High Court Functioning as both Constitutional Bench and Appellate Court at National Level

The Supreme Court of India, a pillar of the nation's judicial system, has been grappling with a significant challenge in recent years: the impact of its appellate role on its ability to discharge its duty as a constitutional court.

In its dual role, the Supreme Court has been handling both appeal cases from High Courts and constitutional matters. However, this dual responsibility has led to a decline in the number of constitutional cases it can handle effectively. In the first two decades of its existence, the Supreme Court managed a good number of cases related to constitutional matters. Since then, there has been a noticeable decline, and now there is also a delay in handling these cases.

The reasons behind this relegation are not specified, but one proposed solution is the establishment of the National Court of Appeal (NCA). The NCA is intended to deal with appeal cases from High Courts, allowing the Supreme Court to focus on constitutional matters. This could potentially decrease the backlog of cases in the Supreme Court, mainly due to the removal of its appellate jurisdiction.

The Sabarimala case, the CAA Bill, and the Electoral bond case are among the pending cases of constitutional importance that the Supreme Court is currently handling. These cases, which require careful consideration and immediate attention, have been pending for years. The Sabarimala case, for instance, is being handled by a bench of the Supreme Court, typically comprising multiple judges rather than a single judge.

The establishment of the NCA could make justice cheaper and more accessible, as it will have benches throughout the country. This is a practice adopted by countries like the US, South Africa, France, and Ireland, which have separate constitutional courts and appellate courts.

Avoiding political influence is crucial for the effective functioning of the higher judiciary. The Supreme Court should prioritize constitutional cases and apply Special Leave Petition (SLP) sparingly. By focusing on its constitutional role, the Supreme Court can help maintain the constitutional governance of India, ensuring that the principles of justice, equality, and fairness are upheld.

This shift in the Supreme Court's role has serious consequences on the constitutional governance of India. By focusing on its constitutional role, the Supreme Court can help maintain the principles of justice, equality, and fairness that are fundamental to the nation's democracy. The proposed NCA may provide a solution to the current backlog of cases and allow the Supreme Court to return to its original purpose: safeguarding the constitution and upholding the rule of law.

High Court Functioning as both Constitutional Bench and Appellate Court at National Level