2. • India has only 14 judges per 1million people where as the average data
for developing world stands roughly at 40 judges per 1million people.
• 3.5 crore cases are pending in Indian trial courts.
• Article 21 stated that protection of life and personal liberty, it involves
ensuring expeditious and timely justice to all citizens of India.
• Financial experts opined that delay in delivery justice wastes 2% of the
GDP as it creates hostile environment for investment and enhances
corruption.
• The long duration of a trial ,average 15 years in a criminal case,excludes
the vulnerable from the judicial mechanism due to an increased cost of
litigation.
3. 0
10
20
30
40
supreme court
judges
alloted
judges
present
0
200
400
600
800
1000
high courts
judges
alloted
judges
present
High vacancy in courts and low judges to population
Ratio are the two main reasons usually cited to
explain high pendency of cases
Currently,23% of sanctioned strength of the
supreme court is vacant. The corresponding figure
for high courts is 26%, and for lower courts is 18%
Among large high courts, vacant positions in
Allahabad HC amount to 45%, followed by 32%
in punjab and harayana HC
4. Proposed solution
• By setting supreme court regional benches in each
zone will be helpful for ensuring expeditious and
timely justice.
• We should able to set up supreme court regional
benches in Delhi, Kolkata, Mumbai, Chennai so
that we can cover all zones of India.
• After setting up this system, Supreme Court of
India should be worked as “constitutional court” .
5. Merits of proposed solution
• Now a days, for appealing on the decision of high
courts we should reach Supreme Court which
involves lot of expenditure for common man.
• For the people of eastern and southern part of India
,they need travel thousands of kilometres to reach
SC in New Delhi.
• To all these people, these Supreme court regional
benches helps a lot for expeditious and timely
justice.
6. Implementation of the solution
• According to 138 article in The Constitution of India
stated as Enlargement of jurisdiction of the Supreme
Court
• The Supreme Court shall have such further jurisdiction
and powers with respect to any of the matters in the
Union List as Parliament may by law confer.
• By above article we can able to set up Supreme Court
regional benches in north,south,east and west zones of
india.
• After setting up this system, Supreme Court of India
should act as “constitutional Court” which will take up
important issues regarding fundamental rights etc…
7. • After setting up this system, SC of India should acts as
”Constitutional Court” will also take up duties which are
prescribed in the Article 131 in The Constitution of
India, such as disputes between state and central
government etc..
• In the world,55 countries had Constitutional courts and
working efficiently.
• Austria is the first country to implement constitution
court, now France, Germany, Italy, Norway, America and
other countries also had Constitutional Courts.
8. • Due to this judicial system, there is chance
of expeditious and timely justice.
• There is no need to go for SC of india for
appealing the decisions of high courts, they
can appeal in the SC regional bench which is
present in their zone.
• It results in timely justice and also reduces
their expenditures for litigations.
Impact of the solution
9. • This system is not only applicable to SC of India,
this system can be applicable to High Courts in
every states.
• Already in many states, governments had High
Courts regional benches for expeditious and
timely justice.
• This system results in the strong belief in the
people that they can get expeditious and timely
justice.
10. • A committee headed by SUDHARSHAN
NATCHIYAPPAN in july,2009 also stated the
necessisty of Supreme Court regional benches.
• 18th Law Commission of India headed by
DR.JUSTICE L.R.LAKSHMANAN,2009 also stated
the structure of above judicial system.
• Great law experts like V.R.KRISHNA IYER,former
judge in the Supreme Court of India also said about
necessisty of regional benches of SC in India.
• Various reports submitted by parliamentary
committees recommending such regional benches.