Law Ministry accepts recommendation of Parliamentary Committee to establish regional benches of Supreme Court

The Union Law Ministry has accepted the suggestion made by the department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice last year to establish regional benches of the Supreme Court across India..The Committee on February 6 submitted a report on the action taken on its 133rd report titled Judicial Processes and their Reforms.The 133rd Report was presented to the Rajya Sabha on August 7, 2023 and laid on the table of the Lok Sabha on the same day. Eight months later, the Committee has come out with a report on the action taken by the Ministry of Law & Justice..The Committee had made 22 recommendations in the report. In the action taken report, the replies of the government have been categorized and scrutinized under four chapters.Among the recommendations made by the Committee were the setting up of regional benches of the Supreme Court, increasing the retirement age of Supreme Court and High Court judges, batting for more social diversity in judicial appointments and reassessment of post-retirement jobs for judges..1. Recommendations accepted by the department.i) Feasibility of regional benches of Supreme CourtThe Committee in its 133rd report had recommended the establishment of regional benches of the Supreme Court for better access to justice.In the action taken report, the Committee has said,"The Committee feels that the demand for having regional benches of the Supreme Court of India is about 'access to justice,' which is a fundamental right under the Constitution...The regional benches may also be seen as a solution to the overflowing caseload of the judiciary and to reduce the litigation cost to the common man."It also noted that in a petition on establishment of a National Court of Appeal, the Supreme Court had referred the issue to a Constitution Bench. It also stated,"The Supreme Court has been consistently rejecting the proposal for setting up of the Benches of Supreme Court at a place outside Delhi."ii) Preparation and publication of annual reports by High Courts and the Supreme CourtThe 133rd report had also recommended preparation of annual reports by High Courts and the Supreme Court on what the institutions had done over the past year.The action taken report notes that the Chief Justice of India (CJI) and Chief Justices of all High Courts had already been requested in June 2023 to consider publication of annual reports by all the High Courts and dissemination of the same through their websites, on the lines of the Orissa High Court's initiative..2. Recommendations that the Committee wishes not to pursue in light of the department's replies.i) Possibility of increasing retirement age of High Court and Supreme Court judgesThe Committee had recommended that the age of retirement of judges needs to be increased in sync with the advancement in medical sciences leading to improved health of the population.The government has said that if the retirement age is increased, there will be no limit to it. Further, there may efforts to increase the age in the future. The Committee had also recommended that while increasing the retirement age, the performance of judges could be reassessed based on their health conditions, quality of judgments, number of judgments delivered etc.According to the government, linking performance evaluation to the issue of increase in retirement age may not be practical and may not actually bring out the desired results. "This will result in empowering the Supreme Court Collegium (SCC) for the evaluation of the Judges at the time of giving extensions on individual basis and will further erode the powers of Parliament and empower judiciary through the SCC to take decision on the enhancement of age," it has said.Further, as per the government, this step may also result in undue favouritism and make the judges susceptible to pressures, thus impinging on their performance as impartial judges. .ii) Vacancies in the Supreme Court and High CourtsThe 133rd report had also pointed out how vacancies, and not necessarily vacations, were the cause of high pendency in the higher judiciary.The government has explained that while every effort is made to fill up the existing vacancies expeditiously, vacancies in High Courts do keep on arising on account of retirement, resignation or elevation of judges and also due to increase in the strength of judges..3. Recommendations in respect of which the Committee has not accepted the replies of the department.i) Social diversity in appointments of judgesThe 133rd report said that the higher judiciary suffers from a 'diversity deficit' and that representation of Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), women and minorities is far below the desired levels and does not reflect the social diversity of the country.The department highlighted that in the present system of appointments, the judiciary initiates the proposals to appoint High Court and Supreme Court judges, and the onus of addressing the issue rests with the Judiciary. The government has stated that it is committed to social diversity in the appointment of judges in the higher judiciary and has been requesting Chief Justices of High Courts that while sending proposals for appointment of judges, due consideration be given to suitable candidates belonging to SCs, STs, OBCs, minorities and women to ensure social diversity.The Committee, however, has observed that the views on the draft Memoranda of Procedure (MoP) of the Supreme Court for appointments to the higher judiciary are still awaited. "Whenever it is finalized, the Government may factor in the aspect of social diversity into it. The Committee desires that the Ministry may pursue the Supreme Court to send its views on the MoP at the earliest," it has said..ii) Post-retirement assignments to judgesThe Committee had taken the view that with the increase in the age of retirement of judges, the practice of post-retirement assignments to judges of Supreme Court and High Courts in bodies financed by the public exchequer should be reassessed to ensure their impartiality.The department stated that appointments of retired Supreme Court judges to various constitutional posts, commissions, tribunals etc. are made by different Ministries or Departments as per relevant rules laid down, and that some of these bodies require the expertise and experience possessed by judges of the Supreme Court or High Courts.The Committee, however, has suggested that the entire gamut of issues related to such appointments of retired judges may be comprehensively studied again and relooked upon by the Ministry..iii) Vacations in High Courts and the Supreme CourtThe Committee had taken the view that the suggestion of former CJI RM Lodha that instead of all judges going on vacation at the same time, individual judges should take leave at different times through the year so that courts are constantly open, should be considered.Since vacations for the Supreme Court and various High Courts are prescribed as per the rules framed by the respective courts, the recommendations of the Committee have been sent by the Department of Justice to the Supreme Court and the Registrars General of the High Courts after due approval of the Minister of State (I/C) for Law & Justice, and their response is awaited.The Committee has urged the department to seek responses from the Supreme Court and High Courts on the recommendation."Once this issue is finalized, the Courts will have more days at its disposal, which will enable it to reduce the pendency and mitigate the inconvenience presently being faced by the litigants, to a large extent," the Committee has said..4. Recommendations in which final replies of the government have not been receivedi) Mandatory declaration of assets by Supreme Court and High Court judgesThe 133rd report had also recommended that judges in the higher judiciary annually declare their assets and liabilities.The department has said that it is in consultation with the Registry of the Supreme Court and has solicited their views in the matter. The Committee has urged the department to fast track the process and apprise the committee of the same..[Read Action Taken Report]