Today in our short interview segment, we have with us Mr. V. Vasanthakumar. He is an advocate practicing at the Supreme Court of India and the Madras High Court. He is known for his efforts seeking establishment of the National Courts of Appeal in India. Let us hear from him what the National Courts of Appeal are and what their significance is!
- Good morning, sir! How are you coping with the lockdown? - How has the COVID impacted the legal profession in general?
Good morning! I spend most of my time reading Law Journals and other books during the lockdown. Speaking of the COVID impact on the profession, it has badly affected the first generations lawyers who do not have their residence at the Capital city and are also deprived of good internet facilities.
- You have taken great efforts in seeking National Courts of Appeal. Can you brief the timeline of events right from the beginning of filing your petition till date?
The idea for National Courts of Appeal (NCA) emanated from a Judgment of Constitution Bench of Supreme rendered three decades ago in BIHAR LEGAL SUPPORT SOCIETY Vs CJI. Based on the said judgement I sent the representation to the Union of India (UOI) on 23.11.2013
January 2014 – I filed Writ Petition Under Article 32 before the Supreme Court for Mandamus directing the UOI to consider the feasibility of establishing National Court of Appeal.
28/02/2014 – Supreme Court issued notice to UOI.
10/10/2014 – Supreme directed the UOI to consider my representation dated 23/11/2014 and pass order within a period of 6 months.
03/12/2014 – UOI rejected the claim for establishment of National Court of Appeal.
March
2015 – The said order was impugned before the Madras High Court.
05/03/2015 – Madras High Court declined to entertain the Writ Petition and held that process of establishment of National Court of Appeal has to be exercised by the Parliament. The said petition was dismissed at the SR Stage.
January
2016 – Writ Petition before the Supreme Court under Article 32 challenging the order dated 03/12/2014 passed by the UOI.
26/02/2016 – Supreme Court issued notice and appointed Mr K K Venugopal, Senior Advocate as Amicus.
28/04/2016 – The arguments were concluded and Judgment was reserved.
13/07/2016 – Hon’ble 3 Judges headed by then Chief Justice Dr T S Thakur referred the matter to the Constitution Bench and the said judgment is reported in (2016) 7 SCC 686.
- What's the way forward from here in this matter?
The Hon’ble Chief Justice of Supreme Court will have to constitute a Constitution Bench to hear the matter and decide on establishing the National Courts of Appeal.
- Many people have been seeking benches of Supreme Court instead of a National Courts of Appeal. What's the advantage in having a National Courts of Appeal instead of merely establishing regional benches of Supreme court benches?
At the outset I would like to emphasize my vision on NCA.
1. NCA would ensure the Supreme Court of relieving the mundane work of Supreme Court interfering in the dispute between two individuals.
2. The Supreme Court would mainly concentrate on question of National importance and interpretation of the Constitution as foreseen by the framers of the Constitution and sit in division of 5 judges as enshrined.
3. The Benches of NCA would try all the SLPS’ emanating from respective High Courts thereby the geographical hindrance of litigants would be ironed out.
4. NCA would ensure the Supreme Court to maintain Uniformity in decisions.
5. NCA would be a replica of Federal Court of India (which was the intermediary court between the High Courts and Privy Council during British Period)
Whereas establishing the Benches of Supreme Court may facilitate the citizens to get over the geographical hindrance but I have my reservations as whether the Stature of Supreme Court would be maintained!
- Do you think a call for establishing regional benches of Supreme Court is a set back in your pursuit of the National Courts of Appeal? A private member bill is also introduced to amend the Constitution establishing regional benches of Supreme Court. Can you give us your opinion on the same?
No, a call seeking establishment of regional benches of the Supreme Court is definitely not a set back for establishment of the NCA. In my opinion, no amendment to the constitution is required for establishment of regional Benches of Supreme Court because Article 130 of the Constitution enables the Chief Justice of India with the approval of the President of India to sit in such other places other than Delhi.
- Having said that, since the framers of our Constitution have given the CJI the discretion to have their seat in places other than Delhi, do you think establishing regional benches by a Constitutional amendment would amount to attacking the judicial independence?
The framers of the Constitution reposed abundant faith on the Judges of the Supreme Court and I believe that the faith would be upheld.
- As a practicing advocate, what interim measure do you think can help the Supreme Court in speedy disposal of backlogs till a decision is taken on NCA?
Reviving the practice of obtaining leave from the High Courts to approach the Supreme Court as enshrined under Article 134 A of the Constitution might be the only way out till then.
Thank you for sparing your time and sharing your vision on the National Court of Appeal! We wish you the best in your pursuit seeking establishment of NCA!
Welcome!
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