Vol. 5, Issue 2 (2019)
Constitutional requirement for a division within the supreme court of India
Author(s): Abhishek Sharma P
Abstract: The Constitution has bestowed the Judiciary the task of upholding the principles enshrined in Constitution, toady the functions and scope of Judiciary is consistently evolving. The Indian Judiciary system is based on adversarial system of legal procedures where Judges act as neutral arbitrators and balance the rival contentions. The Supreme Court is the apex court of the country and the final interpreter of Constitutional provisions. 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. The Supreme Court also exercises appellate jurisdiction under the provisions of Article 132 – 136 of the Indian Constitution which is required to be exercised under great caution only when there is a need and not in normal circumstances. Despite this limitation in theory, Supreme Court has adopted a lenient approach while allowing appeals which has led to accumulation of huge back log of cases. The placing of the seat of Supreme Court at the New Delhi also adds another problem in the form unbearable cost of litigation for those living in far-flung areas of the country. The litigant coming to New Delhi from distant places to attend a case in the Supreme Court undergoes many hardships such as travel expense, advocate fees and other allied expenses The author opines that to reduce the burden on Supreme Court in relation to backlog of cases and to ensure that the litigant has the access to justice without incurring heavy expenditure, there must be a division of Supreme Court into Constitutional Division to deal with the adjudication cases relating to Constitution and Legal Division in the form of Cassation Courts for adjudication of appeals having non constitutional issues, with Benches in four regions – North, South, East and West, The author makes an attempts to answer the question 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 establishment of four Cassation Benches one each in the four regions to deal with appeals. There has been attempt make a comparative study about the concept of Constitutional Courts in continental countries to adopt the best method suitable for Indian context. The paper tries to suggest a model of Constitution Bench and Cassation Benches of Supreme Court of India based on the recommendations given by the 95th and 225th Law Commission Report and examines Constitutional procedures to be followed in achieving the said objective.