Three Main Reasons: Why Supreme Court Judgements are losing their sanctity day by day.
It would have been much much better if this article was written by some well known Senior Advocate of Supreme Court.
They are the lighthouses of Supreme Court. It is their duty to point out these reasons to Supreme Court.
1) Different views taken by different High Courts is no ground for admitting a case in Supreme Court.
In 1982, when I joined Bar, it was enough to point out to Supreme Court that two High Courts have taken different views. Supreme Court will admit matter and will lay down correct law which will then bind all High Courts.
Now, this is not sufficient ground to admit a case in Supreme Court.
Supreme Court can still refuse to admit appeal in Art.136 on facts of case.
As a consequent, uncertainty in law will prolong among different High Courts.
2) Once two Judges Bench of Supreme Court had taken a view, if another Bench takes opposite view, then Bench has to refer the case to three judges.
Now this is not certain. The Bench which takes opposite view can still dismiss case under Art.136 on some other factual grounds.
Consequently, a wrong message goes to litigants.
3) Some times a High Court lays down an incorrect law in a case where losing party is very poor and may not be in position to contest view of High Court in Supreme Court.
The party does not come to Supreme Court and Supreme Court has no mechanism to correct such incorrect orders/Judgements on its own/ SUO MOTO.
End of this short article.
This is one sided and incomplete view. This could be incorrect also. It is possible that my perceptions may be wholly misconceived.
My intention is only to strengthen sanctity of Supreme Court Judgements by giving some feedback about how we feel.
Haresh Raichura
22/8/13