SC refers plea for National Court of Appeals to Constitution bench

13 July 2016

The Supreme Court has referred a petition seeking the establishment of a National Court of Appeal with Benches at Kolkata, Chennai and Mumbai to a Constitution bench of the court.

A three-judge bench comprising Chief Justice TS Thakur and Justices R Banumathi and UU Lalit today decided to move the petition filed by advocate V Vasanthakumar to a larger bench as the matter was of great importance.

The petition while seeking a decision on setting up National Court of Appeal with regional benches in major cities for deciding cases arising from high courts, also sought quashing of the government order rejecting the proposal.

The centre had opposed the plea on several grounds, including that the litigants cannot be deprived of the right to approach the apex court.

The centre had also said it was "neither feasible, nor desirable" and if it is set up, it will be a "self-defeating exercise as after 10 years, more number of cases will clog the system and the dockets will again get full".

Petitioner V Vasanthakumar had, in February 20a4, moved the apex court with the prayer when it had disposed of the matter directing the centre to respond to his suggestion within six months.

Later, the centre had rejected his suggestion on the ground that it would require an amendment in Article 130 of the Constitution which "is impermissible as this would change the constitution of the Supreme Court completely."

Vasanthakumar has now approached the apex court again seeking quashing of this decision of the central government.

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