Helping Supreme Court: Regional courts of appeal can spare SC from many matters. But judicial infirmities will remain

News: To address the Supreme Court’s pendency burden, Attorney General KK Venugopal plea suggested setting up at least four regional courts of appeal (RCAs). He also recommended that RCA should focus solely on constitutional matters.

How does the pendency of cases affect the functioning of SC?

The pendency of cases in the Supreme Court has increased from 58,000 in April 2019 to 70,000 presently. Over 400 constitution bench matters like Article 370 and CAA are pending before 5,7 and 9 judge benches.

Ideally, constitutional matters to be heard by benches comprising more judges. But, SC is occupied with adjudicating divorce cases to bail pleas and appeals against orders of lower courts. So, the SC is not able to allocate high judge benches to constitutional matters.

The US court, in comparison, is very selective, and the appeal load is borne by 13 circuit courts under it.

How should Regional Courts of Appeal (RCAs) work? 

The success of RCAs would depend on the quality of judges. Otherwise, it would produce sub-par results and litigants would appeal to the supreme court. An All-India Judicial Service can be helpful in boosting the quality of judicial appointments.

What measures should need to be further adopted?

1) Vacancies should be filled quickly. 2) Other institutions have to make sure that miscarriage of justice does not happen so that fewer cases of appeal to SC.

Source: This post is based on the article “Helping Supreme Court: Regional courts of appeal can spare SC from many matters. But judicial infirmities will remain” published in the Times of India on 30th November 2021.