The Supreme Court on Wednesday referred to the Constitution Bench a plea seeking setting up of National Court of Appeal with regional benches in major cities for deciding cases arising from high courts.
An apex court bench, headed by Chief Justice T.S. Thakur, passed the verdict on a PIL pressing for setting up of a National Court of Appeal at Chennai, Mumbai and Kolkata and quashing of the government order rejecting the proposal on the issue.
The Centre had opposed the plea on several grounds, including that the litigants cannot be deprived of the right to approach the apex court.
The Centre had also said it was “neither feasible, nor desirable” and if it is set up, it will be a “self-defeating exercise as after 10 years, more number of cases will clog the system and the dockets will again get full.”
In February 2014, petitioner V. Vasanthakumar had moved the apex court with the same prayer when it had disposed of the matter directing the Centre to respond to his suggestion within six months.
Later, the Centre had rejected his suggestion on the ground that it would require an amendment in Article 130 of the Constitution which “is impermissible as this would change the Constitution of the Supreme Court completely.”
Mr. Vasanthakumar has now approached the apex court again seeking quashing of this decision of the central government.
