Referred to Larger Bench XI: Statutory Appeals to Supreme Court

My Lord, Is it permissible and advisable to provide statutory appeals directly to the Supreme Court, from orders of Tribunals, on issues not affecting national or public interest or other aspects of statutory framework in respect of Tribunals?

In an Article by Shri T.R. Andhyarujina former Solicitor General of India, titled ‘Restoring the Character and Stature of the Supreme Court of India’, the learned author states… the Supreme Court of India must cease to be a mere Court of Appeal to litigants and a daily mentor of the Government, if it is to preserve its pristine character, dignity and stature comparable to the Supreme Court in other jurisdictions.

We are of the view that in the first instance the Law Commission may look into the matter with the involvement of all the stakeholders. We request the 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 the 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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