The Supreme Court today said it would refer to a five-judge constitution bench a plea seeking setting up of National Court of Appeal with regional benches in major cities for deciding cases arising from high courts.
A bench of Chief Justice T S Thakur and Justice U U Lalit asked Attorney General Mukul Rohatgi and senior advocate K K Venugopal, who has been appointed amicus curiae to assist it, to formulate "suggestions and points" for its consideration.
"All possible suggestions and points be given to us. A three-judge bench will frame questions to be considered by a constitution bench," the bench said.
Referring to some examples, Venugopal said, "Ireland established the National Court of Appeal after a debate spanning six years and moreover, state after state is doing it."
However, the Attorney General did not prima facie endorse the idea and said Pakistan Supreme Court tried this, but could not succeed and it is not possible here.
During the hearing, Venugopal suggested that all lawyers concerned should file written submissions, containing details on the issue and the court should examine them.
He referred to the fact that most of the appeals to the apex court come from the Delhi High Court and it shows that the physical proximity has a key role in access to justice.
The bench said the arrears of cases are getting "bigger and bigger" and the judges should focus on disposing and deciding cases besides issuing notices on the petitions.
"We cannot establish the court of appeal. We will examine it. We will pronounce on the legal point," the bench said.
Rohatgi said the setting up of the court of appeal would be in violation of Article 136 which says the Supreme Court, in exercise of its discretion, may grant leave to appeal against any judgment, decree determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
He also said that Article 136 cannot be altered as it formed part of the basic structure of the constitution.
Venugopal, who favoured the idea, however said that out of every ten cases, coming to the apex court, 9.5 cases come from states like Delhi, Punjab, Haryana, Uttar Pradesh and Uttarakhand as they are close to it.
