Free And Unhindered Justice

Context: An analysis on opportunities of continuing virtual access to the Supreme Court (SC).

Constitutional aspect of the significance of free and equal access to the SC:

• The idea of a single place of sitting: The R. Ambedkar­led Drafting Committee was of the view that the Court must have a specified place of sitting and that litigants should “know where to go and whom to approach”.
  • Given the unified, single­ pyramidal structure of the judicial system, all types of cases can potentially make their way to the Supreme Court, irrespective of the place or forum of the original institution.
• Provision of holding benches at other places: The framers of the Constitution agreed that the volume of litigation from different parts of the country might require the SC to increase its reach.
  • Thus, the Constitution empowered the Chief Justice to hold sittings of the SC through Circuit Benches in places other than Delhi as well.
  • However, despite an increasing caseload and repeated pleas by litigants and governments, successive Chief Justices have refused to invoke this constitutional power.

Associated issues

• Regional biases: According to a report by the Centre for Policy Research, a disproportionately high number of cases filed in SC originated in High Courts closer to Delhi.
  • Cases from States like West Bengal, Bihar and Andhra Pradesh, which collectively account for 20% of India’s total population, contribute to less than 10% of the Court’s docket.
  • 18% of cases in SC originate from Punjab and Haryana, with less than 5% of total population share.
• Geographical constraints: SC has become the domain of a select few lawyers in and around Delhi, increasing prohibitive monetary costs for litigants

Significance of virtual hearings: in context of above-discussed issues.

• Opened up to Court for advocates from all over India: Option to engage local lawyers of litigant’s choice and convenience.
• Constitutional promise of the right to access to justice: Incentives to overlook imperfections of the virtual system.
• Past recommendations: More than one Law Commission and Parliamentary Committee have recommended Circuit Benches of Supreme Court to be set up.

Conclusion: Till the judiciary acts on proposals of virtual hearings, it shall continue as a matter of right and just and equitable policy.