 bill no 257 of  2017 the constitution (amendment) bill, 2017 by ms sushmita dev, mp a bill further to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of  india as follows:—short title1  this act may be called the constitution (amendment) act, 2017amendment of article 322 in article 32 of the constitution, for the words "supreme court" wherever they occur, the words "supreme court in delhi" shall be substituted53 in article 124 of the constitution, for clause (1), the following clause shall be substituted, namely:amendment of article 124"(1) there shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than thirty judges in delhi and of not more than five judges in kolkata, mumbai and chennai"4 for article 130 of the constitution, the following articles be substituted, namely:—substitution of new articles for article 130 seat of supreme court"130 the supreme court shall sit in delhi with cassation benches in kolkata,mumbai and chennai or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appoint5130a (1) the supreme court in delhi shall exercise jurisdiction over mattersspecified in articles 131, 132, 133 and 134(2) the cassation benches in kolkata, mumbai and chennai shall exercisejurisdiction over matters specified in articles 133 and 134jurisdiction of supreme court in delhi and cassation benches in kolkata, mumbai andchennai(3) the chief justice of india shall determine the territorial jurisdiction of thecassation benches in kolkata, mumbai and chennai106 in article 133 of the constitution,—amendment of article 133(a) in clause (1), for the words "supreme court" at both the places, the words"supreme court and cassation benches" shall be substituted;(b) in clause (2), for the  words "supreme court", the words "supreme court indelhi" shall be substituted; and15(c) in clause 3, for the words "supreme court" the words "supreme court andcassation benches" shall be substitutedamendment of article 1347 in article 134 of the constitution, for the words "supreme court" wherever theyoccur, the words "supreme court and cassation benches" shall be substituted208 in article 134a of the constitution, in the marginal heading, for the words, "supreme court" the words "supreme court and cassation benches" shall be substitutedamendment of article 134a statement of objects and reasonsthe appellants are already burdened and are further shunned to face the ordeal of having to travel thousands of kilometers to the seat of the supreme court in delhi for their trial and the consequent follow up of their cases the costs borne by these appellants for access to justice also increase drastically in having to approach delhi this financial burden acts a deterrent for appellants to access this highest court of appeal their right to appeal is inherent in the judicial system of india and must not be constrained and be reduced to an illusory rightthe indian judicial system currently suffers from a heavy backlog at the moment, and the creation of these benches will help reduce the backlog and will also help increase the efficacy of the bench in delhi the plight of persons awaiting trial needs to be understood and addressed it is not just the wastage of time, but also an increased financial burden that has to be borne by all parties involvedarticle 130 of the constitution of india envisages that the supreme court shall sit in delhi or in such other place or places as the chief justice of india may with the approval of the president from time to time appoint the language of the article clearly indicates that there was an intention of the constituent assembly to have more than one seat of the supreme courtthe bill, therefore, seeks to amend the constitution with a view to establish cassation benches of supreme court in kolkata, mumbai and chennaihence this billnew delhi;sushmita  devnovember 28, 2017 financial memorandumclause 4 of the bill provides for establishment of cassation benches of supreme court in kolkata, mumbai and chennai clause 3 provides for the appointment of not more than five judges in the cassation benches of supreme court in kolkata, mumbai and chennai the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india in implementing the provisions of the bill it is likely to involve an annual recurring expenditure of about rupees one thousand core from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees five hundred crore in likely to be involved annexure extract from the constitution of india32 (1) the right to move the supreme court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteedremedies for enforcement of rights conferred by this part(2) the supreme court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part(3) without prejudice to the powers conferred on the supreme court by clauses (1)and (2), parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the supreme court under clause (2)(4) the right guaranteed by this article shall not be suspended except as otherwise provided for by this constitution124 (1) there shall be a supreme court of india consisting of a chief justice of india and , until parliament by law prescribes a larger number, of not more than seven 2 other judgesestablishment and constitution of supreme court130 the supreme court shall sit in delhi or in such other place or places, as the chief justice of india may, with the approval of the president, from time to time, appointseat of supreme court133 (1) an appeal shall lie to the supreme court from any judgement, decree or final order in a civil proceeding of a high court in the territory of india if the high court certifies under article 134a—(a) that the case involves a substantial question of law of general importance;andappellate jurisdiction of supreme court in appeals from high courts in regard to civil matters(b) that in the opinion of the high court the said question needs to be decided by the supreme court] (2) notwithstanding anything in article 132, any party appealing to the supreme court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this constitution has been wrongly decided(3) notwithstanding anything in this article, no appeal shall, unless parliament by law otherwise provides, lie to the supreme court from the judgement, decree or final order of one judge of a high court134 (1) an appeal shall lie to the supreme court from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india if the high court—(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; orappellate jurisdiction of supreme court in regard to criminal matters(b) has withdrawn for trial before itself any case from any court subordinate toits authority and has in such trial convicted the accused person and sentenced him to death; or(c) certifies under article 134a that the case is a fit one for appeal to the supreme court:provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the high court may establish or require(2) parliament may by law confer on the supreme court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india subject to such conditions and limitations as may be specified in such law134a every high court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,—certificate for appeal to the supreme court(a) may, if it deems fit so to do, on its own motion; and (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case] lok  sabha———— a billfurther to amend the constitution of india————(ms sushmita dev, mp)