Tamil Nadu CM Vijay writes to PM Modi, seeks Supreme Court bench in Chennai
Chennai, November 4: Tamil Nadu Chief Minister Vijay has written to Prime Minister Narendra Modi seeking the establishment of a branch of the Supreme Court in Chennai and urged the Centre to take necessary steps, according to a Tamil Nadu government press release issued on Wednesday.
In his letter to the Prime Minister, Chief Minister Vijay stated that the Tamil Nadu government had assured to provide all the necessary infrastructure, including residential facilities commensurate with the rank of judges, for the establishment of a Supreme Court branch. Despite this, on August 7, 2007, the full bench of the Supreme Court found no basis for deviating from its earlier proposals.
The Chief Minister stated that the Constitution’s makers intended that every citizen, whether poor or rich, should have direct access to the courts. Article 32 was included in the Indian Constitution for this very purpose. However, over time, the right to justice under this Article has become practically limited to those who live geographically close to the Supreme Court and can afford the cost of litigation and travel to New Delhi.
He stated that citizens of South India face particular difficulties in accessing the Supreme Court due to the long distance between New Delhi and the southern Indian states. Therefore, establishing a branch of the Supreme Court in Chennai will facilitate access to justice for the people of South India.
In the letter, the Chief Minister also referred to Writ Petition (Civil) No. 36/2016 (V. Vasanthakumar vs. H.C. Bhatia & Others) filed in the Supreme Court. In the order issued on July 13, 2016, several legal issues were considered, including the establishment of separate benches of the Supreme Court. The formation of a five-judge Constitutional Bench was recommended to reach a final decision on these issues. The matter was subsequently referred to a five-judge Constitutional Bench headed by the Chief Justice of India.
Citing the importance of Chennai and Tamil Nadu’s long-standing demand, the Chief Minister urged the Supreme Court to reconsider its earlier stance and take necessary steps to secure a favorable decision in favor of establishing a branch in Chennai.
The Tamil Nadu government’s release also outlined seven key arguments in support of establishing a branch of the Supreme Court in Chennai. Chief among these is Article 130 of the Constitution, which allows the Supreme Court to sit in Delhi, as determined by the Chief Justice of India with the President’s consent. According to the release, this demand was also discussed at the 1979 Chief Justices’ Conference, but the Tamil Nadu government raised it only in 1980.
The Tamil Nadu government states that people in South India have to travel long distances to New Delhi to seek justice. Meanwhile, advocates of the Madras High Court possess advanced legal knowledge and excellent debating abilities. They are capable of meeting the requirements of the Supreme Court branch to be established in Chennai.
The release also mentions the historical legacy of the Madras High Court. Established in 1862, it is one of the oldest and most prestigious high courts in the country.
According to the Tamil Nadu government, establishing a Supreme Court branch in Chennai will demonstrate the true federal nature of the country. Furthermore, the Chief Justice of India will retain complete administrative control of such branches, ensuring that the independence of the judiciary remains unaffected.
The Chief Minister has urged the government to take a positive decision on the demand for a Supreme Court branch in Chennai, taking all these aspects into consideration.
