SCs in four metros?

The UPA government is closely examining a recommendation of the Law Commission five months ago to set up four Supreme Courts in metros and a Federal Court in Delhi exclusively for constitutional issues, as a way to reduce the huge backlog of cases. The recommendation to set up Supreme Courts in the four original metros and a Federal Court was recently endorsed by Chief Justice K G Balakrishnan. Sources said the CJI’s advocacy has been the goad for taking a fresh look at the nearly-forgotten recommendation. The idea to set up four Supreme Courts, or more appellate courts is seen as being in harmony with the Constitution, for Article 130 provides that “the Supreme Court shall sit in Delhi or in such other place...as the CJI may, with the approval of the President from time to time, appoint.” However, creation of a Constitutional or Federal Court in Delhi to hear only matters of grave constitutional importance would require an amendment to the Constitution, the sources said, adding the law ministry wanted to examine the Law Commission’s recommendation and the suggestion made by the CJI. In its report submitted to law minister Veerappa Moily, the Commission had said: “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.” It recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues and four Cassation (final appeal court) Benches be set up in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and Western region at Mumbai to deal with all appellate work arising out of orders/judgments of the High Courts of the particular region.” However, the Full Court of the Supreme Court had till date rejected all proposals for setting up Benches of the Supreme Court in the South or any other region of the country.