High Court Functioning as both Constitutional and Appeals Court on National Level
The Indian government is proposing a new judicial body, the National Court of Appeal (NCA), with the aim of handling appeal cases from High Courts, thereby allowing the Supreme Court to focus on constitutional matters. This move is designed to address the long-standing issue of backlog cases in the higher judiciary.
The NCA is planned to have benches throughout the country, making justice cheaper and more accessible for all. This decentralisation of appeals could significantly reduce the burden on the Supreme Court, which currently functions as both an appellate court and a constitutional court.
The proposed court will not mark a departure from the Indian judicial system, as other countries like the United States, South Africa, France, and Ireland already have separate constitutional courts and appellate courts.
The establishment of the NCA could prove beneficial in decreasing the backlog of cases in the Supreme Court, particularly due to its appellate jurisdiction. In the first two decades of its existence, the Supreme Court of India handled a good number of cases related to constitutional matters. However, in recent years, there has been a decline, and now there is a delay in handling such cases.
Some of the pending cases of constitutional importance include the Sabarimala case, the Citizenship Amendment Act (CAA) Bill, and the Electoral bond case. The prolonged delay in addressing these cases has serious consequences on the constitutional governance of the country.
Justice Indu Malhotra, who led the Sabarimala case, was appointed to the Supreme Court of India in April 2018. Avoiding influence from politics is crucial for the effective functioning of the Supreme Court, ensuring that it can discharge its duty of upholding the Constitution and protecting the Fundamental Rights of Indian citizens.
To address the root cause of backlog cases in the higher judiciary, it is necessary to prioritise constitutional cases. The Supreme Court should apply Special Leave Petition sparingly to prevent an appeal after appeal culture, which only serves to prolong the resolution of these important matters.
With the implementation of the NCA, the Supreme Court of India will focus more on matters related to national importance, Fundamental Rights, and any other case of constitutional importance. This shift in focus could help to ensure that the Supreme Court continues to play its vital role in preserving the rule of law and maintaining the balance of power in India.
