsating reality. It is quite often argued that the present pattern of working of the Supreme Court needs to be revised if any success in this direction is to be achieved. The indiscriminate acceptance of appeals on trivial issues of facts by the Supreme Court quite often overloads itself. In fact, only important issues need be litigated in the Supreme Court. Also, the present situation makes the Supreme Court inaccessible to a majority of people in the country.

2.13 In this context, it may be noted that in its 2nd (2004), 6th (2005) and 15th (2006) Reports the Parliamentary Standing Committee on Law and Justice has repeatedly suggested that in order to promote speedy justice available to the common man, benches of the Supreme Court have to be established in the Southern, Western and North-Eastern parts of the country. In its 20th (2007), 26th (2008) and 28th (2008) Reports, the Standing Committee suggested that a bench of the Supreme Court should be established at least in Chennai on trial basis as this would be of immense help to the poor who cannot travel from their native places to 18Delhi. Despite these Reports, the Hon’ble Supreme Court has so far not agreed with the suggestion regarding setting up of its benches.

2.14 Paragraph 8.36 of the aforesaid 15th Report reads as under:

“The Committee is not satisfied with the persistent opposition for establishing benches of the Supreme Court in other parts of the country without giving any convincing reasons or justification thereof. The Committee, therefore, endorses its earlier view that establishment of benches of the Supreme Court in other parts of the country would be of immense help to the poor who can not afford to travel from their native places to Delhi. The Committee, therefore, feels that the Ministry should come forward with a necessary Constitutional amendment to address this deadlock.”

2.15 Again, in paragraph 6.8 of the 28th Report of the Standing Committee, the same view has been reiterated in the following words:

“The Committee in its Second, Sixth, Fifteenth, Twentieth and Twenty-sixth Reports on the Demands for Grants of the Ministry of Law and Justice has impressed upon for setting up of benches of the Supreme Court in Southern, Western and Eastern parts of the country. The Committee’s recommendation rests on the premise that it is not possible for the people living in far-flung and remote areas to come to the National Capital for seeking justice for various reasons. The Committee reiterates this recommendation.”

III. Benches Under Article 130 Of The Constitution

Cassation Benches in four zones

3.1 A feasible, workable and efficient system of judicial administration could be established if India were to be divided into four zones/regions, namely,

(I) Northern Zone – Bench to be established in Delhi dealing with the litigation of the States of Uttar PradeshUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi  , Uttarakhand, Rajasthan, Punjab, Haryana, Madhya Pradesh, Chhattisgarh, Himachal Pradesh, Jammu and Kashmir, the National Capital Territory of Delhi and the Union territory of Chandigarh;
(II) Southern Zone – Bench to be established in Chennai/Hyderabad in order to deal with the litigation of the States of Kerala, Tamil Nadu, Andhra Pradesh, Karnataka and the Union territories of Puducherry and Lakshadweep;
(III) Eastern Zone – Bench to be established in Kolkata dealing with the litigation of the States of West BengalWest Bengal Bengal derived its name from Vedic king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Districts North 24 Parganas South 24 Parganas Bankura Birbhum CoochBihar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Jhargram Kalimpong Kolkata Malda Murshidabad Nadia Paschim Burdwan Purba Burdwan Paschim Medinipur Purba Medinipur Purulia Uttar Dinajpur Alipurduar Govt Site Calcutta High Court KMC, BiharBihar 38 Districts > Araria Arwal Aurangabad Banka Begusarai Bhagalpur Bhojpur Buxar Darbhanga Gaya Gopalganj Jamui Jehanabad Kaimur (Bhabua) Katihar Khagaria Kishanganj Lakhisarai Madhepura Madhubani Munger Muzaffarpur Nalanda Nawada Pashchim Champaran Patna Purbi Champaran Purnia Rohtas Saharsa Siwan Supaul Vaishali Samastipur Saran Sheikhpura Sheohar Sitamarhi, Orissa, Jharkhand, Assam and the Northeastern States including Sikkim and the Union territory of Andaman and Nicobar IslandsAndaman and Nicobar Islands Nicobars North And Middle Andaman South Andamans;
(IV) Western Zone – Bench to be established at Mumbai dealing with the litigation of the States of Maharashtra, Gujarat, Goa and the Union territories of Dadra and Nagar Haveli, and Daman and Diu.

3.2 The said Benches shall act as Cassation Benches to deal with appeals from a High Court in the particular region. The apex court could then deal with constitutional issues and other cases of national importance on a day to day basis since the accumulated backlog of cases would go to the respective zones to which they pertain.
Constitution Bench at Delhi

3.3 The apex court would thus be relieved of the backlog of accumulated cases which are causing a burden and continuous strain on the resources of the apex court. Since the accumulated cases pertaining to a particular region would be dealt with by the particular zonal bench, the apex court would be free to deal with only constitutional cases such as interpretation of the Constitution, matters of national importance such as references made by the zonal benches to larger benches due to conflict of authority or any other reason, cases where the interests of more than one State are involved such as interstate disputes on land, electricityElectricity A means of transferring energy from one place to another, generally in a form that is more useful for converting energy into services such as lighting, heating or transport. The means of moving electricity is usually an electric circuit in which an electric charge is made to flow along a closed path, for example within a cable. Use of electricity by consumers to provide energy services does not create greenhouse gas emissions or air pollution at the point of use, although the generation of the electricity may do so., water, etc., references for advisory opinion made under article 143 of the Constitution, references made under article 317 of the Constitution, election petitions concerning Presidential and Vice-Presidential elections, suits between two or more States, etc. This list is merely illustrative and not exhaustive.

3.4 It is also suggested that all public interest litigations (PILs) from any part of India should be decided by the apex Constitution Bench so that there are no contradictory orders issued and also to arrest the mushrooming of cases increasingly.

3.5 The advantage of setting up of benches in the manner aforesaid is that this can be made effective without any delay since the constitution of benches is a matter within the purview and jurisdiction of the Supreme Court itself under the Supreme Court Rules 1966. 1

1. Order VII, Supremem Court Rules, 1966.

3.6 Article 130 of the Constitution providing for the seat of the Supreme Court may now be noted, which is extracted below:
“The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.”

3.7 Article 130 is an enabling provision which empowers the Chief Justice of India, with the approval of the President, to appoint place or places other than Delhi as the seat of the Supreme Court. Article 130 cannot be construed as casting a mandatory obligation on the Chief Justice of India to appoint place or places other than Delhi as the seat of the Supreme Court. No court can give a direction either to the Chief Justice of India or the President to exercise the power under article 130.1

1. Union of India v. S.P. Anand, AIRAIR All India Reporter 1998 SC 2615.

3.8 If article 130 is liberally interpreted, no constitutional amendment may be required for the purpose of setting up of Cassation Benches in four regions and a Constitution Bench at Delhi. Action by the Chief Justice of India with the President’s approval may be enough. It may also be noted that under article 130 the Chief Justice of India acts as a persona designata and is not required to consult any other authority/person. Only Presidential approval is necessary. However, in case this liberal interpretation of article 130 is not feasible, suitable legislation/Constitutional amendment may be enacted to do the needful.
3.9 If the judge-strength of each zonal Cassation Bench is confined to six Judges, then only 24 Judges will be required for all the four zones to 7 Union of India v. S.P. Anand, AIR 1998 SC 2615 constitute Cassation Benches all over India. The other Judges will be available in the apex court, which will have a Constitution Bench at Delhi working on a regular basis.

IV. Conclusion And Recommendation

4.1 The concept of having a Constitution Bench along with a Cassation Bench is nothing new. The democraticDemocracy It is commonly understood as being a political system of majority rule. The evolution of democratic tradition can be traced back to the Magna Carta (1215) and through the long struggle for Parliamentary supremacy which culminated in the English Bill of Rights of 1689, the emergence of representative political institutions in the colonial era, the development of responsible government in the 19th century. In institutional terms, democracy means that each of the provincial legislatures and the federal Parliament is elected by popular vote. These legislatures, are "at the core of the system of representative government". It is a 'power' word. Power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. transition that occurred in many parts of the world in the late 20th century resulted in the proliferation of courts with constitutional adjudication and powers of cassation being exercised simultaneously; there is a blend of functions of judicial reviewJudicial Review It is a court process where a judge examines the legality of a decision made by a public body. It focuses on the decision-making process rather than the actual conclusion. The court does not replace the decision, but ensures the correct procedures were followed. If a decision was deemed incorrect, judicial review may not be the best option. Instead, appealing to a higher court could be an alternative solution. This process allows the public body to make the same decision lawfully. A judge will refuse permission to apply for review unless satisfied that there is an arguable ground for it which has a realistic prospect of success. usually by the constitutional court or constitutional tribunal and also the exercise of powers of cassation. Italy has a Constitutional Court with the sole power of constitutional review and a Supreme Court of Cassation with the power to review the decisions of the ordinary courts for consistency with the law. Egypt also maintains a Court of Cassation that monitors the uniformity of lower court fidelity to the law but only its Supreme Constitutional Court has the authority to declare laws unconstitutional and to determine and rule upon legislative intent. Portugal’s Constitutional Tribunal has the greatest jurisdiction exercising both concrete review of lower court decisions and abstract review of all laws and legal norms. Other countries which blend the functions of judicial review and cassation or the review of lower court decisions are Ireland, the United States and DenmarkDenmark In 1848, absolute monarchy was abolished, and Denmark obtained its first Constitution and its first Government. Read More.

4.2 It is, therefore, recommended that:

(1) A Constitution Bench be set up at Delhi to deal with constitutional and other allied issues as aforesaid.

(2) Four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at 24Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region.

(3) If it is found that article 130 of the Constitution cannot be stretched to make it possible to implement the above recommendations, Parliament should enact a suitable legislation/Constitutional amendment for this purpose.

4.3 We further recommend that with a view to reducing the heavy backlog of cases in the higher courts and meet the problem of finding suitable persons for appointment of judges in these courts, the retirement age for the Supreme Court and High Court Judges be raised to 70 and 65 years, respectively.