National Court of Appeal

About National Court of Appeal: A National Court of Appeal (NCA) is a proposed intermediate appellate court between the High Courts and the Supreme Court. Its primary objective is to hear routine civil and criminal appeals, allowing the Supreme Court to concentrate on constitutional interpretation and matters of national importance.

Why is there a Need for a National Court of Appeal?

The Supreme Court is burdened with a large number of Special Leave Petitions (SLPs) under Article 136, leaving limited time for constitutional cases. An NCA is proposed to reduce this backlog, improve access to justice and strengthen the Supreme Court’s role as a Constitutional Court.

Background

The idea of establishing a National Court of Appeal has been discussed for several decades to address the increasing workload of the Supreme Court.

• The 229th Report of the Law Commission of India (2009) recommended establishing a Constitution Bench Division at Delhi and four Cassation Benches at Chennai, Mumbai, Kolkata and Delhi to hear regular appeals.
• Former Attorney General K.K. Venugopal strongly advocated the establishment of four regional National Courts of Appeal, to hear ordinary civil and criminal appeals and reduce the burden on the Supreme Court.
• The proposal has been discussed in several judicial forums, but no constitutional amendment or law has yet been enacted.

Constitutional Position

The Constitution of India does not provide for a National Court of Appeal. The establishment of such a court would require:

• A constitutional amendment, since the Supreme Court’s appellate jurisdiction is defined under the Constitution.
• Appropriate legislation by Parliament regarding its structure and jurisdiction.

Present Appellate Structure in India

The judicial hierarchy in India consists of Subordinate Courts, followed by the High Courts, with the Supreme Court serving as the apex judicial authority. Appeals generally progress from the Subordinate Courts to the High Courts and, finally, to the Supreme Court.

At present, the Supreme Court functions as both:

• The highest constitutional court.
• The final court of appeal in civil, criminal and other matters.

The proposed NCA would be placed between the High Courts and the Supreme Court for ordinary appeals.

Proposed Structure

The commonly discussed proposal suggests:

• Regional benches of the National Court of Appeal in different parts of India.
• The Supreme Court at Delhi would primarily function as a Constitutional Court.
• The NCA would hear routine civil, criminal and statutory appeals.

Jurisdiction of the Proposed NCA

The proposed National Court of Appeal may hear:

• Civil appeals from High Courts.
• Criminal appeals from High Courts.
• Appeals arising under special statutes.
• Routine appeals currently filed before the Supreme Court.

The Supreme Court would primarily hear:

• Constitutional interpretation.
• Fundamental Rights cases.
• Centre–State disputes.
• Cases involving substantial questions of constitutional importance.

Arguments in Favour of National Court of Appeal

• It would significantly reduce the pendency of routine appeals before the Supreme Court.
• It would enable the Supreme Court to function primarily as a Constitutional Court.
• Regional benches would improve access to justice by reducing travel costs and delays.
• It would ensure faster disposal of civil and criminal appeals.
• It would promote greater judicial efficiency and specialization.

Arguments Against National Court of Appeal

• It may dilute the authority and unity of the Supreme Court as the country’s final judicial institution.
• Different regional benches may produce inconsistent interpretations of law.
• It may require substantial constitutional and institutional restructuring.
• Establishing another appellate court may increase administrative expenditure.
• Additional judicial tiers may prolong litigation in certain cases.

Supreme Court’s View

In V. Vasanthakumar v. H.C. Bhatia 2016, the Supreme Court observed that the creation of a National Court of Appeal is a matter of constitutional policy to be decided by Parliament and not by judicial directions.

The Court has, however, repeatedly acknowledged the heavy burden of appeals and the need for institutional reforms to improve judicial efficiency.

Law Commission Recommendations (229th Report, 2009)

• Establish four Cassation Benches in Delhi, Mumbai, Chennai and Kolkata.
• Reserve the Supreme Court at Delhi mainly for constitutional matters.
• Improve access to justice through regional appellate benches.
• Reduce pendency by separating constitutional and appellate functions.
• Strengthen the efficiency of the judicial system through institutional reforms.

Advantages and Challenges

Way Forward

• Implement the 229th Law Commission Report by establishing regional Cassation Benches after constitutional reforms.
• Restrict the use of Article 136 (Special Leave Petition) to exceptional cases involving substantial injustice.
• Strengthen High Courts to reduce unnecessary appeals to the Supreme Court.
• Increase the number of judges and improve judicial infrastructure at all levels.
• Clearly define the jurisdiction of the National Court of Appeal to avoid overlap with the Supreme Court.

Conclusion

The National Court of Appeal seeks to transform the Supreme Court into a true Constitutional Court while ensuring speedy disposal of ordinary appeals. Although the proposal offers significant advantages for judicial efficiency and access to justice, its implementation requires constitutional changes, broad political consensus and careful institutional design.

FAQs

Q1. What is the National Court of Appeal?
A proposed intermediate appellate court between the High Courts and the Supreme Court for hearing routine appeals.

Q2. Which Law Commission Report recommended the National Court of Appeal?
The 229th Report (2009) of the Law Commission of India.

Q3. Is the National Court of Appeal provided in the Constitution?
No. The Constitution does not presently provide for such a court.

Q4. Which Article contributes significantly to the Supreme Court’s appellate workload?
Article 136, relating to Special Leave Petitions (SLPs).

Q5. What is the main objective of the National Court of Appeal?
To reduce the Supreme Court’s appellate burden and enable it to focus primarily on constitutional matters.