Indian Supreme Court which is established under Part V, Chapter IV of the Constitution of India serves as the highest court of the land in the country in appellate jurisdiction and acts as the guardian of constitution. Art.124 to Art.147 of the Indian Constitution, speaks about the composition and jurisdiction of Supreme Court. Supreme Court of India came into existence on 28th of January, 1950. The Supreme Court of India comprises the Chief Justice and not more than 25 other Judges appointed by the President of India.
Recently there is a demand for setting up of Supreme Court benches in many states. There is also a demand for setting up of bench in Bangalore as the representative of South Indian states. Now the question/ issue arises is- Is there a necessity of setting up a Supreme Court bench in south India?
As we see in many developed and developing countries, Supreme Court is Unique for whole country where the highest court of the land situates in one place and conducts its proceedings, we cannot get an examples of the judges or benches sitting in the some other location of the country and delivering a justice.
However, when it comes to India, India is quite different from the other country in delivering a justice; we see High Court benches are established in number of places of the state to deliver a speedy justice.
When there is a demand for setting up of Bench in South India, other states of the country have also asked for setting up of benches in there respective states.
There about 50,000 cases pending before the Supreme Court; setting up the bench would not dispose the pending cases, unless the number of Judges in the Supreme Court is increased.
The need for the attention is that people of south India are not accessible to the Supreme Court as it is very far, time consuming, and costlier process.
More than 80,000 of law graduates pass out in the country every year. It also represents large number of Lawyers from south India. As the Supreme Court is far from south India, it has become difficult for juniors lawyers in South India to practice under the senior lawyers of Supreme Court and appear before the Supreme Court.
Setting up the bench in Bangalore would solve all these problems and make accessible of highest land of justice to the people of remote areas.
A Bangalorean needs to travel 1735 km to reach Supreme Court, people from Trivandrum needs to travel 2289 KM to reach Supreme Court. It has become very difficult for common people to get an access to the Judiciary of Supreme court. Even from the people of many Cities and villages from Karnataka, Kerala, Tamil Nadu, and Andhra Pradesh are facing the same problem. Setting up a Supreme Court bench in Bangalore would solve all these problems.
Considering the hardship faced by the people and access to the judiciary there is a need for setting up a bench in Bangalore.
A bench can be set up in Bangalore by making appropriate amends to the Art. 130[1] of Indian constitution.
Alternative to the setting up of Bench in Bangalore:
1. Supreme Court shall strengthen its e-filing procedure:
Supreme Court of India allows case filing through the Internet (E-Filing). Any Advocate-on-Record or petitioner can file his matter through internet, sitting anywhere in the world. The text can be typed on the computer. Documents, including affidavits and vakalatnamas, need to be submitted by scanning them. Counter/rejoinder/fresh applications/ caveat/ additional documents can also be filed through internet either by Advocate-on-Record or by petitioner-in-person. This e-filing process is unknown to many; there is a need for strengthening and educating about its e-filing process.
2. Video conferencing:
Although court requires the personal presence of the accused during the evidence before the court, video conferencing has made many states of the country to save the cost involving transport and other risks. Accused persons are heard through video conferencing facility available in the particular state judiciary. Since the, Supreme Court is very far from south Indian States, there is a need for having procedure as to the follow up of cases and arguing on the case through video conferencing.
3. Concession in travel fares or free tickets:
Government of India shall allow the people of the country involving in Supreme Court cases to travel to the Supreme Court with the concession in their travel tickets or of free of cost.
130. Seat of Supreme Court.
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.
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