Model Question and Answers for APSC | The Supreme Court’s original role as a final appellate court can be restored by setting up a National Court of Appeal. Critically discuss.

Model Question and Answers for APSC | The Supreme Court’s original role as a final appellate court can be restored by setting up a National Court of Appeal. Critically discuss.

Ans : According to the Supreme Court, as of November 2020, 63,693 cases are pending in the court. In this light, many experts and even the Supreme Court (in 1986) advocated the need to establish National Courts of Appeal (NCA). It is suggested that the NCA will be established in the four regional zones of the country and they should be placed in between the Supreme Court and the High Courts in the hierarchy of the courts.

It will help ease the apex court’s burden and help it return to its original role as a final appellate court in the following ways:
1. The proposed NCA will deal with civil, criminal, labour and revenue matters in the region, thus freeing up the apex court’s resources to take up larger issues of public law and constitutional issues. 
2. Reduce the burden of appeal cases
3. Streamline the categories of cases
4. Improve accessibility

However, there are the following concerns regarding the proposed NCA:
1. It is argued that setting up regional benches will dilute the constitutional superiority of the Supreme Court
2. It also argued that NCA will also add an additional layer to the judicial hierarchy
3. The establishment of NCA would increase the burden on the exchequer and similarly the expenses and hardships of the litigants will also increase
Nonetheless, NCA is an idea that is worth due consideration and deliberation by both the Supreme Court and the government of the day