Lok Sabha Question No. 231 (STARRED), answered on 2021-03-10
Subject: Law Commission Report
Ministry: LAW AND JUSTICE
Asked by: Rajmohan Unnithan

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO. 231

## TO BE ANSWERED ON WEDNESDAY, THE 10.03.2021

## Law Commission Report

* 231 SHRI RAJMOHAN UNNITHAN:

Will the Minister of LAW AND JUSTICE be pleased to state:

- a) whether the Law Commission in its 125th report in the year 1988 reiterated  its  earlier  recommendations  for  splitting  the  Supreme Court and also stated the difficulties faced by litigants from far off places  in  the  matter  of  accessing  justice  before  the  Hon'ble Supreme Court and if so, the details thereof;
- b) whether the Law  Commission  in  its 229th report has also recommended the restructuring of the  Supreme Court by setting up a Constitution Bench at Delhi and Cassation Benches in Delhi, Chennai/Hyderabad,  Kolkata  and  Mumbai  and  if  so,  the  details
3. thereof; and
- c)  whether  the  Government  is  considering  the  recommendations  of
5. the Law Commission and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY

## (SHRI RAVI SHANKAR PRASAD)

- (a)   to (c): A Statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (c) of Lok Sabha Starred Question  No.*  231  due  for  answer  on  10.03.2021  regarding  'Law Commission Report'

(a) to (c): According to Article 130 of the Constitution, the Supreme Court shall  sit  in  Delhi  or  in  such  other  place  or  places  as  the  Chief  Justice  of India may, with the approval of the President, from time to time, appoint.

The  Eleventh  Law  Commission  in  its 125 th Report titled  'The Supreme  Court  -  A  Fresh  Look',  submitted  in  1988,  reiterated  the recommendations made by Tenth Law Commission in its 95 th Report  for splitting the Supreme Court into two namely (i) Constitutional Court at Delhi and (ii) Court of appeal or Federal Court sitting in North, South, East, West and  Central  India.  The  Law  Commission  opined  that  this  will  reduce  the distance travelled and the cost borne by the litigants. The recommendations  of  the  Law  Commission's  95 th and  125 th Report  are available on Law Commission of India website https://lawcommissionofindia.nic.in/.

The  Eighteenth  Law  Commission  in  its  229 th Report  had  also suggested  that  a  Constitutional  Bench  be  set  up  at  Delhi  and  four Cassation  Benches  be  set  up  in  the  Northern  region  at  Delhi,  Southern region  at  Chennai/Hyderabad,  Eastern  region  at  Kolkata  and  Western region  at  Mumbai. The recommendations of the Law Commission's 229 th Report is available on Law Commission of India website https://lawcommissionofindia.nic.in/.

The  matter  was  referred  to  the  Chief  Justice  of  India,  who  has informed that after consideration of the matter, the Full Court in its meeting held on 18 th February, 2010, found no justification for setting up of benches of the Supreme Court outside Delhi.

In  Writ  Petition  WP(C)  No.  36/2016  on  establishment  of  National Court  of  Appeal,  the  Supreme  Court  vide  its  judgment  dated  13.07.2016 deemed it proper to refer the aforementioned issue to Constitutional Bench for authoritative pronouncement.  The matter is sub-judice in the Supreme Court.

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