Referred to Larger Bench XI: Statutory Appeals to Supreme Court

Posted on by Rudrajyoti Nath Ray

My Lord, Is it permissible and advisable to provide Statutory Appeals directly to Supreme Court, from Orders of Tribunals, on issues not affecting National or Public Interest?

“In an Article by Shri T.R. Andhyarujina [Former Solicitor General of India], ‘Restoring, Character and Stature of Supreme Court of India’, Learned Author states… Supreme Court of India must cease to be a Mere Court of Appeal to Litigants and a Daily Mentor of Government, if it is to preserve its pristine character, dignity and stature comparable to Supreme Court in other jurisdictions.

We are of view, in first instance, Law Commission may look into the matter with involvement of all stakeholders. We request Law Commission to give its report as far as possible within one year. Thereafter the matter may be examined by concerned authorities. Action taken by Central Government, after its consideration, may be placed on record. List the matter in November, 2017 before an Appropriate Bench, preferably of Three Judges, to consider the above issue.”

– Hon’ble Justice A.K. Goel, Gujarat Urja Vikas Nigam Ltd. v. Essar Power Ltd., [Civil Appeal No. 3455 of 2010].

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