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Article Abstract

International Journal of Trends in Emerging Research and Development, 2024;2(3):06-12

Addressing the pendency of cases: Examining the proposal for a national court of appeal in India and global practices

Author : Vivek Trivedi and Ramanand Sharma

Abstract

The framers of the Constitution of India envisioned the Supreme Court to focus on complex constitutional matters. Over time, however, it has become more of a general appellate court due to a broad interpretation of Article 136. Attempts to mitigate case backlogs, such as increasing the number of judges and technological reforms have been insufficient. This paper proposes the establishment of a National Court of Appeal (NCA) with regional branches as a pragmatic and urgently needed solution. The NCA would enable the Supreme Court to refocus on its foundational purpose of addressing constitutional matters. The effectiveness of this approach is supported by comparative studies of similar legal systems around the globe. While acknowledging the merits of alternative solutions, the paper asserts that they fall short of addressing the systemic issue. It concludes by advocating strongly for the NCA, offering a balanced assessment of its merits, limitations, and feasibility within the Indian legal framework.

Keywords

pendency, national, global, practices, NCA