- Vijay urged PM Modi to establish a permanent Supreme Court bench in Chennai
- He highlighted the 1980 demand and challenges faced by southern litigants travelling to Delhi
- Vijay cited Article 32 and noted that geographic and financial barriers limit access to justice
Tamil Nadu Chief Minister Vijay has written to Prime Minister Narendra Modi, urging him to take up the long-pending demand for establishing a permanent bench of the Supreme Court in Chennai with the top court.
In his letter, reflecting the true federal character of the country, Vijay argued that a bench in Chennai will benefit not just Tamil Nadu but all southern states.
The Chief Minister pointed out that the demand dates back to 1980. In this context, he highlighted the geographical and financial difficulties faced by litigants from southern states who have to travel all the way to New Delhi to seek justice from the Supreme Court.
Referring to Article 32 of the Constitution, which guarantees citizens the right to approach the Supreme Court for enforcement of fundamental rights, Vijay said although the Constitution's framers intended this remedy to be accessible to every citizen, rich or poor, it has, over time, become practically accessible mainly to those who are geographically closer to the top court and financially capable of meeting litigation and travel expenses.
He argued that citizens in southern India are disadvantaged because of the sheer distance between their states and New Delhi.
Citing Chennai's legal legacy, Vijay pointed out that the Madras High Court is one of India's oldest chartered High Courts, established in 1862. He also highlighted the professional competence of the Madras High Court Bar Council and said the city is strategically placed to serve the southern states.
The letter recalled that the Supreme Court's Full Court, at a meeting on August 7, 2007, had found no justification to depart from its earlier resolutions opposing the proposal.
This was despite Tamil Nadu assuring the provision of necessary infrastructure, including residential accommodation for Supreme Court judges.
Vijay also referred to a Supreme Court order in a writ petition in 2016 -- V Vasanthakumar versus H C Bhatia and Others -- in which the establishment of regional benches was among the questions of law referred to a five-judge Constitution Bench headed by the Chief Justice of India.
Seeking fresh reconsideration of the Supreme Court's position, the Chief Minister cited several recommendations in support of the proposal.
These include recommendations made by Parliamentary Standing Committees in 2004, 2006, 2008 and 2021, as well as Law Commission reports that have reiterated the need for permanent regional benches.
He also countered concerns that regional benches could affect judicial independence, arguing that it would not compromise the judiciary's autonomy, since the Chief Justice of India will retain administrative control.
Vijay has urged the Prime Minister to take up the matter afresh with the Supreme Court and facilitate a favourable decision.
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