August 6, 2024
Sushmita Dev’s Zero Hour mention in Rajya Sabha on need to create laws to set up a permanent Constitution Bench of the Supreme Court and enable the induction of more judges in regional courts for effective delivery of justice
Sir, justice delayed is justice denied. I believe that the primary reason why justice is delayed in this country is because of the large number of cases that are pending in our Supreme Court and the High Court. And the second reason is that we do not have access to justice, one, because of lack of resources, since litigation is a luxury, and secondly, because of the distances we have to cover to reach Supreme Court and High Court. I remember there was a a starred question, Q. No. 32, in this Session, where the Law Ministry said that the Supreme Court judges, in a full court meeting, decided that there was no need for regional benches. But, what I am demanding is a permanent Constitution Bench, and the reason for it is this. In our country, in Article 124 of the Constitution, we started with seven judges, but today we are at thirty four, which means that the Parliament can legislate to add to the number of judges in Supreme Court. The reason that the Chief Justice of India may not want regional benches and more benches across the country is because of the paucity of the number of judges. But, if we give them that human resource, if we increase the number of 34 judges to more, I am sure and I have no doubt that the Chief Justice of India will consider having a permanent Constitution Bench. The present Chief Justice of India and the former Chief Justice of India have given their opinion at different forums that they are keen to do so. But, it needs support of the Parliament. Sir, if one Constitution Bench decides and lays down law, actually, experts say that 50 lakh cases across the country – vertically, right till the bottom – can be solved because the law is settled. So, that is the impact of a Constitution Bench. I am raising this issue for a particular reason. With CAA and NRC, there are a plethora of cases in Assam. One simple example is: Biometrics of 26 lakh people, whose names are under NRC, doesn’t have an Aadhaar Card. It is because their biometrics is blocked and the decision of the Supreme Court is yet to be interpreted. This Bench has been unable to hear this matter, because these Judges get pooled into the Constitution Benches. This is my personal experience from my State and my people are suffering. That is why I thought of raising this issue in this august House that if we set up a permanent Constitution Bench, then, the ordinary people who suffer, because of delay, may be able to alleviate from that grievance. Thank you.
