LAWS(SC)-2016-7-31

V. VASANTHAKUMAR Vs. H.C.BHATIA AND ORS.

Decided On July 13, 2016
V. Vasanthakumar Appellant
V/S
H.C.Bhatia And Ors. Respondents

JUDGEMENT

(1.) This petition, filed in public interest, raises questions touching possible structural reforms at the highest echelons of the Indian judicial system. Similar questions have been addressed in the past not only by the Law Commission but also by this Court on the judicial side. We may briefly refer to the same to place the issues that fall for determination in proper perspective.

(2.) In its 14th Report dated 26th September, 1958, the Law Commission of India advocated the need for a restrained approach towards grant of special leaves to appeal against judgments and orders passed by the High Courts.

(3.) Then came the 95th report dated 1st March, 1984 in which the Law Commission proposed the setting up of a Constitutional Division within the Supreme Court, in the following words: