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Context - Political Parties in Tamil Nadu demand for setting up of a Supreme Court Constitution Bench in Chennai.

About Constitution Bench

• A Constitution Bench is a special bench of the Supreme Court having 5 or more judges on it.
• These benches are not a common phenomenon. Constitution Benches are exceptions, set up only if ;
  • The case involves a significant question of law pertaining to the interpretation of the Constitution [Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges]
  • Two or more benches of the Supreme Court have delivered conflicting judgments on the same point of law.
• The Constitution Benches are set up on an ad hoc basis and when the need arises.
  • Constitution Bench is constituted in rare cases to decide important questions of fact or legal and/or constitutional interpretation.
• Article 130 says that 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.

The reason behind the demand for a Supreme Court bench

• The most important reason behind the demand is the huge pendency of Constitutional cases in the Court.
• Under Article 145(3), “any case involving a substantial question of law as to the interpretation of the Constitution” must be decided by a Bench of at least five judges. Such a Bench is called a Constitution Bench.
  • The Supreme Court of India during the early period mainly functioned as a constitutional court.
• The Supreme Court also hears matters between the Centre and states, and between two or more states; rules on civil and criminal appeals; and advises the President on questions of law and fact.
• Anyone can approach the Supreme Court directly on the question of violation of Fundamental Rights.
• This resulted in an increased workload on the Supreme Court and at present more than 65,000 cases are pending in the Supreme Court, and disposal of appeals takes many years.

Law Commission Recommendation

• In 1984, the 10th Law Commission of India recommended that “the Supreme Court should consist of two Divisions;
  • Constitutional Division
  • Legal Division
• The 18th Law Commission recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”.
  • It also recommended 4 Benches with all appellate work arising out of the orders/judgments of the High Courts of the particular region.

Way Forward

• Article 39A of the Indian Constitution says that the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity.
  • It must be ensured that the opportunities for securing justice are not denied to any citizen due to economic or other disabilities.

https://www.thehindu.com/todays-paper/set-up-supreme-court-bench-in-chennai-cpim/article65280015.ece

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