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Created by : RAMANATHA PRABHU N, Chartered Accountant  | 01 31 2010 07:18:22 +0000
Industry : LawFunctional Area : India(Markets)
Activity:  277 views;  last activity : 07 06 2010 20:18:09 +0000

Law commission recomended four benches for the Supreme Court of India is it not the requirement of the citizens?

 
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You know what is the difficulty to moove to the Apex Court, right now we have only one at New Delhi. People of South India, west etc have to travel days together to reach at the capital city. Law commission recomended four benches for the Supreme Court, that is Delhi, Kolkotta, Channai and Mumbai, our present Chief JUstice and few others are of opinion that there is no requirement to have any benches for the Apex Court, he says that this is the practice being followed by other countries universally and justified his version. But i am of the belief otherwise, if four benches as recomended by the commission are deployed equidistantly over the country it will advantageous for the people as well as lawyers.


By RAMANATHA PRABHU N, Chartered Accountant  01 31 2010 07:18:22 +0000
 
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The Law Commission's recommendation for setting up of four Supreme Court regional benches in Delhi, Kolkata, Chennai and Mumbai is not a great idea. I in my opinion the disintegration of the Supreme Cour is not good . Personally I feel the Supreme Court cannot be in any other part of India.The Supreme Court s the highest court in the country and it should be in the capital city. there is nothing wrong in restructuring of the Supreme Court but it should not be disintegrated.


By Aarti Gupta, Legal Consultant  02 01 2010 09:07:23 +0000
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The Benches of Supreme Court of India is not only required but now it is a need of India or Indian Judicial System. As recommended by the Law Commission, it is necessary to establish at least 4 more benches, Zone-wise and also one bench in the centre of India. It certainly not only help to provide effective and speedy disposal of cases but also all type of aggrieved persons can come to the court of Law.


By G G Murkute, Associate/Sr. Associate , Private  | 03 30 2010 17:49:03 +0000
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consider the proposal in the light of words used in the Preamble of the Constitution "to secure to all citizens....Justice social,economic and political"

A single superior court to secure justice in these terms fails.  Socially because alot changes from chennai to delhi be it language or culture, and  Economically due to travel costs and high fees to take or engage a new lawyer in Delhi.

It is pertinent to note the proposal maintains the integrity of the superior court at delhi because it provides for  a Constitutional Bench at Delhi and Four Benches in four metros to deal with litigation in appeals as a matter of convenience. This should not be disputed.


By purushottam awasthi, LLM student, Faculty of Law Lucknow University, Lucknow  | 03 10 2010 08:30:13 +0000
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agreed with Ramanath, it will be more convenient to hv more branches of SC.


By Tarun Mishra, Equity Dealer, Religare Securtites Limited  | 02 02 2010 19:54:09 +0000
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i support Ajay's humor for benches.........you can make additional benches or do not go ahead with benches ......but the primary objective is about our lethargic  judicial system ; its laws since  adam's time .......new lifestyles have sprung up and new challenges in the society have come up but our legal system is rock solid not willing to move an inch.

would like to have better opinions


By Manish Grover, Account Manager , Impressico Business Solutions Pvt Ltd  | 02 02 2010 08:46:46 +0000
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I endorse your view that the  benches for the Supreme court  of India can be had at Delhi,Kolkatta.Chennai and Mumbai,  as recommended by law Commission.


By kasturirangan.r , INSURANCE ADVISOR, Life Insurance Corporation Of India  | 02 02 2010 06:51:50 +0000
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benches made of sandal wood , african teak , eucalyptus etc etc..


By Ajay Ziz, Dy. Registrar,, University of Jammu  | 02 01 2010 11:07:31 +0000
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It is quite obvious  that if the people who framed Constitution intended such a scheme, there would have been some 20 odd benches of Supreme court in all the States of Union instead of their respective High courts. The fundamental safeguard of justice is Hierarchy of courts. From courts of fact at the lower level to courts of fact and law and then Courts examining substantial questions of law alone. The contrary argument is as plausible, if one employs an analogy, that a company can have multiple Registered offices instead of branch offices for convenience across geographies. Or for that matter, stretching the argument logically, the Indian Parliament should have Sessions across the country to suit geographical expedience and satiation of regional sentiments. The Supreme court is the last resort of safeguarding fundamental rights and constitution and owes its existence to Constitution like a company does to Companies Act. As one cant  have multiple Registered offices without infringing a mere statute, contemplation of distributing Supreme court for popular convenience is against the Scheme of that fountainhead called Indian Constitution from which all laws emanate and are adjudicated under it by the Supreme court against the fleeting fickleness of populism. Interestingly though United Kingdom now has a Supreme court and it would be a such a mess if one wants U.S Supreme Court to have benches from Alaska to Utah. I wonder whether the Indian Law ministry needs a revamp instead of the other way round.Lastly it is the very concept of Geographical centralisation with the college of Justices from all parts of the country in a milieu far from local and regional considerations that had made Supreme Court what it is today. And by the way, a mere telegram from the remotest part of India to Chief Justice of India had paved way for important and land mark Public interest litigation affecting constitutional rights and continues to do so even today despite New Delhi being distant. Geographically speaking of course


By avaneendra mudigonda, legal Counsel, MVN  | 02 01 2010 19:03:02 +0000
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