The Hindu·4 min read·hard

To strengthen the Supreme Court, divide it

P
Pradeep Mehta, Vijay Kelkar
To strengthen the Supreme Court, divide it
✦AI Summary

The article argues for splitting the Supreme Court of India into a dedicated Constitutional Court and regional Courts of Appeal to address the massive backlog of cases. It suggests that the current structure is overwhelmed by ordinary appeals, hindering the court's ability to focus on constitutional matters.

Why it matters

Judicial reform is essential for the efficiency of the Indian legal system and the protection of constitutional integrity.

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In 2016, three judges of the Supreme Court of India paused to ask a question about their own institution: had the apex court, established by the Constitution’s framers to safeguard the Republic’s foundational document, lost its way, drowning in ordinary appeals while its constitutional work withered? They framed 11 questions and referred it to a larger Bench. A decade later, the reference remains unheard. No emblem of the problem is sharper, nor any case for reform stronger: split the Supreme Court in two.

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