Public Confidence in Courts

“A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law – in the larger sense – cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.”

• Chief Justice of the Usa – Warren E Burger noted in an address to the American Bar Association in 1970

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PM Narendra Modi on Ease of Justice

It is good to see that the PM Narendra Modi while speaking at the National Conference on Strengthening Legal Aid Delivery Mechanisms and the celebration of Legal Services Day organised by the National Legal Services Authority (NALSA) in New Delhi said on November 8, 2025 most sagaciously that:

Justice becomes truly accessible and timely only when it reaches every individual without regard to their social or economic background. That is when the foundation of social justice is truly strengthened. “Ease of doing business” and “ease of living” would remain incomplete without “ease of justice”.

But when will discrimination in distribution of High Court Benches in different States and different regions end by honestly implementing the 230th Report of the Law Commission of India after more than 16 years of it being submitted prepared by panel of legal experts under Chairmanship of former Supreme Court Judge and an eminent jurist – Late Dr Ar Lakshmanan? Doing just lip service alone tantamount to empty rhetoric and will not take us anywhere but is the surest recipe to disaster!

Centre’s Culpability in Denying High Court Bench to West UP

The prominent view is that Centre is fully culpable for depriving West UP from having even a single High Court Bench not even a Circuit Bench just like in Purvanchal and Bundelkhand! Centre needs to think hard and deep that why it has so irrationally deprived West UP from having even a single Bench? How long will Centre keep appeasing naysayers who most vehemently oppose the setting up of even a single Bench in West UP for serving their own vested interests?

Population, Caseload, and Irrational Discrimination

What’s most striking is that Centre has been non-repentant and least bothered in depriving West UP from having even a single Bench not even a Circuit Bench even though population of West UP is more than nearly all States in India except UP itself and one or two and so also owes for majority of pending cases of Allahabad High Court which is maximum in not just UP but among all regions of India and still both High Court and a single Bench are in Eastern UP alone which tantamount to absolute absurdity of the highest order!

• No Bench for West UP despite highest pending cases
• Both High Court institutions located in Eastern UP only
• Litigants forced to travel extremely long distances unnecessarily

How can any person in his right senses ever justify it on any pretext whatsoever? Centre’s lame excuses forwarded to deny West UP even a single Bench belies the clear writing on the wall and the ground reality sending a clear message that Centre is damn bothered for the huge inconvenience faced by litigants of West UP just like those of hilly areas of undivided UP and when they agitated and so many people died then for same hilly areas for whom not even a Circuit Bench was earlier conceded then separate High Court and separate Statehood itself 25 years ago on November 9, 2025! This dubious, double standard approach of Centre must end now once and for all!

CJI’s Remarks and the Ground Reality

It would be instructive to note that CJI Hon’ble Mr Justice BR Gavai in this very occasion hastened to add that:

I am reminded about “Gandhiji’s talisman” to recall the face of the poorest and the weakest person we have seen and ask ourselves if the step we contemplate will be of any use to them. Justice is not a privilege of the few but a right of every citizen, and that our role, as judges, lawyers, and officers of the court, is to ensure that the light of justice reaches even the last person standing at the margins of society. The success of the legal service movement is not determined by statistics or reports, but by faith of common people who feel somebody is there to stand by them in time of distress. The strength of a just society lies in our ability to foresee where injustice may arise, and to reach there before it does.

Absolutely right. But the biggest tragedy and most unpalatable truth is that the dire need for a High Court Bench in West UP felt since independence and yet even after nearly 80 years no one is listening neither Centre nor even Apex Court which is last ray of hope for the people!

Tragedy of Bench Denial in Multiple Regions

Most disappointingly, we see that the sagacious words of Hon’ble CJI Mr Justice BR Gavai don’t translate into action in West UP, lawless Bihar, Purvanchal, Bundelkhand and Orissa where there is not even a single Bench, not even a Circuit Bench! Why this key issue affecting so many States and regions has been hanging in the balance for so long? Such a most legitimate and compelling demand cannot be “shirked casually” as Centre has been doing most horribly since last about 80 years!

UP vs Maharashtra: A Stark Contrast

It would be definitely unfair to say that Maharashtra should never have even a single High Court Bench or should have just a single High Court Bench because it is a big State but definitely it would be fair to say that Uttar Pradesh which is biggest State of India with maximum number of pending cases and maximum population which is more than twice that of Maharashtra should have maximum High Court Benches but it does not have even multiple High Court Benches and yet Centre is openly discriminating without any sense of regret or remorse by ensuring that Uttar Pradesh has just one High Court Bench created 78 years ago so close to Allahabad High Court at Lucknow in Eastern UP only and litigants of West UP attached with not even Lucknow which falls much earlier but right uptill Allahabad which is most far away even though it is West UP which owes for majority of pending cases of UP and yet has been most unfairly deprived from having even a single High Court Circuit Bench even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent seat of High Court Bench in West UP in Agra about 50 years ago yet not created even after 50 years which makes for most depressing reading!

• UP has only 1 Bench vs Maharashtra having multiple
• UP population > Twice Maharashtra
• West UP = maximum pending cases, zero benches

It is most hard to figure out that what exactly Centre is gaining by depriving West UP from having even a single High Court Bench except political mileage in Eastern UP which has both High Court at Allahabad and a single Bench at Lucknow so close to each other and most atrociously litigants of West UP attached with not even Lucknow which falls much earlier but right uptill Allahabad which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants of West UP who are made to suffer the most even though it is West UP which contributes maximum to State’s economy and cases pending also maximum in majority from West UP yet Centre cares a damn for it! Why is Centre in no mood to mount even a damage control exercise for most mercilessly denying West UP even a single Bench for so long?

Introduction

It is definitely most deeply anguishing to see that the lawyers of 22 districts of West UP out of total 30 districts with more than 10 crore people have been so unitedly agitating for a High Court Bench with full discipline since last about 80 years of independence and I myself have been personal witness to this most sacred agitation since last about 25 years in Meerut yet most disappointingly to no avail!

As recently as on 20 September, 2025, the lawyers of West UP of 22 districts protested and held dharna and protested against the step-motherly treatment accorded to West UP with some young lawyers even attempting to pour kerosene on themselves in frustration but saved in time by others as has happened many times in past also because once again Maharashtra which already had multiple High Court Benches at Aurangabad, Nagpur and Panaji was given one more at Kolhapur for just 6 districts and population not touching even 2 crores but West UP with 30 districts and more than 10 crores people has not even a single Circuit Bench!

Now on November 15, 2025, lawyers of 22 districts of West UP will again meet in Kairana to chalk out the future strategy on how to take the most compelling demand for a High Court Bench in West UP to its logical conclusion!

Discrimination in Bench Allocation

Out of turn creation of High Court Bench in Kolhapur in Western Maharashtra for just 6 districts for whom no Justice Jaswant Singh Commission or any other Commission recommended anything and depriving West UP comprising of 30 districts for whom Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent seat of High Court Bench in West UP yet Centre most partially has not allowed even a single High Court Circuit Bench which is definitely most third rated absolutely worst discrimination!

This is definitely most disgusting indeed and presents a most disturbing picture of the sorry state of affairs and “open slaughtering of justice and equality” yet Centre is not doing anything on this even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself about 50 years ago recommended permanent seat of High Court Bench in West UP at Agra yet not created till date anywhere in West UP and on its recommendation one High Court Bench already created at Aurangabad in 1980s itself for just about 7 districts then!

At this pivotal moment, Centre needs to aggressively pursue the key issue of setting up of High Court Bench in West UP to its logical conclusion! If Centre does not act, then it is Supreme Court which must take suo motu cognizance of it which it is fully empowered to do!

Impact on Litigants of West UP

• Denied even a single Bench or Circuit Bench.
• Forced to travel whole night and a day to Allahabad.
• Affordable justice remains a distant reality.
• Poor litigants suffer the most.

How long will the litigants of West UP be made a convenient scapegoat by being denied even a single Bench or Circuit Bench? It is imperative for Centre to never gloss over that it has a non-derogable obligation to ensure that litigants of West UP get affordable justice which is possible only by creation of a High Court Bench in West UP! Perhaps, most tellingly, Centre finds nothing wrong in poor litigants travelling whole night and nearly a day all the way to Allahabad by train which makes me hang my head in shame!

Pending Cases and Existing Benches

State Comparison of High Court Benches

State	Population / Area Significance	Pending Cases Status	Existing High Court Benches
Uttar Pradesh	Most populated; highest litigation load	Maximum pending cases in India	Only 1 bench at Lucknow (near Allahabad)
Maharashtra	Less than West UP in population terms	Multiple benches despite smaller district coverage	Aurangabad, Nagpur, Panaji, Kolhapur
Rajasthan	Largest state by area	High pendency	Only Jaipur
Bihar	Large state; law and order concerns	Heavy pendency	No bench
Odisha	Large state	Significant pendency	No bench

As readers would be aware, it is beyond a straw of doubt a matter of supreme irony and should not go unnoticed that the most populated State of India that is Uttar Pradesh which tops the State list with maximum number of pending cases has just one High Court Bench at Lucknow so close to Allahabad in Eastern UP created 78 years ago in July 1948 and West UP which owes for majority of pending cases of Allahabad High Court has been attached with not even Lucknow which falls much earlier but right uptill Allahabad to seek justice which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants of 30 districts of West UP!

I will say without any hesitation that unarguably it is UP which must have maximum High Court Benches yet has only one and that too so near to Allahabad High Court at Lucknow and still litigants of West UP attached not with Lucknow which is closer but with Allahabad which is much far away!

How can Centre in its right senses ever reconcile with the irrefutable fact that big States like UP which tops the State list in having maximum number of pending cases and still has just one Bench and that too so close to Allahabad at Lucknow created 78 years ago and so also another State Rajasthan which is biggest State areawise has also just one High Court Bench at Jaipur only with High Court at Jodhpur! Another big State lawless Bihar and so also Orissa have not even a single High Court Bench most astonishingly?

Call to Action

To survive and thrive, India must go beyond empowering just five elite States – Karnataka, Maharashtra, Madhya Pradesh, Assam and West Bengal with multiple High Court Benches leaving all other 24 States in the cold without any prima facie reason for the same not sparing even UP, Rajasthan and lawless Bihar among others!

Centre must act now or risk falling irreversibly behind! Centre’s approach is definitely not in consonance with what is enshrined in Article 14 of Constitution! Being the world’s largest democracy, it is high time that the merciless discrimination in distribution of High Court Benches in different States and different regions is abolished most promptly altogether as it brooks no more delay any longer now!

Centre’s Step-Motherly Treatment of West UP

Most disconcertingly, we see that Centre’s step-motherly treatment for big States like UP, lawless Bihar and Rajasthan and Orissa is starkly evident! The most telling part is: Even Apex Court has never spared time to catch the bull by the horns by taking suo motu cognizance of such a most pressing issue directly concerning judiciary itself! The soul of Indian Constitution that is Article 14 envisaging right to equality as fundamental right is being trampled upon most ruthlessly by Centre in depriving West UP from having even a single Bench yet Apex Court is not willing to take suo motu cognizance of it!

Supreme Court: Final But Not Infallible

This alone explains why it is so famously said that: Supreme Court is final but definitely is not infallible.”

It would be prudent to recall that Richard Allen Posner who is a great legal luminary and former American Judge once most sagaciously noted that: It is better for us to view Judges as humans, not as ‘a Promethean, intent on changing the world, or a saint, devoid of human weaknesses, biases, and foibles’.”

If Supreme Court had ordered creation of 3 High Court Benches in undivided UP at Dehradun, Nainital and Agra as recommended by Justice Jaswant Singh Commission headed by former Supreme Court Judge about 50 years ago, UP would never have been partitioned 25 years ago as people would not had to travel thousands of kilometers all the way till Allahabad to seek justice which was the worst injustice ever committed on earth yet Apex Court never took suo motu cognizance of it!

A Long-Festering Issue Directly Pertaining to Judiciary

How long will Apex Court also like Centre keep its eyes shut on such a long festering key issue directly pertaining to judiciary itself? How long will denial of a High Court Bench in West UP go unimpeded? Whether this is result of design, neglect or whim, Centre’s approach in handling this Bench issue in West UP cannot be seen as anything other than deliberate mishandling which has turned out to be most counterproductive!

Centre’s Partiality and Article 14 Violation

The unspoken yet ostensible truth is that Centre has been most partial in ensuring that only five elite States alone have multiple High Court Benches which in itself makes a complete mockery of Article 14 of Constitution and that too for very few districts while depriving 30 districts of West UP from having even a single Bench for so long!

• West UP: 30 districts, 10+ crore population → No Bench
• Maharashtra and other elite States → multiple High Court Benches
• Discriminatory denial continues since ~80 years

There is a growing disillusionment among the litigants of West UP as they feel that they have been most unfairly relegated to the margins by being deprived from having even a single High Court Bench not even a Circuit Bench! The question to ask is: How long will Centre keep sitting pretty relaxed even after watching worst discrimination under its nose knowing fully well that Apex Court has left everything on Centre which is just not ready to do anything in this regard since last about 80 years! If one thinks deeper and introspects analytically, one cannot resist oneself from arriving at the logical palpable conclusion that there is more to it than meets the eye!

Supreme Court’s Duty to Ensure Faster Justice

It must be recalled that in Salem Bar Association v Union of India (2010), the Supreme Court affirmed that it is the judiciary’s constitutional duty to make justice delivery faster, more efficient and accessible.

It is truly incomprehensible that why CJI Hon’ble Mr Justice BR Gavai has not objected to his home State that is Maharashtra being granted one more High Court Bench which is fifth in Kolhapur for just 6 districts with less than 2 crore population but West UP with more than 10 crore population and 30 districts being denied even a single Bench not even a Circuit Bench even though Justice Jaswant Singh Commission recommended permanent seat of High Court Bench for West UP in Agra yet not created till date most astoundingly? It is about time that he acts on this before hanging his boots on November 23, 2025!

Denial of even a single High Court Bench to West UP despite Justice Jaswant Singh Commission headed by former Supreme Court Judge emphatically recommending not a Circuit Bench but a permanent Bench about 50 years ago yet not created till date and Supreme Court not taking suo motu cognizance of this worst discrimination is symptomatic of a deeper malaise in our judicial system which is not hidden from anyone!

Continued Denial by Centre Is Absurd and Unjustified

How long will Centre deem it convenient to brush this most burning issue under the carpet? Denial of even a single Bench to West UP is bereft of any logic and is nothing but absolute absurdity of the highest order! What actually stands out is Centre’s deliberate discarding of the most legitimate demand for a High Court Bench in West UP!

Irrational Exclusion of Big Deserving States

What definitely mystifies me most to note is: Why Centre has deprived most deserving big States from having maximum or multiple or even one Bench so callously and most irrationally and yet Apex Court never says a word on it? Centre must allow itself a moment of deep introspection as to what purpose is served by depriving West UP and lawless Bihar from having even a single Bench not even a Circuit Bench! While other issues are undeniably important but deliberately sidelining most key issue of setting up of High Court Benches in needy States and needy regions cannot be ever justified or condoned under any circumstances!

High Court Bench Issue in West UP

What I find particularly most disquieting and most troubling is that Centre is pretty relaxed about West UP with more than 10 crore people being deprived from having even a single High Court Bench of West UP! The question today is: How long will Centre take to address the genuine grievances of litigants of West UP especially being wrongly and most unfairly deprived from having even a single High Court Bench despite Justice Jaswant Singh Commission recommending most strongly for permanent seat and still not even a Circuit Bench created till date as created in Kolhapur in Western Maharashtra for just 6 districts even though West UP has 30 districts and more than 10 crore people?

So many compelling reasons are there which are more than enough to drive home my point that West UP most desperately needs a High Court Bench but Centre is turning a cold shoulder to it till date since last about 80 years of independence which definitely cannot be ever justified under any circumstances!

Centre Must Act Without Delay

At this moment, Centre must pull up its socks and take the requisite steps needed to pave the way for the creation of a High Court Bench in West UP which is long overdue! At any given point in time, the denial of a High Court Bench to West UP cannot be ever justified on any pretext whatsoever!

What keeps playing upon my mind tormenting my peace is: Why is Centre most comfortable in not just allowing but also facilitating and ensuring the perpetration of most atrocious discrimination in distribution of High Court Benches in different States and different regions?

Discrimination in Distribution of Benches

The bitter unpalatable truth is: Centre has favoured open worst partiality in distribution of High Court Benches in different States and different regions as I have just pointed out!

• Why is Centre falling head over heels to appease five elite States only – Maharashtra, Karnataka, West Bengal, Assam and Madhya Pradesh?
• Why should they alone have multiple High Court Benches?
• What is happening in our country?

Who is masterminding such senseless discrimination perpetrated in distribution of Benches in different States and different regions? How long will Centre maintain a studied silence on it?

Impact on West UP

My conscience gets completely shaken to the hilt to see how Centre has most ruthlessly and most irrationally discriminated in distribution of High Court and High Court Benches and High Court Circuit Benches in different States and different regions for nearly 80 years and God knows for how long will this mindless discrimination continue?

What I find most jaw dropping to note is that Centre is depriving West UP from having even a single Bench even though it owes for majority of pending cases of Allahabad High Court and so also maximum for any region of India!

Comparative Legal & Population Analysis

From a legal standpoint:

State / Region	No. of Benches	Population / Relevant Facts
Maharashtra	Multiple	Not the most populated; fewer pending cases than UP
Uttar Pradesh (West UP)	0 in West UP	Maximum pending cases; more than 10 crore population
Bihar	0	More population than Maharashtra
Rajasthan	1	Large geographical area

I often find myself battling with a moot question: Why is Centre so hell bent in denying West UP even a single Bench and thwarting all chances of creating even a Circuit Bench most spinelessly without any remorse or regret?

Perhaps the saddest part is even Apex Court has not stepped forward to ensure that West UP gets a High Court Bench which it so richly deserves also! This Bench issue in West UP will refuse to die down unless and until it is addressed permanently by creating a High Court Bench in any district of West UP!

Kolhapur Bench Comparison

By the way, Maharashtra is not most populated State of India nor has maximum number of pending cases and still has so many High Court Benches while big States like UP and Rajasthan having only one each and lawless Bihar with more population than Maharashtra not even one and UP which has more than double the population of Maharashtra has just one and that too so close to Allahabad at Lucknow and litigants of West UP attached with not even Lucknow but right uptill Allahabad which means whole night and nearly a day wasted in just travelling alone about 700 to 750 km on average by train while Kolhapur and adjoining districts averages 350 to 380 km and still one more High Court Bench in Kolhapur for just 6 districts started functioning from Aug 18, 2025!

Why is Supreme Court not taking suo motu cognizance of non-implementation of Justice Jaswant Singh Commission report in West UP even after horrible partition of UP 25 years ago due to this reason only and with what face has it allowed fifth High Court Bench in Kolhapur for just 6 districts whose population is more than 10 times less than that of West UP for whom Justice Jaswant Singh Commission recommended permanent seat of High Court Bench about 50 years ago is most startling indeed?

All I am saying and submitting is: For how long will West UP be deprived from having not just a permanent seat of High Court Bench but even a Circuit Bench so spinelessly and so sinisterly by Centre with Apex Court leaving litigants of West UP at whims and fancies of Centre as we have seen since last about 80 years?

Issue of High Court Benches in Uttar Pradesh and Bihar

What remains beyond debate is that it is UP and lawless Bihar which deserves maximum High Court Benches yet UP has just one and lawless Bihar has none! How can Centre keep turning a blind eye to the clear writing on the wall? What intrigues me most is: Why has Centre made it a prestige issue that it will always ensure that only few elite States have multiple High Court Benches and in UP it will only be Eastern UP which will alone have both High Court at Allahabad and a High Court Bench just adjacent at Lucknow and nowhere else in Purvanchal or Bundelkhand?

Key Questions Raised

• What purpose is it serving?
• What is Centre trying to achieve by doing so?
• Whom is Centre appeasing?
• Why Centre has been most mercilessly bulldozing the most legitimate and most compelling demand for a High Court Bench in West UP?
• Why creation of a High Court Bench in West UP is so cumbersome?

Lawyers’ Protests and Strikes in West UP

It must be mentioned here that the lawyers of few districts under Agra are protesting separately and they too are demanding nothing but just High Court Bench in West UP! When I just landed in Meerut in 2001, the lawyers of West UP were on 6 months strike and in 2014-15 also we saw 6 months strike apart from strike every Saturday since May 1981 till November 2025 due to most unjustified denial of even a single High Court Bench to West UP apart from so many padyatras and hunger strikes etc! It is jaw dropping to note how irrationally Centre has chillingly deprived West UP from having even a single Bench not even a Circuit Bench!

Centre’s Response Concerns

Whom is Centre fooling and for how long will it keep fooling? Why all successive governments in power in Centre in last about 80 years have either downplayed or disregarded or discarded the most compelling and most legitimate demand for a High Court Bench in West UP even though it is West UP which owes for majority of the pending cases of Allahabad High Court? The point that still remains is: Why is Centre not taking any decisive and tangible step to set in motion the process of creating a High Court Bench in West UP and remove all the cobwebs that come in the path of moving forward to lay the groundwork of creating a High Court Bench in West UP?

Role of Supreme Court and Distribution Discrimination

It would be unfair and naive not to recognize that even Apex Court itself since last about 80 years have given open green signal to Centre to most horribly discriminate in the distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions with impunity without ever being held accountable whatsoever in any manner! I am at my wits end to comprehend that what is wrong with the Apex Court which has never bothered to ever take suo motu cognizance of such a serious long festering issue!

Constitutional Equality Concerns

It distresses me most to see that Apex Court which is custodian of fundamental rights like right to equality as enshrined in Article 14 of Constitution is also since last about 80 years sitting pretty relaxed with folded hands leaving litigants of 30 districts of West UP at whims and fancies of Centre just like in case of litigants of hilly areas of undivided UP who too had to travel thousands of kilometers all the way till Allahabad High Court most mercilessly despite the irrefutable fact that Justice Jaswant Singh Commission recommended two High Court Circuit Benches at Dehradun and Nainital yet not one created which was the prime reason for the demand of separate Statehood gaining currency and ultimately when huge agitations broke out, we saw separate Statehood itself was granted 25 years ago for hilly areas of undivided UP with just 88 lakh people and so also separate High Court at Nainital! Does Centre want one more partition of UP?

Urgent Call for Course Correction

What is Supreme Court meant for when right to equality as enshrined in Article 14 of Constitution is trampled upon most horrendously and most mercilessly by Centre by shamelessly perpetrating most third rated worst discrimination perpetrated in distribution of High Courts, High Court Benches and High Court Circuit Benches in different States and different regions without any rhyme or reason? The sole hegemony of few elite regions like Eastern UP having both High Court at Allahabad and a single High Court Bench at Lucknow so close to each other is continuing uninterrupted for nearly 80 years and so also few elite States like Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam is continuing uninterrupted and yet Supreme Court by never taking suo motu cognizance of it has disgraced itself most horribly leaving its reputation in tatters on this front! It definitely merits course correction at earliest to salvage its lost reputation on this count and must do some honest and serious self introspection on it!

Supreme Court Criticism on High Court Benches Issue

Many people consider Supreme Court to be biggest culprit in not calling a spade a spade and not taking Centre to task for acting so foolishly, fraudulently and fiendishly without any bona fide ground on this key issue! It was very rightly held by the Apex Court in Mahipal vs Rajesh Kumar AIR 2020 SC 670 that:
Justice should not only be done but manifestly seen to be done.

People openly talk now that Supreme Court has attained complete mastery in allowing Centre to most mercilessly discriminate in distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions and without ever being held accountable in any manner by anyone including Supreme Court on whom people rely as last ray of hope! How can Supreme Court allow Centre to make a complete mockery of what equality as enshrined in Article 14 of Constitution stands for? Supreme Court has definitely disgraced itself most openly on this count!

Judicial Activism and Constitutional Responsibility

In this regard, it would be prudent to recall that while most strongly disagreeing with criticism that judicial activism often results in encroachment of the turfs of legislature and executive, Hon’ble Mr Justice Surya Kant said precisely that:
When courts act to empower the powerless, grounded in constitutional text and moral clarity, they do not usurp democracy, they deepen it.

Absolutely right! There can be just no denying or disputing that the Indian Constitution had empowered the judiciary, which in turn protects and nurtures the Constitution.

Reference to Kesavananda Bharati Case

To be sure, Hon’ble Mr Justice Surya Kant while referring to landmark 13-judge judgment in Kesavananda Bharati case in 1973 observed: “That judgment transformed the judiciary from a mere interpreter of the Constitution into its guardian.” Perhaps the saddest part is that even Apex Court so far has not demonstrated any interest whatsoever in resolving this long lingering key issue of setting up of a High Court Bench in West UP! The most critical question that needs to be addressed is: How long will this long festering High Court Bench issue in West UP over an inordinately long period of time keep lying unaddressed?

Discrimination in Allotment of High Court Benches

• Why is Centre also so infatuated with only few elite five States being granted multiple High Court Benches?
• Why other States are being overlooked for having multiple High Court Benches?
• Why is Apex Court also never taking Centre to task for such an open discrimination that has been perpetrated in judiciary itself?

The most fundamental question to ask here is: How long will Centre keep inventing lame excuses to deny West UP even a single Bench?

The moot question that begs an answer is: Why a permanent solution in such an “open and shut” case is remaining elusive and stalemate persisting for nearly 80 years of independence defies logic and is truly incomprehensible? Centre’s complete lackadaisical approach in not addressing this burning issue for so long has thrown up more questions than answers!

Justice Jaswant Singh Commission and Historical Hypocrisy

In all fairness, the elephant in the room is Centre which is just not taking any interest whatsoever in resolving it even as suggested by Justice Jaswant Singh Commission appointed by Centre itself!

Centre’s stand on creating a High Court Bench in West UP in last nearly 80 years reeks of hypocrisy of the highest order by being most unfairly deprived of the same and not taking an year after independence to ensure that Eastern UP which already had High Court at Allahabad was bestowed High Court Bench at Lucknow so close to Allahabad in July 1948! This hypocrisy stands exposed also before the whole world and is not hidden from anyone!

Impact on Litigants of West UP

Most disconcertingly, we see that Centre till date has taken no tangible and credible step to resolve this long pending issue of most pressing demand for a High Court Bench in West UP which has only served to deprive litigants of 30 districts of West UP from achieving “easy and affordable justice at doorsteps” which makes for most depressing reading and Centre has definitely not crowned itself with glory by doing absolutely just nothing on it since last about 8 decades!

Centre should not ever forget that Appa Rao’s “Desamante matti kaadoi, desamante manushuki” which literally means that:
A country is not just its soil, a country is its people.

Centre should also not forget Verse 542 of Thirukkural – “Vaanokkivaalum ulakellaam mannavan koalnokki vaalung kuti” which literally means that:
Just as living beings live expecting rains, citizens live expecting good governance.

Uprising Concern and Public Frustration

Why Centre considers even a single High Court Bench and even a Circuit Bench to West UP as “utopian dream” is truly incomprehensible and most frustrating to watch which gets compounded even more when Apex Court itself displays most atrocious deafening silence on it?

What has shaken “national conscience” is that lawless Bihar with more population than Maharashtra which has so many High Court Benches has not even a single Bench not even a Circuit Bench just like West UP!

Why Centre finds itself in a predicament in an “open and shut” case? By any measure, it is West UP which is in dire need for a High Court Bench in West UP and the flaws of denying a Bench are now quite ostensible yet Centre wants to do absolutely just nothing on it!

Denial Of High Court Bench For West UP

It is definitely absolutely mind blowing and most baffling to see that West UP whose area of 98,000 square km is even more than that of Bihar of 94,000 square km which has High Court but West UP with more than 10 crores people has not even a single High Court Bench nor even a single High Court Circuit Bench yet neither Centre which gets people’s mandate nor Supreme Court which is the final custodian of protecting the fundamental rights of people ever bother to even seriously think about it!

The population of West UP is more than nearly all the States in India yet has not even a single Bench!

Pragmatically speaking, it would have been far much better if West UP with 30 districts and more than 10 crores people had multiple High Court Benches or ideally a separate High Court itself!

Comparative Overview: West UP And Bihar

Region	Area (Square Km)	Population (Approx.)	High Court	High Court Bench / Circuit Bench	Number Of Districts (As Mentioned)
West UP	98,000	More than 10 crores	No separate High Court	Not even a single High Court Bench nor a single High Court Circuit Bench	30
Bihar	94,000	Not specified	Has High Court	Not specified	Not specified

Alleged Article 14 Violation And Absence Of Circuit Bench

But what is most bone-chilling and gut wrenching to note is that West UP still most horribly does not have even a single High Court Circuit Bench since last nearly 80 years of independence despite owing for majority of pending cases of Allahabad High Court and a huge population of more than 10 crores and 30 districts yet Apex Court has never dared to ever willingly take suo motu cognizance of this “open fraud”, “open dacoity” and “open molestation” with what is enshrined in Article 14 of Constitution pertaining to “right to equality” which is a fundamental right for all the citizens of India even though it is the final custodian of the Constitution and of protecting legal and constitutional rights of all citizens of India and is fully empowered to do so and cannot wash off its own role by throwing the ball of decision making in the court of Centre and itself be in hibernation mode for centuries as we have been seeing till now when 100 years of independence is standing just at the doorsteps!

Will Supreme Court keep waiting till thousand years for Centre to act? This is the real rub and is only serving to tarnish and discredit the otherwise impeccable reputation of Apex Court in speaking up for the deprived, poor and needy!

Consequences For Litigants Of West UP

• West UP still most horribly does not have even a single High Court Circuit Bench since last nearly 80 years of independence despite owing for majority of pending cases of Allahabad High Court.
• It has a huge population of more than 10 crores and 30 districts yet Apex Court has never dared to ever willingly take suo motu cognizance of this “open fraud”, “open dacoity” and “open molestation” with what is enshrined in Article 14 of Constitution pertaining to “right to equality”.
• Supreme Court is the final custodian of the Constitution and of protecting legal and constitutional rights of all citizens of India and is fully empowered to do so and cannot wash off its own role by throwing the ball of decision making in the court of Centre.
• This is the real rub and is only serving to tarnish and discredit the otherwise impeccable reputation of Apex Court in speaking up for the deprived, poor and needy.

Constitutional Duty And Alleged Discrimination

By any reckoning, every person with even a minimal of knowledge on Constitution knows fully well that Supreme Court is duty bound to act and speak up for litigants of 30 districts of West UP with more than 10 crores people and so also of lawless Bihar which has not even a single High Court Circuit Bench and in stark contrast, smaller States like Karnataka have multiple High Court Benches without any prima facie reason yet never seen any suo motu cognizance being taken by Supreme Court even though it directly pertains to judiciary itself which definitely makes for most depressing reading!

It is a no-brainer that the merciless, unjustified and absurd discrimination perpetrated in distribution of High Courts and High Court Benches and High Court Circuit Benches in different states and different regions cannot be ever justified under any circumstances!

It is an unfortunate remnant of deeply entrenched bias not set right even after nearly 80 years of independence that urgently needs to be consigned to the past!

The importance and urgency of West UP having a Bench cannot be overstated!

Key Points On Distribution Of High Courts And Benches

• Supreme Court is duty bound to act and speak up for litigants of 30 districts of West UP with more than 10 crores people.
• Lawless Bihar has not even a single High Court Circuit Bench.
• In stark contrast, smaller States like Karnataka have multiple High Court Benches without any prima facie reason.
• The merciless, unjustified and absurd discrimination perpetrated in distribution of High Courts and High Court Benches and High Court Circuit Benches in different states and different regions cannot be ever justified under any circumstances.
• It is an unfortunate remnant of deeply entrenched bias not set right even after nearly 80 years of independence that urgently needs to be consigned to the past.
• The importance and urgency of West UP having a Bench cannot be overstated.

Judicial Activism, Separation Of Powers And Duty To Act

The Apex Court in so many cases have asked Centre that:

If one wing of democracy fails, should the court sit idle” as we saw some time back in case of a five member Constitution Apex Court Bench presiding over a Presidential Reference seeking Apex Court’s views on whether it should lay down timelines and procedures for the President and State Governors to grant assent to bills when speaking for the Bench, the incumbent CJI – Hon’ble Mr Justice BR Gavai verbally observed that:

I am a strong believer in doctrine of separation of powers and though judicial activism has to be there, it should not turn into judicial adventurism. But at the same time if one wing of the democracy fails to discharge its duties, should the court, which is the custodian of the Constitution, sit idle and be powerless.” Absolutely right! No denying or disputing it!

Key Message From Hon’ble Mr Justice BR Gavai

• I am a strong believer in doctrine of separation of powers and though judicial activism has to be there, it should not turn into judicial adventurism.
• But at the same time if one wing of the democracy fails to discharge its duties, should the court, which is the custodian of the Constitution, sit idle and be powerless.

Critique Of Apex Court’s Inertia

One says this not with glee but sorrow that Apex Court has sat idle when it comes to discrimination perpetrated in distribution of High Courts, High Court Benches and High Court Circuit Benches in different States and different regions for about 80 years of independence!

By doing so, it has only torn apart its impeccable reputation on this front to tatters by not ever displaying the moral spine to call a spade a spade.

Apex Court is definitely not supposed to keep shaking its head in front of Centre like a helpless lamb and keep reiterating absurdly that it is for Centre to decide and we can do just nothing on this!

Implications Of Passive Stance

• Apex Court has sat idle when it comes to discrimination perpetrated in distribution of High Courts, High Court Benches and High Court Circuit Benches in different States and different regions for about 80 years of independence.
• It has only torn apart its impeccable reputation on this front to tatters by not ever displaying the moral spine to call a spade a spade.
• Apex Court is definitely not supposed to keep shaking its head in front of Centre like a helpless lamb and keep reiterating absurdly that it is for Centre to decide and we can do just nothing on this.

Alleged Article 14 Violation And Access To Justice

It merits just no reiteration that the Centre’s continued prolonged delay in deciding on this key issue and the Apex Court’s passive stance is a worst blatant violation of Article 14 of Constitution and a grave injustice to the people of West UP.

We all know that High Court Benches are meant to strengthen speedy justice and deliver justice at doorsteps yet most unfortunately litigants of West UP keep suffering unduly due to no action on this front by either Centre or Supreme Court.

Supreme Court must stop accepting all fake, false and flimsy excuses that are dished out by Centre to arbitrarily deny West UP even a single Bench and act most promptly in this regard for what it is meant to protect the fundamental rights of citizens from being violated with impunity!

Impact On Litigants Of West UP

• The Centre’s continued prolonged delay in deciding on this key issue and the Apex Court’s passive stance is a worst blatant violation of Article 14 of Constitution and a grave injustice to the people of West UP.
• High Court Benches are meant to strengthen speedy justice and deliver justice at doorsteps yet most unfortunately litigants of West UP keep suffering unduly due to no action on this front by either Centre or Supreme Court.
• Supreme Court must stop accepting all fake, false and flimsy excuses that are dished out by Centre to arbitrarily deny West UP even a single Bench.
• Supreme Court must act most promptly in this regard for what it is meant to protect the fundamental rights of citizens from being violated with impunity.

Decentralization Of Justice And The Demand For High Court Bench In West UP

Hon’ble CJI Mr BR Gavai very sagaciously pointed out precisely observing that, “To get justice to the man standing at the last mile was important and thus, there has to be decentralization of the judicial system.” This definitely hundred percent applies to West UP and lawless Bihar also! How long will Centre keep fudging, keep fuming needlessly and keep forwarding lame excuses and keep dilly-dallying on such a most pressing issue for an inordinately long spell of time? The common refrain among people is: For how long will more than 10 crore people of West UP be denied even a single High Court Bench by Centre on most baseless grounds? How long will Apex Court also keep maintaining a deafening silence on it?

Remarks Of Incumbent CJI Mr Justice BR Gavai On Kolhapur Bench

The incumbent CJI – Hon’ble Mr Justice BR Gavai on June 26, 2025 while speaking at his felicitation that was organized by the Advocates Association of the Aurangabad Bench of Bombay High Court has said most strongly that he supported the demand to set up a Bench of the Bombay High Court at Kolhapur in Western Maharashtra for 6 districts stating that justice should be available to every citizen “in every corner”. He said that:

“Every time there is a demand for Kolhapur Bench of the Bombay High Court in Western Maharashtra, I have supported it and given the example of the Aurangabad Bench. I have always supported for a Bench in Kolhapur as no common person should be forced to travel all the way to Mumbai (Bombay HC’s principal Bench) to fight for their rights. More cases are filed in the Aurangabad Bench now than those in the Bombay Bench of the High Court.”

To be sure, the incumbent CJI – Hon’ble Mr Justice BR Gavai whose home State is Maharashtra further hastened to add that:

“It is not financially possible for everyone to come to Bombay (Mumbai) for each and every hearing. Every citizen in every corner should get justice without having to spend much time and money.”

Absolutely right! No disputing it!

Denial Of High Court Bench To West UP Despite Huge Caseload

Honestly speaking, from the same angle, CJI Mr Justice BR Gavai must also introspect seriously that why 30 districts of West UP with more than 10 crores people and it is West UP which owes for majority of pending cases of Allahabad High Court which is highest in not just UP but all in all regions of India not just like we see in Kolhapur in Maharashtra where fifth High Court Bench approved for just 6 districts with population not touching even two crores which has started functioning also from 18.08.2025 and still West UP have been most callously denied for so long even a single High Court Bench for whom the architect of Constitution – Dr BR Ambedkar had most vociferously recommended also separate Statehood itself and separate High Court and Justice Jaswant Singh Commission recommended about 50 years ago a permanent Bench of High Court yet not created till date due to which poorest litigants have to travel whole night and nearly a day all the way till Allahabad to seek justice which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants of West UP? This is because CJI is Chief Justice of India and not just Chief Justice of Maharashtra only and so he must definitely ensure equality in distribution of High Court Benches among all the States which most unfortunately we don’t see happening right now! Most disgusting indeed!

Comparison Of Distances And Population

Region	Districts Covered	Approx Population	Distance To Principal Bench	Bench Status
Kolhapur (Western Maharashtra)	6 Districts	Below 2 Crores	350–380 km to Mumbai	Bench Created (2025)
West Uttar Pradesh	30 Districts	More than 10 Crores	700–750 km to Allahabad	No Bench, Not Even Circuit Bench

Critical Questions That Need Immediate Answers

• Why no one is bothered for the litigants of 30 districts of West UP, not even the CJI himself?
• What agitates every nerve of my brain is: What is Centre achieving by denying West UP even a single High Court Bench not even a Circuit Bench?
• Who is guiding rather misguiding Centre to act so unscrupulously and most malignantly without any rhyme or reason?

How Long Will Centre Keep Rubbishing the Most Legitimate and Long Pending Demand for a High Court Bench in West UP?

Centre should look inwards instead of pointing fingers on Governor or someone else and shifting the onus of decision making because let us not forget that Governor is appointed by Centre itself! It is next to impossible to discern what exactly is Centre gaining by depriving big States like UP and Rajasthan from having multiple High Court Benches and so also depriving West UP, lawless Bihar, Orissa from having even a single Bench! High Court Benches are the lifeblood of healthy and vibrant judicial system and so depriving big States like UP, Rajasthan and Bihar from having the same cannot be ever justified at all under any circumstances! I can say this with absolute certainty that Centre’s decision to deprive West UP, Bundelkhand, Purvanchal, Orissa and lawless Bihar from having even a single High Court Bench is nothing but biggest Himalayan blunder and absolute stupidity of the highest order!

Disparity in High Court Bench Distribution Across India

Leave alone creating two High Court Benches in Uttar Pradesh as in Karnataka in 2008 first as High Court Circuit Benches and then in 2013 as permanent High Court Benches for just four and eight districts only at Gulbarga and Dharwad respectively, Centre for 30 districts has most appallingly kicked out the most strongest recommendation that had been made by Justice Jaswant Singh Commission headed by a former Supreme Court Judge appointed by Centre itself for creation of High Court Bench in West UP at Agra in mid 1980s while having just no compunction to create High Court Bench in Aurangabad in Maharashtra for just 9 districts which already had multiple High Court Benches in Nagpur for just 10 districts and at Panaji for just 2 districts!

As if this was not enough, we see most recently fifth High Court Bench in Maharashtra at Kolhapur in Western Maharashtra has started functioning from 18.08.2025 for just 6 districts with shockingly only just 1.64 crore people! What is happening in our country? If this is not biggest cheating by Centre in Indian history then what else is?

State / Region	Districts Covered	Benches	Population Served
Maharashtra – Kolhapur	6	5th Bench in State	1.64 Crore
Karnataka – Dharwad & Gulbarga	4 & 8 respectively	2 Permanent Benches	—
West UP	30+	0 Benches	10+ Crore
Bihar / Orissa	—	0 Benches	Large Populations

Telangana and Andhra Pradesh Precedent

In 2014, we saw how Telangana with just 3.5 crore people given separate Statehood itself on June 2, 2014 and so also separate High Court at Hyderabad and separate capital and Andhra Pradesh with population of just 4 crores also given separate High Court at Amaravati after partition in 2014 and a High Court Bench also approved by State Assembly at Kurnool and another at Visakhapatnam is under active consideration! The most serious question that has bubbled up to the fore is: Why has Centre so unscrupulously denied West UP even a single High Court Circuit Bench which deserves separate High Court as recommended by Dr BR Ambedkar who is key architect of Constitution and so also Mayawati when she was UP CM by creating West UP as a separate State? Why Centre is caring a damn for West UP, Purvanchal, Bundelkhand all in UP and so also not even a single in lawless Bihar?

Justice Delayed and Denied in West UP

By any measure, if there is any region in India that most strongly deserves a High Court Bench, it is West UP for which Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended the same about 50 years ago and that too permanent yet not created till date! Make no mistake: West UP deserved High Court Bench since 1947 and most starkly has none not even a Circuit Bench till date as end of 2025 has approached! How long will litigants of West UP remain hostage to inordinate delay in pending cases being decided due to no Bench in this region?

Demand For High Court Bench in West UP

When will the age old most compelling demand for a Bench in West UP get close to reality and materialize remains yet to be seen! Even Centre itself is acutely aware of the dire need to create a High Court Bench in West UP as acknowledged since last so many decades but no fruitful outcome witnessed so far most unfortunately due to lack of political will! Any seriousness on the part of Centre to resolve this long lingering burning issue is most unfortunately conspicuously missing till date!

Existing High Court Benches in India – A Comparison

Bombay High Court Benches

Bench	Jurisdiction	No. of Districts
Aurangabad Bench	Ahmednagar, Aurangabad, Beed, Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad, Parbhani	9 (originally fewer)
Nagpur Bench	Nagpur, Akola, Amravati, Bhandara, Buldhana, Chandrapur, Gadchiroli, Gondia, Wardha, Yavatmal	10
Panaji Bench	North Goa, South Goa	2

Andhra Pradesh High Court Bench

• Kurnool Bench – covers 8 districts of Rayalaseema

Madhya Pradesh High Court Benches

• Gwalior Bench – covers only 5 districts: Gwalior, Shivpuri, Guna, Datia and Ashoknagar
• Indore Bench – covers 13 districts including Indore, Ujjain, Dewas, Neemuch etc.

Calcutta High Court Benches

• Jalpaiguri Bench – 4 districts: Darjeeling, Kalimpong, Jalpaiguri, Cooch Behar
• Port Blair Bench – covers Union Territory of Andaman and Nicobar Islands

Karnataka High Court Benches

• Gulbarga Bench – initially 4 districts (expanded to 6 including Yadgir & Bellary)
• Dharwad Bench – covers 8 districts such as Bagalkot, Dharwad, Belgaum, Gadag etc.

Discrimination Against West UP – Population Ratio

It goes without saying that how much discrimination Centre is perpetrating most ruthlessly and most mercilessly is quite palpable from the most irrefutable fact that the total population of Karnataka is just 6 crore and it has separate High Court and multiple High Court Benches just like Assam with just 4 crore people and Madhya Pradesh with just 7 crore people and West UP with more than 10 crore people is being denied even a single High Court Circuit Bench! The population of Maharashtra is less than half of Uttar Pradesh’s population yet has so many High Court Benches!

Constitutional Recommendations Ignored

It is known all too well that Dr BR Ambedkar who is the key architect of Constitution had himself recommended separate Statehood itself for West UP and separate High Court and so also Justice Jaswant Singh Commission appointed by Centre itself had had recommended a separate High Court Bench for West UP only to be dumped by Centre in the nearest backyard without any remorse or regret and without assigning any credible reason!

Why Only a Handful of Elite States Have Multiple High Court Benches?

It must be also asked: Why only a handful of elite States like Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam alone have multiple High Court Benches even though 230th Report of Law Commission of India headed by former Supreme Court Judge - Late Dr AR Lakshmanan had strongly recommended multiple High Court Benches for States most uniformly and on what basis? Who is really master minding such an atrocious, authoritarian, arbitrary, abysmal and arrogant, dastardly, dangerous third-rated discrimination between different States and different regions like we see in UP it is only Eastern UP which has both High Court at Allahabad and a High Court Bench in Lucknow? So also, Andhra Pradesh with just 7 crore population was partitioned in 2014 and Andhra Pradesh left with just 4 crore people who has created High Court Bench in Kurnool and High Court in Amaravati and one more at Vishakhapatnam is under consideration and Telangana with just 3 crore people with High Court at Hyderabad!

Discrimination Against West UP and Other Large States

It is jaw dropping to note how irrationally Centre has deprived West UP from having even a single Bench not even a Circuit Bench! Why Centre has a deep disdain for big States like UP and Rajasthan from having multiple High Court Benches and other big States like lawless Bihar and Orissa from having even a single Bench is most baffling and truly incomprehensible indeed? What is definitely very rightly being increasingly called into question is Centre’s most partial approach on this key issue which is most gut wrenching to see because even Apex Court has not done anything tangible on this score!

Historical Injustice and Failure to Implement Commission Recommendations

Of course, what is going on in India since last about 80 years in distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions does not represent by any reckoning a true democratic system rather it symbolizes horrendous dictatorship of the highest order worst than what even Hitler did without being held accountable in any manner as we saw when hilly areas of undivided UP for whom Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself had recommended two High Court Circuit Benches in Dehradun and Nainital in early 1980s yet not one created and when people agitated with many sacrificing their invaluable lives then the same Centre bestowed not just separate Statehood itself but separate High Court and separate Capital also and no Punjab and Haryana formula of same High Court and same Capital!

Does Centre want this to happen in West UP also as Justice Jaswant Singh Commission recommended permanent seat of High Court Bench in West UP yet not even a single High Court Circuit Bench created even though on its recommendations High Court Benches were created in other States like Maharashtra at Aurangabad which already had multiple High Court Benches? Why Supreme Court kept a deafening silence on non implementation of Justice Jaswant Singh Commission report? Even Mayawati herself as Chief Minister had recommended creation of West UP as separate State to be named “Harit Pradesh” just like DR BR Ambedkar which is all on record!

Questioning the Rigid Approach Toward UP High Court Benches

• Why is Centre so rigid in not allowing even a single Bench in any place other than at Lucknow?
• Why was Lucknow Bench created in July 1948 when Jawaharlal Nehru was PM where it was just not needed at all as it is so close to Allahabad High Court?

To borrow JL Nehru’s words himself, “Anything rigid and permanent stops the nation’s growth.” How can Centre ever dare to gloss over or discard what Nehru had himself said so plainly? It merits just no reiteration that too much rigidity ossify into permanent obstacles.

Lack of Action by the Supreme Court and Centre

It merits just no reiteration that what is even most frustrating to note is that not a single Judge of Supreme Court ever dared to speak out even till date against this most derisive, divisive, dubious, despicable, discriminatory, derogatory, dangerous and dastardly double standards when even people of hilly areas had to travel thousands of kilometers like slaves all the way till not even Lucknow which has High Court Bench since July 1948 so close to Allahabad High Court itself in Eastern UP but right uptill Allahabad nor ever deemed it fit to take suo motu cognizance of it which is worst betrayal of Constitution, d