Lok Sabha Question No. 1143 (UNSTARRED), answered on 2025-12-05
Subject: Establishment of Constitutional/Regional Benches of Supreme Court
Ministry: LAW AND JUSTICE
Asked by: Shri Kalyan Banerjee

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 1143 TO BE ANSWERED ON FRIDAY, THE 05.12.2025

## Establishment of Constitutional/Regional Benches of Supreme Court

## 1143 Shri Kalyan Banerjee:

Will the Minister of Law and Justice be pleased to state:

- (a) whether the Government proposes to establish permanent Constitution/Regional Benches  of  the  Supreme  Court  to  improve  access  to  justice,  if  so,  the  details thereof;
- (b) the  reasons  for  non-implementation  and/or  delaying  of  setting  up  such benches,  if  any,  and  proposal  to  establish  a  National  Court  of Appeal  (NCA)  as recommend by Law Commission; and
- (c) the number of cases involving constitutional interpretation pending for more than five years thereof ?

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY

## ANSWER OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a) & (b):  Article 130 of the Constitution of India provides that 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.
2. Representations have been received from time to time from various quarters for establishment of Benches of Supreme Court in various parts of the Country. 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 Eighteenth Law Commission in its

229 th   Report submitted in 2009 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.

3.

The matter was referred to the Chief Justice of India, who 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.  The  Chief  Justice  of  India  had  earlier  conveyed  similar  views  in August,

2007.

4.

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 currently sub-judice in the Supreme Court.

(c):

As per

the information

received from

the

Supreme  Court of

India, the number of cases involving constitutional interpretation pending for more than

five years, as on 26.11.2025, are as follows:

(i) Five-Judge Bench: 10

(ii) Seven-Judge Bench: 03

(ii) Nine-Judge Bench: 02

***