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SC Constitution Bench to decide on National Court of Appeal

... Editorial Team

In a significant development the Chief Justice-led bench of the Supreme Court has said that it will constitute a five judge constitution bench to decide on the long pending demand for establishing a National Court of Appeal (NCA) with regional benches in major cities- Kolkata, Mumbai and Chennai-to hear appeals against orders of high courts.

The AG Mukul Rohatgi representing the Centre opposed the constitution of NCA saying it was neither possible nor desirable.  The CJI said that the people in southern and eastern or interior north eastern states who fail to move supreme court due to the distance and lack of means

CJI T S Thakur has further directed Attorney General Mukul Rohatgi and senior lawyer K K Venugopal (amicus curiae) to formulate Questions for reference to the Three Judge Bench by April 4 so that the three Judge Bench can refer the matter to the Constitution Bench.

The Law Commission of India in its 125th report had said: “The Supreme Court sits in Delhi alone. Government of India on couple of occasions sought the opinion of the Supreme Court of India for setting up a bench in the South. This proposal did not find favour with the Supreme Court. The result is that those coming from distant places like Tamil Nadu in the South, Gujarat in the West and Assam and other states in the East have to spend huge amount on travel to reach the Supreme Court. And an adjournment becomes prohibitive.

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