JUDGMENT :

T.S. Thakur, CJI.

1. This petition, filed in public interest, raises questions touching possible structural reforms at the highest echelons of the Indian judicial system. Similar questions have been addressed in the past not only by the Law Commission but also by this Court on the judicial side. We may briefly refer to the same to place the issues that fall for determination in proper perspective.

2. In its 14th Report dated 26th September, 1958, the Law Commission of India advocated the need for a restrained approach towards grant of special leaves to appeal against judgments and orders passed by the High Courts. The Commission felt that a liberal grant of leave to appeal had the tendency to adversely affect the prestige of the High Courts. It said:

“(13) Although the exercise of the jurisdiction under Article 136 of the Constitution by the Supreme Court in criminal matters sometimes serves to prevent injustice, yet the Court might be more chary of granting special leave in such matters as the practice of granting special leave freely has a tendency to affect the prestige of the High Courts.”

3. Then came the 95th report dated 1st March, 1984 in which the Law Commission prop