Supreme Court Urges Centre to Establish Permanent Consumer Courts under Article 142
- ByAdmin --
- 17 Jun 2025 --
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The Supreme Court of India has recently issued a landmark directive under its extraordinary powers granted by Article 142 of the Constitution, urging the Central Government to establish permanent consumer courts to ensure timely and effective resolution of consumer grievances. This development marks a significant step toward enhancing the country's consumer rights framework.
Background of the Directive
- Consumer Protection Act, 2019:
- The Act replaced the Consumer Protection Act of 1986 to introduce stricter measures for consumer welfare, including the establishment of consumer commissions at district, state, and national levels.
- However, the lack of permanent consumer courts and the over-reliance on ad hoc appointments has led to delays in adjudication.
- The Act replaced the Consumer Protection Act of 1986 to introduce stricter measures for consumer welfare, including the establishment of consumer commissions at district, state, and national levels.
- Consumer Rights and Judicial Redress:
- Article 21 ensures the right to life and personal liberty, which includes the right to fair treatment and justice in consumer matters.
- The Supreme Court's observation is rooted in the belief that consumer disputes deserve speedy and permanent judicial mechanisms.
- Article 21 ensures the right to life and personal liberty, which includes the right to fair treatment and justice in consumer matters.
Supreme Court’s Observations
- Role of Article 142:
- Article 142 empowers the apex court to pass any order necessary to provide "complete justice" in a case.
- The directive to establish permanent consumer courts underscores the court’s proactive role in strengthening the consumer grievance redressal system.
- Article 142 empowers the apex court to pass any order necessary to provide "complete justice" in a case.
- Challenges in the Current Framework:
- Backlogs: Thousands of cases remain pending across temporary consumer commissions.
- Inconsistent infrastructure: Ad hoc consumer courts face funding and resource shortages.
- Limited manpower: The appointment of judges and staff on a temporary basis affects judicial efficiency.
- Backlogs: Thousands of cases remain pending across temporary consumer commissions.
Key Implications of Permanent Consumer Courts
- Timely Justice Delivery:
- Permanent courts will reduce pendency by providing a consistent mechanism for resolving disputes.
- Permanent courts will reduce pendency by providing a consistent mechanism for resolving disputes.
- Boosting Consumer Confidence:
- Institutionalizing permanent courts enhances trust in the judicial system and encourages consumer participation in seeking redressal.
- Institutionalizing permanent courts enhances trust in the judicial system and encourages consumer participation in seeking redressal.
- Improved Judicial Efficiency:
- Permanent courts will streamline processes, providing a clear structure for case management and hearings.
- Permanent courts will streamline processes, providing a clear structure for case management and hearings.
- Alignment with Global Standards:
- India’s move toward permanent consumer courts aligns with international best practices in consumer protection.
Legal and Constitutional Basis
- Article 39A:
- The Directive Principles of State Policy emphasize free and speedy access to justice, including through consumer courts.
- The Directive Principles of State Policy emphasize free and speedy access to justice, including through consumer courts.
- Consumer Protection Act, 2019:
- Section 3 ensures that remedies under this Act are in addition to other laws in force, reinforcing the necessity of permanent redressal forums.
- Section 3 ensures that remedies under this Act are in addition to other laws in force, reinforcing the necessity of permanent redressal forums.
- Article 142:
- This article enables the Supreme Court to issue directives that ensure justice, such as urging the establishment of permanent courts.
Supreme Court’s Recommendations to the Centre
- Establishment of Permanent Consumer Courts:
- The court highlighted the need for a robust infrastructure for consumer courts across the country.
- The court highlighted the need for a robust infrastructure for consumer courts across the country.
- Adequate Resources and Staffing:
- Judges, legal professionals, and support staff should be permanently appointed to these courts.
- Judges, legal professionals, and support staff should be permanently appointed to these courts.
- Budgetary Allocation:
- The Centre must ensure dedicated funding for setting up and maintaining these courts.
- The Centre must ensure dedicated funding for setting up and maintaining these courts.
- Technological Integration:
- Adoption of e-filing systems and virtual hearings can complement the permanent courts, ensuring greater accessibility.
Challenges in Implementation
- Financial Constraints:
- Allocating funds for setting up and maintaining permanent courts could strain government resources.
- Allocating funds for setting up and maintaining permanent courts could strain government resources.
- Coordination between Centre and States:
- Consumer courts often require coordination at multiple governance levels, leading to potential delays.
- Consumer courts often require coordination at multiple governance levels, leading to potential delays.
- Resistance to Structural Changes:
- Shifting from temporary to permanent setups involves significant structural and administrative changes.
Conclusion
The Supreme Court’s directive under Article 142 serves as a reminder of the judiciary's role in safeguarding consumer rights. Establishing permanent consumer courts will mark a pivotal transformation in India’s consumer protection landscape. It is now incumbent on the Central Government to act swiftly and decisively to implement the Supreme Court’s recommendations, ensuring that consumers across India can access justice promptly and efficiently.
With this move, India will not only reinforce its commitment to consumer rights but also enhance its standing as a progressive nation prioritizing justice and equity for all.
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