Topic: Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
3) Discuss the merits of the idea of setting up of the regional Supreme Court benches and ‘divisions’ of the top court and also discuss the possible procedure that would be followed if the idea has to be taken further. (250 words)
Why this question:
The article discusses in depth that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants. It also highlights the fact that Standing Committees of Parliament recommended in 2004, 2005, and 2006 that Benches of the court be set up elsewhere.
Key demand of the question:
One has to provide for arguments for the merits of establishing multiple benches of the apex court to address the growing pendency of cases with the judiciary and discuss how it can be achieved.
Directive:
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Introduction:
Discuss the need for multiple benches.
Body:
Explain the current situation of Judiciary. The issues plaguing it and why multiple benches can be a way forward.
Discuss in depth the recommendations given by various law commissions so far and justify with your opinion as to what would be ideal.
Explain both the pros and cons associated and conclude.
Conclusion:
Conclude that though It is obvious that travelling to New Delhi or engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants, the Supreme Court however has not agreed with the proposal to set up regional benches, which in its opinion will dilute the prestige of the court.
