Article 130
Also called: Seat of the Supreme Court · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
Article 130 of the Constitution says where the Supreme Court sits, meaning where it holds its hearings. The Court sits in Delhi. It may also sit in any other place or places that the Chief Justice of India (CJI) chooses, but only with the President's approval. This means no constitutional amendment is needed for the Supreme Court to hear cases outside Delhi. It matters because a Court that sits only in Delhi is costly and hard to reach for litigants (people who bring or defend a case) from far-off parts of India. For this reason, Article 130 is the constitutional basis for proposals to set up regional benches of the Supreme Court. A regional bench is a group of Supreme Court judges who would sit and hear cases in another city.
Example
In 2023, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice found that a Delhi-centred Supreme Court is a big hurdle for litigants from distant regions. Relying on Article 130, it recommended regional benches in four or five places to hear appeals, while constitutional matters would stay in Delhi.
Don't confuse with
- National Court of Appeal: this is a proposal for a separate new court to hear appeals, sitting below the Supreme Court. Benches set up under Article 130 would still be the Supreme Court itself, just sitting in another city.
- Article 231 (common High Court): this lets one High Court serve two or more states, such as Gauhati for four north-eastern states. It is about High Courts, not about where the Supreme Court sits.