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Appellate courts in four regions are essential to ease the burden of SC: AG | India News


NEW DELHI: Attorney General KK Venugopal said Thursday that appellate courts should be established in four regions of the country to adjudicate appeals against HC verdicts in order to provide citizens with better access to justice and alleviate the enormous burden of the case in the Supreme Court so that it is really the constitutional court foreseen by the framers of the Constitution.
Speaking about the Constitution Day celebrations to mark the birth of the Constitution on this day in 1949, Venugopal said the SC is now burdened with petitions about bail, rent disputes, land acquisition, marriage disputes, which could be heard by the Courts of Appeal (CoA). to make a final decision. “Each of the CoAs should have around 15 judges, who should have similar eligibility qualifications as SC judges and would be selected by the SC Judges College headed by the Chief Justice of India,” he said. .
“The creation of CoA between the HC and the SC will allow the SC to hear petitions that raise important constitutional issues and matters of national importance rather than mundane and regular appeals against the decisions of the HC. Then, only the SC can truly become a constitutional court as envisioned by the framers of our Constitution. Then it would hear 3,000 cases a year instead of the current 75,000 cases, “he said.
Otherwise, the cases would continue to take decades for final adjudication, he said. “If you have to wait two decades for a final verdict in a case, then justice would fail the poor litigants and the middle class. The rich and business are not much affected by the delay in delivering justice,” he said the AG.
President Ram Nath Kovind, who as a lawyer had practiced in South Carolina, said the cost of litigation has become the biggest impediment to citizens accessing justice. “That is why I have done a lot of pro bono cases (at no cost). I urge attorneys to do some pro bono cases.”
“The second obstacle to accessing justice is language. It is a welcome step for the CV to publish important sentences in many regional languages. This is the way forward to keep citizens informed and bring them closer to the judiciary and its workings.” said the president. He said that constitutional office holders should emulate what Rajendra Prasad said when responding to congratulations on the appointment as the first president of India. Prasad had said that if he is equally appreciated upon removal from office, then only he would feel worthy of the position, Kovind said.
Justice Minister Ravi Shankar Prasad said the SC had been the beacon of justice through its landmark rulings, including proposing the basic structure doctrine and expanding the scope, scope and character of the precious right to life guaranteed in article 21 of the Constitution.
Prasad said: “Lately, there is a disturbing trend of some people campaigning through social media and newspaper articles insisting on what the SC ruling / order should be in a particular case. And, when the SC does not it follows the course described by them, they resort to radical criticism of the CS and the judiciary. The judges must be free to decide the cases without inhibitions that these people try to impose “.
He said: “The administration of justice cannot be destined for the gallery. The use of terms such as ‘judicial barbarism’ by those, whatever their condition, is abominable and unacceptable. The judiciary and the judges must feel free to decide cases according to the law and their conscience. Unleashing this type of criticism is an attempt to divert judges from their declared duty. ”
Bobde from CJI SA said the judiciary faces the challenge of closing the courts due to the pandemic or keeping them open via video conferencing. He said the three-tiered judiciary heard around 50 lakh of cases during the pandemic period and settled 6.5 lakh of cases. “But the videoconference hearing creates inequality, as those who do not have access to technology have difficulties accessing the justice administration system. I would ask the minister of justice, who is also the minister of Information Technology, to find a solution, although it may require large spending by the government, ”said the CJI.

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