Law Commission Report The Supreme CourtA Fresh Look LAW COMMISSION OF INDIA ONE HUNDRED TEWENTY FIFTH REPORT ON THE SUPREME COURT A FRESH LOOK 1988 Tel. No. 384475 fafa srrﬁrr LAW COMMISSION WT??? {mart GOVERNMENT OF INDIA §fFRfT sraa SHASTRI BHAWAN, D. A. DESAI T5 Ea? Chairman NEW DELHI D.O. Wo. 6(2)(5) I88LC May 11, 1988. Shri Bindeshwari Dubey, Minister for Law and Justice, Government of India, Shastri Bhavan, NEW DELHI. Dear Shri Dubey, Restructuring court system was an integral part of reforming justice system, a task which was assigned to the present Law Com mission by the Government of India as per the letter of the then Minister for Law and Justice. Any structure to be internally sound and externally long lasting must be constructed from the foundation. Accordingly, the Law Commission commenced its research on the justice delivery system as in vogue in rural areas and recommended setting up of Gram Nyayalayas, a participatory model of justice. Moving vertically upward in the judicial hierarchy, the Law Commission submitted a report on the working and functioning of the High Courts, bearing the heading "The High Court ArrearsA Fresh Look". Obviously, the next step was to deal with the Supreme Court of India. The Law Commission has critically examined the functioning and working of the Supreme Court of India. The litigation explo sion stares into the face and unless dealt with by adopting radical measures, the situation is likely to go out of hand. I am, therefore, happy to forward herewith 125th Report of the Law Commission, named, "The Supreme CourtA Fresh Look". (i) 110 M of L & I/88 (ii) The report takes note of the various factors which have contri buted leading to the present malaise and eifective steps that can be taken to improve and retrieve the situation. It is hoped that the recommendations made in this report would be implemented in letter and spirit forthwith because the situation cannot brook any delay. Any further deterioration might need a surgical operation for which the portent is indicated in the last chapter to which I feel compelled to draw your attention. With kind regards, Yours sincerely, (Sd.) (D. A. DESAD Enclz A Report Chapter 1 Chapter II Chapter 111 Chapter IV Chapter V CONTENTS Past Efforts . . . . . . . . Present Situation . . . . . . . Causes for Delay and Past Attempts at Remedial Mea sures . . . . . . . . Recommendations Portent . Notes and References Appendix 1 Appendix II Appendix III Tables Graphs Letter from Law Commission to the Chief Justice of India Dated January 19, 1988 . . . (iii) Page 27 29 33 CHAPTER I PAST EFFORTS 1.1. Except an inveterate optimist. one would shudder to attempt to examine the crisisladen situation in the Supreme Court and suggest even a modicum of reform. Numerous attempts in the past by knowledgeable and brilliant law refor mers have met with a resounding failure. On the contrary, every such attempt had the dubious distinction of adding to the malaise. Therefore, one would shudder to enter in this nowin situation. And yet human ingenuity demands that failure may be confessed and yet after keeping in view all the past attempts. one must strive to find. if possible, an invigoratingly new solution in the fond hope that the intractable problem cannot be beyond the human reach. This report is a step in that direction. 1.2. Before the Law Commission can formally make some suggestions which may help in improving the situation, if not wholly solving the problem, it must. with advantage and consideration. look at the past attempts and brieﬂy recall them so that a fallacy of repetition can be avoided and a refreshingly fresh outlook can be developed. 1.3. In the scheme of Indian Constitution. Supreme Court has a vital role to play. The Constitutionmakers themselves had very high expectations from the Supreme Court when they conferred upon it the jurisdiction of widest amplitude. Avoiding comparison with the House of Lords in U.K. or the Supreme Court of United States. it can be said without fear of contradiction that the Supreme Court of India enjoys the widest jurisdiction. including the novel jurisdiction hitherto not enjoyed by any court system in any country of having original jurisdiction to grant relief in case of violation of funda mental rights. And the right to move the court itself is guaranteed as funda mental right. Without enumerating varied jurisdiction under the Constitution. such as under articles 32. 71. 131, 132. 133. I34 and 136, various statutes have provided for appeal to the Supreme Court. This expansive jurisdiction was further expanded by the Supreme Court itself by conferring upon itself the epistolary jurisdiction and added to it the jurisdiction enjoyed by enter taining social action litigation. By this varied and variegated ixtvisdiattion. t' '3 Supreme Court of India has now been designated as Supreme Court for "vl