Answer:

Introduction:

The proposal for setting up regional Supreme Court benches in India, encompassing ‘divisions’ of the top court, is a significant discourse in the realm of judicial reforms aimed at enhancing the accessibility, efficiency, and distribution of justice. This idea is anchored in the principle of decentralizing the apex court’s functions to address the geographical and financial barriers faced by litigants, thereby fostering a more inclusive judicial system.

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Pros of Setting up Regional Supreme Court Benches

• Access to Justice: Establishing regional benches would significantly reduce the distance and associated costs for litigants from distant parts of the country, ensuring that access to the Supreme Court is not a privilege of the economically well-off or geographically advantaged. This initiative is especially pertinent considering the fundamental right to access justice, as outlined under Article 32 of the Constitution, which is presently constrained by the logistical and financial challenges of approaching the Supreme Court located only in Delhi​​​​.
• Reduction in Pendency: The decentralization can potentially reduce the overwhelming backlog of cases in the Supreme Court by distributing the caseload among the regional benches. This could lead to more expedited hearings and quicker resolutions, alleviating the burden on the apex court and enhancing the overall efficiency of the judiciary​​.
• Economic Efficiency: By mitigating travel and accommodation expenses for litigants and their legal representatives, regional benches would make pursuing justice economically viable for a larger segment of the population. The current scenario, where the cost of litigation includes substantial travel expenses, restricts the pursuit of justice to the affluent or those residing in proximity to Delhi​​.
• Enhanced Focus on Constitutional Matters: With regional benches handling the appellate jurisdiction, the Supreme Court in Delhi could focus more on cases of constitutional and national importance. This specialized focus would enhance the quality of adjudication in matters that shape the legal and constitutional framework of the country​​.

Possible Procedure for Implementation

The proposal’s advancement would necessitate a multifaceted approach involving constitutional amendments, legislative actions, and infrastructural development. The key steps could include:

• Amendment to Article 130: The Constitution of India would need to be amended, particularly Article 130, to allow for the establishment of Supreme Court benches outside Delhi. This amendment would provide the legal foundation for the regional benches​​.
• Legislative Action: The introduction of a Private Member Bill or a government bill in the Parliament to detail the structure, jurisdiction, and functioning of the regional benches. This would involve debates and discussions in both houses of Parliament, followed by the President’s assent​​.
• Infrastructure and Logistics: Establishing regional benches would require significant investment in infrastructure, including the construction of court buildings and residential facilities for judges and staff. Additionally, logistical arrangements for the secure and efficient transfer of records and documents between the benches would be essential.
• Stakeholder Consultation: Engaging with stakeholders, including state governments, the legal community, and civil society, to address concerns and gather suggestions would be crucial for the smooth implementation and acceptance of regional benches.
• Pilot Phase: Initiating the regional benches in a phased manner, starting with a pilot bench, could help in addressing teething issues and ensuring that the expansion is grounded in practical experience and feedback.

Conclusion:

The discourse on establishing regional Supreme Court benches is a testament to the evolving needs of India’s judiciary in the face of modern challenges. While the proposal holds the promise of making justice more accessible and efficient, its implementation would require careful consideration of the legal, logistical, and financial implications involved. The initiative reflects a significant stride towards a more decentralized and people-centric judiciary, aiming to uphold the constitutional mandate of providing justice to all citizens irrespective of their geographical or economic status.