Probability of SCs in 4 Metros Examined by Law Ministry

Probability of SCs in 4 Metros Examined by Law Ministry

New Delhi

The UPA government is closely examining the recommendation of the Law Commission to set up four Supreme Courts in metros and a Federal Court in the Capital exclusively devoted to examine constitutional issues, as one of the possible ways of reducing the huge backlog of pending cases. As reported by Times of India

The recommendation of the Law Commission, made in its 229th report, to set up Supreme Courts in the original four metros as well as a Federal Court tasked with disposing of constitutional issues, was recently endorsed by Chief Justice K G Balakrishnan.

Sources said that the CJI's advocacy for four Supreme Courts has been the goad for the closer look at the nearly-forgotten recommendation of the Law Commission.

The idea to set up four Supreme Courts, or more appellate courts, in Delhi is seen as in harmony with the Constitution, for Article 130 provides that "The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President from time to time, appoint."

However, creation of a Constitutional or Federal Court in Delhi to hear only matters of grave constitutional importance would require an amendment to the Constitution, the sources said, adding the law ministry wanted to examine the Law Commission's recommendation and the suggestion made by the CJI.

In its report submitted to law minister Veerappa Moily, the Commission had said: "Whether the Supreme Court should be split into Constitutional Division and Legal Division for appeals, the latter with Benches in four regions - North, South, East and West - is a subject of fundamental importance for the judicial system of the country."

The Law Commission recommended that "a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues and four Cassation (final appeal court) Benches be set up in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and Western region at Mumbai to deal with all appellate work arising out of orders/judgments of the High Courts of the particular region."

However, the Full Court of the Supreme Court had till date rejected all proposals for setting up Benches of the Supreme Court in the South or any other region of the country.

Law Commission submits report on Dowry Death

PIB Press Release October 10 - The Chairman of the Law Commission of India, Dr. Justice AR. Lakshmanan today submitted a Report on Dowry Death to the Union Law Minister, Dr. H. R. Bhardwaj.

The question that has been examined by the Law Commission in this Report is whether Section 304-B of Indian Penal Code, should be amended to provide for more stringent punishment of death sentence to curb the menace of dowry death. This section provides for punishment of imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Although this section has come into force w.e.f. November 19, 1986 yet the incidents of dowry death have not shown any significant decline. This gave rise to demands for death sentence for the offence of dowry death in order to imbibe necessary deterrence in the law.

The Commission examined Section 304-B IPC in the light of various judicial pronouncements and critically dealt with the substantive as well as procedural aspects of the subjects. The Commission finds that the offence of murder is not the same thing as the offence of dowry death. Though death of bride may be a common element in both the offences, the absence of direct connection between the husband and the death of wife distinguished the offence of dowry death from the offence of murder. Besides, the presumptive character of the offence of dowry death and cardinal principle of proportionality as well as the underlying scheme of the Penal Code go against the proposed prescription of death sentence in case of dowry death. It may be pertinent to point out that where a case of dowry death also falls within the ambit of the offence of murder, awarding death sentence may be legally permissible. The guidelines laid down by the Supreme Court for award of death sentence, especially, the dictum of rarest of rare case, will, however, have to be adhered to in such cases.

The Commission found a lot of misgivings and misapprehension associated with the subject of dowry death. Dowry death is quite often confused with the offence of murder. There may be instances where the two may overlap with each other. This gives rise to demand for parity in the matter of sentence in both these cases. Nevertheless, the two offences are distinct and independent offences. The Commission has proceeded to spell out the finer nuances of the offence of dowry death for their better understanding and appreciation to dispel the ambiguity and confusion shrouding the notion of dowry death vis-à-vis murder. This will help in providing clarity on the subject for its correct understanding and appreciation to the concerned authorities while dealing with the cases of dowry death.

The Commission has, there, not recommended death penalty for dowry death cases. However, the Commission has favored the increasing of the minimum sentence from seven years to ten years in such cases.