Daily News Analysis

National Court of Appeal  

29th November, 2021 Polity

Figure 2: No Copyright Infringement Intended

Context:

  • Recently, Chief Justice of India has supported for national court of appeal for restructuring of judiciary.

About National Court of Appeal:

  • The National Court Appeal with regional benches in Chennai, Mumbai and Kolkata is meant to act as final court of justice in dealing with appeals from the decisions of the High Courts and tribunals within their region in civil, criminal, labour and revenue matters.
  • In such a scenario, a much-relieved Supreme Court of India situated in Delhi would only hear matters of constitutional law and public law.

Role of National Court of Appeal:

  • These appellate courts would act as a buffer between the State High Courts and the Supreme Court.
  • They would absorb ordinary appeals from the High Courts, not involving constitutional questions of law, and decide them finally.
  • These courts, manned by 15 judges each, would stem the flow of all and sundry cases to the apex court and reduce pendency to a great extent.

 

Criticism of the idea of NCA:

  • It will not reduce the litigation. Apex courts are not clogged but subordinate courts are.
  • It will merely add another layer of adjudication.
  • It is constitutionally impossible because hearing of appeals is a basic structure (which will be affected)
  • It would be a boon only for advocates.
  • This suggestion would require an amendment in Article 130 of the Constitution which is impermissible as this would change the constitution of the Supreme Court completely

 

Government stand:

 Earlier, the Centre rejected proposal for a National Court of Appeal with regional Benches. The Ministry cited three grounds for rejecting the idea

  • The Supreme Court always sits in Delhi as per the Constitution;
  • the Chief Justices of India in the past have “consistently opposed” the idea of an NCA or regional benches to the Supreme Court;
  • the Attorney-General said an NCA would “completely change the constitution of the Supreme Court”.