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V. Vasanthakumar v. H.C. Bhatia and Ors.

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 36 of 2016)Decided 13 Jul 2016
Writ Petition (Civil) No. 36 of 2016
Chief Justice T.S. Thakur · Justice R. Banumathi · Justice Uday Umesh Lalit

Background

This is a referral order, not a final judgment. A writ petition raised the question whether the Supreme Court's heavy caseload and concerns about access to justice justify creating regional Courts of Appeal or a National Court of Appeal, and splitting the Supreme Court into constitutional and appellate wings.

Decision Breakdown

This is a referral order, not a final judgment. After considering earlier Law Commission reports and the arguments of senior counsel, the three-judge Bench framed eleven questions on the issue. It referred them to a Constitution Bench for an authoritative ruling and directed the Registry to place the matter before the Chief Justice to constitute an appropriate Bench.

Lesson Learnt

There is no final ruling yet on whether India needs regional Courts of Appeal to reduce the Supreme Court's backlog. The order only frames the questions for a larger Bench to decide.

Official source (sci.gov.in)View Judgment (PDF)

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