The Supreme Court (SC) has decided to establish a constitutional bench to debate the establishment of a National Court of Appeal (NCA) with regional benches.
National Court of Appeal (NCA), if established, will be a final court of appeal in civil and criminal matters. NCA will also have regional benches.
Implications of establishment of NCA:
1. With the establishment of Regional benches, access of judiciary will enhance to the people. Presently, SC is established in Delhi, as a result, people from distant places are required to travel large distances to seek justice.
2. SC on account of being overburdened rejects many important civil and criminal cases amounting to denial of justice.
3. After the establishment of NCA, SC will undertake only constitutional cases.
Constitution bench :
Constitutional bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India. This provision has been mandated by Article 145 (3) of the Constitution of India. The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.