Experts feel that the chief justices of the respective courts should appreciate the constitutional significance of certain matters that ought to be heard by larger benches.
Frequent divided rulings of two-judge benches both at the Supreme Court and high courts have raked up a debate among legal pundits. Experts feel that the chief justices of the respective courts should appreciate the constitutional significance of certain matters that ought to be heard by larger benches.
Citing examples of how the judges were divided on their opinions on cases such as Karnataka MLAs challenging their disqualification for protesting against chief minister BS Yeddyurappa and the deferment of the Ayodhya title suit judgment, experts said that certain law suits should be made exclusive for consideration by a larger bench of at least three judges.
When quizzed on these developments, former chief justice JS Verma told DNA, “It’s desirable to have benches of three judges each.” But it’s up to CJI to take a call, he said.
Constitutional lawyer PP Rao feels that judicial time is of paramount importance and it must be saved at any cost. It would be desirable that certain matters are classified important keeping in view their effect on the constitution, he said, adding that, law suits relating to anti-defection law and election appeals, among others must be heard by a bench that carries finality.
Incidentally, some months ago, leading lawyer KK Venugopal had favoured the setting up of an apex appellate court that would be placed between high courts and the Supreme Court. The apex appellate court would resolve matters that have no bearing either on law or the constitution.
Venugopal had expressed concern about division among benches too and had said that “there are as many Supreme Courts as the number of benches in the apex court”.
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