2.2.2. National Court of Appeal (NCA)

The National Court Appeal with regional benches in Chennai, Mumbai and Kolkata will be meant to act as final court of justice in dealing with appeals from the decisions of the High Courts and tribunals within their region in civil, criminal, labour and revenue matters.

The Supreme Court, as early as in 1986, had recommended establishment of National Court of Appeal. In V. Vasantha Kumar case, 2016 the Supreme Court referred the matter to a Constitutional Bench for decision on the National Court of Appeal.

Currently, the Supreme Court is overburdened with work, much of which comprises appeals from lower courts. Due to this, it is not able to fulfill its primary duty of deciding upon constitutional matters and acting as the final interpreter of the Constitution.

In such a scenario, a much-relieved Supreme Court of India situated in Delhi would only hear matters of constitutional law and public law. This is significant as, the number of decisions by Constitutional benches has drastically come down; from about 15% of total decided cases in 1950s to a worryingly paltry 0.12% in last decade.

However, this would fundamentally change the character of Supreme Court, its constitution and also its aura as the Apex court. It would require amending Article 130 which might not stand the test of basic structure.

Article 145(3) mandates that minimum 5-judge bench should sit to decide a matter involving ‘substantial question of constitutional law’.

Clearly, this mandate is not being followed. For

e.g. the Naz Foundation case involving the question of decriminalization of homosexuality, Shreya Singhal case dealing with the illegality of section 66A of IT Act were all decided by 2- judge benches.