Significance of Circuit Benches

Significance of Circuit Benches

The pandemic showcased the significance of fair and equal access to the Supreme Court through virtual hearings. However, now focus should be on other measures like the establishment of circuit benches.

What is circuit bench?

Circuit benches (known as circuit courts in some parts of the world) are temporary courts which hold proceedings for a few selected months in a year.

Thus cases built up during this interim period are judged when the circuit court is in session.

The Constitutional makers wanted the Court to have a specified place of sitting so that litigants can approach it.

They were also aware of the geographical constraints of India. Hence, they empowered the Chief Justice to establish circuit benches. 

The adverse impact of Fixed Location

According to a report by the Centre for Policy Research, a disproportionately high number of cases filed in the Supreme Court originated in High Courts closer to Delhi.

For instance, cases from States like West Bengal, Bihar and Andhra Pradesh, which collectively account for around a fifth of India’s total population, contribute to less than 10% of the court’s docket.

On the other hand, almost 18% of all cases in the Supreme Court originate from Punjab and Haryana, with less than 5% of the total population share.

What is virtual hearing?

A virtual hearing, also known as a remote, video or videoconference hearing is a court hearing conducted by audio-visual means where cases are progressed without the need for participants to attend the court in person. This applies to hearings that have already been listed or are in the process of being listed for any type of civil, family or criminal court case.

Benefits from virtual hearing

The virtual hearing process stems from the Supreme Court’s declared policy of increasing access to justice, and has potential in its ability to transform legal practice. The benefits are-

• The pandemic has compelled the Supreme Court to attempt to overcome physical constraints to increase access, albeit virtually.
• Litigants now have the option to engage a local lawyer of their own choice and convenience, including the same lawyer who argued their case before the lower court.
• Indeed, virtual hearings may not be the perfect alternative, but such imperfections must be preferred over denial of the right to access justice itself.