AG opposes go on to set up four SCs

AG opposes go on to set up four SCs

NEW DELHI: Attorney General G E Vahanvati has strongly opposed Law Commission's radical recommendation for setting up of a Constitutional Court in Delhi and four Supreme Courts in the metros primarily to ease present litigational pressure on the SC. As reported by The Times of India

The legislative department from the law ministry had sought the superior law officer's opinion after Chief Justice of India K G Balakrishnan endorsed the Commission's five-month-old recommendation.

Holding the present character of the Supreme Court as an intrinsic reflection of the core values with the federal structure of the country, Vahanvati has faulted the Commission's proposal on grounds of practicality and said that it strikes at the roots of the Constitution.

He said the Supreme Court in the national capital with judges utilized by all corners from the country representing various communities and sections of the society is a great symbol of unity, and that any dilution of its authority could create an anomalous situation.

"The Attorney General is against any dilution with the stature of the Supreme Court in its present form," said legislative secretary Bhupinder Prasad.

The AG termed the Commission's recommendation as completely unworkable and was even critical of the legislative mode suggested by it for the creation of a Constitutional Court. He said nothing less than an amendment to the Constitution could assist in developing a Constitutional Court since the concept was totally new in relation to the judiciary, one of the three branches of governance.

Article 130 from the Constitution provides that "The Supreme Court shall sit in Delhi or in such other place or places, since the Chief Justice of India may, with the approval of the President from time to time, appoint." The AG in his opinion has virtually supported the consistent stand of the full court of the apex court to not have its Bench any place in India.