Article 130 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 130 of the Constitution of India along with relevant case law.
🧾 Article 130 – Seat of Supreme Court
🔹 Text of Article 130:
“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.”
📌 Key Features of Article 130:
| Aspect | Details |
|---|---|
| Default Location | New Delhi (current and original seat) |
| Authority to Change | Chief Justice of India (CJI) |
| With Whose Approval | President of India |
| Flexibility | Supreme Court can sit in other places if so appointed |
🔍 Purpose of Article 130:
Provides constitutional flexibility for the Supreme Court to sit in locations other than Delhi.
Ensures access to justice and the possibility of decentralizing the Supreme Court for convenience and better outreach.
⚖️ Important Case Law on Article 130
1. V. Vasanthakumar v. Union of India & Others, WP(C) No. 125/2014 (Supreme Court)
Issue: A petition was filed seeking the establishment of Benches of the Supreme Court in Southern India under Article 130.
Observation: The Supreme Court acknowledged the practical difficulties of litigants from distant parts of India having to travel to Delhi. However, the Court observed that:
Setting up regional benches is a policy matter.
Article 130 does not mandate, but permits, the CJI (with the President’s approval) to appoint other places.
The Law Commission also recommended regional benches, but no executive action was taken.
2. Law Commission of India – 229th Report (2009)
Recommended four regional benches of the Supreme Court.
Emphasized that Article 130 gives enough power to establish permanent benches, but it was never acted upon by the executive or judiciary.
🏛️ Practical Application:
No alternate seat of the Supreme Court has been created so far under Article 130.
All sittings continue to be held in Delhi.
Despite several demands, especially from southern and northeastern states, Article 130 has not yet been invoked to set up regional benches.
✅ Summary Table
| Feature | Details |
|---|---|
| Article Number | 130 |
| Provision | Seat of the Supreme Court |
| Default Seat | Delhi |
| Change Possible? | Yes, by CJI with President’s approval |
| Regional Benches Established? | No |
| Key Case | V. Vasanthakumar v. UOI |
| Law Commission View | Supports regional benches using Article 130 |
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