Supreme Court Regional Benches: A Private Member Bill by P Wilson, appeal by Bar Councils to CJI Ramana for Southern Bench revive debate

The debate over whether it is time to decentralize the Supreme Court of India appears to have revived in the recent days between a Private Member Bill pending consideration in the Rajya Sabha seeking the establishment of Regional Supreme Court Benches, and an appeal to Chief Justice of India NV Ramana to set up a Southern Bench. .Rajya Sabha Member and senior lawyer P Wilson has long been a staunch advocate for setting up regional Supreme Court Benches..Months into his role as a Member of the Rajya Sabha, Wilson had also raised the issue on the floor of the Rajya Sabha, along with Marumalarchi Dravida Munnetra Kazhagam (MDMK) leader Vaiko. .The then Union Law Minister RS Prasad responded, in letters addressed to Wilson and Vaiko, that Regional Benches of the Supreme Court could not be set up due to Constitutional obstacles and given that a related issue is pending before the Supreme Court in the National Court of Appeal case.."The idea of a separate Bench of Supreme Court outside Delhi has not found favour with the Supreme Court of India. Attorney Generals of India, from time to time, were also consulted and they had also opposed the idea of establishment of Regional Benches of the Supreme Court," Prasad had added..Later, Wilson wrote to Prasad urging that an amendment be introduced to Article 130 of the Constitution of India so that Regional Benches of the Supreme Court may be set up..And now, Wilson has proposed the amendment through a Private Member Bill dubbed the Constitution (Amendment) Bill, 2020. As per the revised list of Business for July 23, the Bill was slated to be tabled in the Rajya Sabha last Friday, but was not taken up on the said day. .Highlights of the Constitution (Amendment) Bill, 2020.The Bill proposes amendment of Article 130 of the Constitution so that there are, in total, five Supreme Court Benches i.e. one Bench to hear only important Constitutional cases (Constitution Bench) and four other Permanent Regional Benches to hear matters arising out various regions of India. To this end, the Bill proposes the following changes:.The Supreme Court established under Article 124 shall comprise of a Constitution Bench sitting at New Delhi and four Permanent Regional Benches for the Northern, Southern, Eastern and Western regions, which shall sit at New Delhi, Chennai, Kolkata and Mumbai respectively. The Constitution Bench at New Delhi shall hear only cases which are of Constitutional importance. The Chief Justice of India shall have the exclusive power to determine which cases are to be classified as cases of Constitutional importance. The Permanent Regional Benches of the Supreme Court shall exercise the full jurisdiction of the Supreme Court of India, except over cases to be heard by the Constitution Bench. The Northern Regional Bench of the Supreme Court at New Delhi shall deal with all cases (except cases to be heard by the Constitution Bench) arising out States of Uttar Pradesh, Uttarakhand, Rajasthan, Punjab, Haryana, Himachal Pradesh and the Union Territories of Jammu and Kashmir, Ladakh, Delhi and Chandigarh. The Southern Regional Bench of the Supreme Court at Chennai shall deal with all cases (except cases to be heard by the Constitution Bench) arising out the States of Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana and the Union Territories of Puducherry and Lakshwadeep. The Eastern Regional Bench of the Supreme Court at Kolkata shall hear all cases (except cases to be heard by the Constitution Bench) arising out of West Bengal, Bihar, Odisha, Jharkhand, Assam, Sikkim, Arunachal Pradesh, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Union Territory of Andaman and Nicobar Islands. The Western Regional Bench of the Supreme Court at Mumbai shall deal with all cases (except cases to be heard by the Constitution Bench) arising out of the States of Maharashtra, Madhya Pradesh, Chhattisgarh, Gujarat, Goa and the Union Territory of Dadra and Nagar Haveli and Daman and Diu. The Chief Justice of India may, in the interest of administrative justice, transfer any case pending before any Permanent Regional Bench to any other Permanent Regional Bench or the Constitution Bench. When cases involving the same substantial question of law or the same subject matter is pending before two or more regional benches, the CJI may direct that all such cases be heard by any one of the Regional Benches. The Chief Justice of India shall nominate judges of the Supreme Court to sit at the Constitution Bench and the Permanent Benches of the Supreme Court. While nominating judges the Permanent Regional Benches, the Chief Justice of India shall give preference to judges whose parent High Court or erstwhile place of practice or resident prior to appointment as judge is within the territorial jurisdiction of that Permanent Regional Bench. Nothing shall prevent the Chief Justice of India from nominating any Judge of the Supreme Court to the Constitution Bench or any of the Permanent Regional Benches on the basis of seniority or if it is otherwise necessary to do so in the interest of administration of justice..Among other concerns, the Statement of Objects and Reasons for the Bill refers to difficulties faced by litigants outside Delhi in accessing the Supreme Court. Presently access to the Supreme Court is restricted to only those with the economic means to travel to Delhi and afford a lawyer in Delhi, Wilson highlights..“For decades now, there has been a widespread demand from various quarters for the establishment of Permanent Regional Benches of the Supreme Court. Many representations have been made from various Bar Associations and litigants from across the country. The people’s representatives in Parliament have also often raised this issue of Permanent Regional Benches of Supreme Court. The Standing Committees of Parliament recommended the setting up of Regional benches of Supreme Court in 2004, 2005, and 2006. The Law Commission in its Report No. 229 dated 05.08.2009 to the Ministry of Law and Justice, Government of India has also emphasised the need for the establishment of “Cassation Benches” of Supreme Court at New Delhi, Mumbai, Chennai and Kolkata," reads the Statement further. .Similar concerns were raised by the Bar Councils of Telangana, Andhra Pradesh, Tamil Nadu, Karnataka and Kerala in January this year, which had come together and unanimously demanded a Bench of the Supreme Court in South India..The Councils said they made the demand keeping in mind the difficulties faced by people from South, who end up relinquishing the idea of accessing the highest court of justice due to lack of reach and their inability to afford the costs of conducting cases in Delhi where the Supreme Court of India is situated..More recently, a delegation of top officials from the Bar Councils of these five southern States i.e. Karnataka, Tamil Nadu, Telangana, Andhra Pradesh and Kerala met with Chief Justice of India NV Ramana and Vice President M Venkaiah Naidu on Monday to give a representation for the creation of a Supreme Court Bench in South India..Creation of southern Bench for Supreme Court: Bar Council representatives of 5 southern States meet CJI NV Ramana, Vice President Venkaiah Naidu.It is yet to be seen how these efforts pan out. On a related note, Vice President Naidu has, on at least two occasions, endorsed the proposal to set up Regional Supreme Court Benches. .In August 2019, during a book launch, he commented, "Expanding the Supreme Court bench and having separate benches in different regions and at least one in Chennai on trial basis has been suggested by the Parliamentary Standing Committee on Law and Justice. I tend to agree with this recommendation. I think it is high time we had more benches because in a country as vast as India the litigants have to travel long distances and spend a huge amount of money and energy.”.Later that year, he added that, in his view, no Constitutional amendment is required to bring about this change. “As regards the need for the division of Apex Court in four regions, Article 130 of the Constitution states: ‘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’…so it is clear that there is no need for any constitutional amendment, it’s a decision to be taken by the Judiciary and by the government", Naidu had said. .[Read the Constitution (Amendment) Bill, 2020]