The Supreme Court on Wednesday referred the plea regarding setting up a National Court of Appeal to a five-judge Constitution Bench. With this, the court also quashed the Centre's decision to reject the idea of a National Court of Appeal, reported PTI.

The court was hearing a public interest litigation filed by advocate V Vasanthakumar, seeking the Supreme Court’s intervention in setting up a National Court of Appeal, with regional seats in Chennai, Mumbai and Kolkata, to decide on cases from high courts. The petitioner had argued that the move will help clear pending cases.

As of March 2015, around 61,300 cases are pending before the apex court, reported Livemint. According to the petitioner, the apex court should only entertain cases involving questions of Constitutional law and public law and not appeals against orders of lower courts in civil, criminal, labour and revenue matters.

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Vasanthakumar had first approached the Centre in 2013, but it had rejected the proposal on several grounds. The Centre said it was “neither feasible, nor desirable” and if it is set up, it will be a “self-defeating exercise as after 10 years, more number of cases will clog the system." After this, Vasanthakumar moved the apex court in February 2014.

The Supreme Court then directed the Centre to respond to his suggestion within six months. The Centre again rejected the idea, saying it would need an amendment in Article 130 of the Constitution which “is impermissible as this would change the Constitution of the Supreme Court completely.”