An important legislative change, if undertaken by the central government, could potentially reduce the pendency of cases in the Supreme Court by half, believes former Supreme Court Justice AK Sikri. The radical reform that Justice Sikri outlines require the Centre to amend Article 136 of the Constitution so that cases which are at the state level and arise out of state laws are dealt with by the respective high courts instead of burdening the Supreme Court.

“There should be an amendment to Article 136. All those issues that are at the state level and arise out of state laws — why should those SLPs be allowed right up to Supreme Court? After all, the High Court of the state is the highest court of the land. Land reform, rent control, etc… They (HCs) know better what is happening there. The judgment of the High Court should be final,” he said, addressing a book launch event in Delhi.

Justice Sikri added that certain state laws carry punishments of up to 2-3 years. “Why should cases come to SC when they have already been tested at three or four stages up to the High Court. If such amendments (Article 136) are made, they could knock-off 40-50% of the cases and time available to the Supreme Court would be much more for dealing with the important cases,” he added.