Monday, February 22, 2010

Benches of Supreme court .

This idea was mooted by the govt and was voted out by the judges of the supreme court of India.

Is this actually a tug of war for hegemony between the two arms of the State?The govt and the legislators together frowning at the spate of decisions of Supreme court in recent times ,dubbing them as unwarranted judicial activism an, incursion into their domain or is it merely an exigence of the times in which we live in?

Is there a fear in the higher echelons of the judiciary that setting up benches of the Supreme court at various parts of the country would invariably dilute the Supreme authority of the court at Delhi?

As per the Indian constitution a decision pronounced by Supreme court has the authority and force of law at par with those enacted by the parliament.The decision can be overturned or abrogated only by a law passed by the parliament.

If benches of Supreme court are allowed to function in all the 4 metropolis which decision would be considered the law of the land ? What if there is a conflict between 2 or more benches? Whose decision will prevail?

Supreme courts have at several times overturned the decisions of their predecessors.Only such decisions pertaining to the basic features of the constitution and few other epoch making pronunciations are not tampered with.

It has been suggested that issues regarding constitution will be the sole prerogative of the Supreme court at Delhi ,whilst other matters pertaining to civil and criminal laws can be adjudicated by 4 cassation branches of the apex court.

Views for and against :

For :The Supreme court would come within the reach of all citizens of India.Specially to all those living in far flung places of this huge subcontinent.

The vast knowledge and innate wisdom of the learned judges would be available to all the people of India belonging to various sections of the society at a fraction of the cost incurred and the time spent now.

Against;

The majesty of the monolithic edifice of the Supreme court will be shaken.

In course of time this hallowed institution may lose its aura --as the sole and final arbiter of all conflicts arising in India ,if this single solid bedrock ,which is the fountain of its authority ,is battered into bits.

It could be reduced to the status of High courts . Yet another forum to go in appeal.The litigation instead of reducing may actually multiply!

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