Congress And High Court Benches In India
Nothing on earth pains me so much than this that Indian National Congress which is the oldest political party in India created way back on December 28, 1885 at Bombay never demands accountability from Centre on creation of High Court Bench in any State and who holds the unique record of ensuring creation of most of the High Court Benches in India in whose rule we saw that a High Court Bench was created by Jawaharlal Nehru way back in July 1948 at Lucknow and after that in last 78 years not even a single High Court Bench created in Uttar Pradesh or in lawless Bihar where there is none and it was only in 1973 that former PM Mrs Indira Gandhi had ensured creation of High Court Bench at Ranchi in undivided Bihar which now has High Court of Jharkhand after partition of Bihar or in West Bengal other than where Congress created at Port Blair and Jalpaiguri or in Rajasthan other than in Jaipur where Congress ensured Bench or in Gujarat which is home State of PM Narendra Modi and Amit Shah and Sardar Vallabbhai Patel where there is none or in Orissa where there is none which is home State of President of India – Droupadi Murmu and where relentless demand has been made for creation of High Court Bench but to no avail just like in West UP and Purvanchal and Bundelkhand all in UP!
Uttar Pradesh Pending Cases And West UP Bench Demand
This despite the most irrefutable fact that it is UP which has given maximum PM to India and tops the State list in having maximum number of pending cases and here too it is West UP which owes for majority of pending cases of UP and it was for West UP that Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended creation of permanent seat of High Court Bench in West UP about 50 years ago yet not even a Circuit Bench created till date most spinelessly even though BJP senior leaders like Union Defence Minister Rajnath Singh while contesting from Ghaziabad in West UP had in a rally said that if BJP forms Government in Centre and in UP, we will create High Court Bench in West UP and BJP in power in Centre since last about 12 years and in UP since last about 10 years yet not even a Circuit Bench created in any nook and corner of West UP or in Purvanchal or in any other nook and corner of UP which is the biggest national disgrace just like not a single in lawless Bihar where BJP won recently and for first time has its own Chief Minister without creating even a single High Court Bench not even a Circuit Bench despite Union Minister Giriraj Singh terming Bihar as “lawless” some time back!
Major Issues Highlighted
- Indian National Congress never demands accountability from Centre on creation of High Court Benches.
- No new High Court Bench created in Uttar Pradesh in the last 78 years.
- No High Court Bench in Bihar despite huge demand and law-and-order concerns.
- West UP contributes majority of pending cases in Uttar Pradesh.
- Justice Jaswant Singh Commission recommended Bench in West UP around 50 years ago.
- No Circuit Bench created in West UP, Purvanchal, or Bundelkhand till date.
- Demand for High Court Benches continues in Orissa, West UP, Purvanchal, and Bundelkhand.
High Court Bench Creation History
| State/Region | Bench Status Mentioned | Key Observation |
|---|---|---|
| Uttar Pradesh | Lucknow Bench created in July 1948 | No new Bench created in last 78 years |
| Bihar | No Bench | No Circuit Bench despite repeated demands |
| Jharkhand (Earlier Undivided Bihar) | Ranchi Bench created in 1973 | Created during Indira Gandhi Government |
| West Bengal | Port Blair and Jalpaiguri Benches | Congress ensured Bench creation |
| Rajasthan | Jaipur Bench | Congress ensured Bench |
| Gujarat | No Bench | Home State of PM Narendra Modi and Amit Shah |
| Orissa | No Bench | Relentless demand continues |
Justice Jaswant Singh Commission Recommendation
The Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended creation of permanent seat of High Court Bench in West UP about 50 years ago yet not even a Circuit Bench created till date.
Political Promises And Ground Reality
BJP senior leaders like Union Defence Minister Rajnath Singh while contesting from Ghaziabad in West UP had in a rally said that if BJP forms Government in Centre and in UP, we will create High Court Bench in West UP and BJP in power in Centre since last about 12 years and in UP since last about 10 years yet not even a Circuit Bench created in any nook and corner of West UP or in Purvanchal or in any other nook and corner of UP.
Conclusion On High Court Bench Demands
The continuing absence of new High Court Benches in Uttar Pradesh, Bihar, Gujarat, and Orissa despite rising pending cases, repeated public demands, and political assurances remains one of the biggest issues concerning judicial accessibility and regional justice delivery in India.
Yogi Adityanath, West UP High Court Bench Demand And Congress Silence
None other than Yogi Adityanath who is UP CM recommended separate permanent seat of High Court Bench in West UP to Allahabad High Court in January 2024 only to withdraw the very next day yet Congress party kept quiet! Yogi also thundered in Parliament for High Court Bench in Gorakhpur 26 years ago and in 2015 even presented a private member bill in Parliament for creation of High Court Bench in Gorakhpur but despite being CM of UP since last about 10 years yet not even a Circuit Bench created and Congress like other parties keep a deafening silence on it.
This is akin to PM Narendra Modi chanting uniform civil code since last about 12 years especially during elections and yet not even polygamy abolished for all and Jawaharlal Nehru did not take even a decade after independence to abolish polygamy and polyandry for both men and women of Hindus and related religions enjoyed since time immemorial and who constitute majority of population of India!
Yet Congress never challenges BJP to implement uniform or common civil code as PM himself keeps chanting before every elections yet done nothing on it since last about 12 years in power as PM without any break in power in between! So who is enjoying fruits of victory in Bihar and Bengal? BJP!
Major Political Questions Raised
- Why was the recommendation for a permanent High Court Bench in West UP withdrawn?
- Why has no Circuit Bench been created in Gorakhpur despite repeated promises?
- Why does Congress remain silent on the issue?
- Why is the Uniform Civil Code repeatedly discussed but not implemented?
- Why are large States still deprived of multiple High Court Benches?
BJP And Congress Comparison On High Court Benches
What I find most distressing to see is that the BJP which once flaunted the much vaunted tagline “party with a difference” most pompously which I also believed has proved itself to be biggest carbon copy of Congress in ensuring that big States like UP and Rajasthan are deprived without fail from having multiple High Court Benches and so also lawless Bihar and Orissa from having even a single Bench not even a single Circuit Bench most astoundingly!
Why Congress never points it out in elections? Why Centre since 1947 till date irrespective of which party is in power in Centre is most dead determined to strictly enforce its one-point agenda – Never allow big States like UP and Rajasthan to have multiple High Court Benches at any cost and so also other big States like lawless Bihar and Orissa from having even a single Bench not even a Circuit Bench?
Is this is what is called democratic style of functioning? Is this not dictatorship style of functioning? This is not a figment of imagination but the most unpalatable truth which Indian media never discusses for myriad reasons known best to them which has to be most strongly condemned and it is BJP which is reaping rich dividends!
States Deprived Of High Court Benches
| State | Status Of High Court Bench | Issue Highlighted |
|---|---|---|
| Uttar Pradesh | Limited Bench Structure | Demand for West UP Bench ignored |
| Rajasthan | Lack of Multiple Benches | Large State without adequate benches |
| Bihar | No Additional Bench | No Circuit Bench created |
| Orissa | No Additional Bench | Long-standing demand ignored |
UN Security Council Comparison With Indian Judiciary Structure
This is akin to UN Security Council which has five permanent members since 1945 till date – USA, UK, Russia, France and China and despite so many changes not even a single nation among the nearly 200 countries as member made permanent despite India staking its claims again and again due to India contributing so much to UN and being the biggest democratic country in world!
Similarly we see in India, Centre has taken the most firm resolve to ensure multiple High Court Benches for only five elite States – Maharashtra, Karnataka, West Bengal, Madhya Pradesh and Assam out of 28 States kicking out most deserving States like UP, Rajasthan, Bihar and Orissa even though the route to power in Centre passes maximum through UP and these States as Centre most strongly feel that they just don’t deserve it even though 230th Report of the Law Commission of India most strongly recommended creation of more High Court Benches in States not just five States as we see most unfortunately right now!
India has no moral right to demand a permanent seat in UN Security Council by breaking the exclusive monopoly of 5 big countries without itself breaking most unjustified monopoly of five elite States in having multiple High Court Benches!
Five Elite States With Multiple High Court Benches
| State | Bench Status |
|---|---|
| Maharashtra | Multiple High Court Benches |
| Karnataka | Multiple High Court Benches |
| West Bengal | Multiple High Court Benches |
| Madhya Pradesh | Multiple High Court Benches |
| Assam | Multiple High Court Benches |
Law Commission Recommendations And Centre Stand
The whole point is: If one look at the whole picture, we see that it reflects a far deeper malaise which now no more can be hidden from public gaze any longer.
How long will Centre keep downplaying the most legitimate and compelling demand for a High Court Bench in West UP and so also in Orissa and Bihar and some other States?
This is a stark reminder of how much Centre discriminates most ruthlessly yet is never held accountable even by top court! Why Apex Court never takes Centre to task for it?
Key Issues Highlighted In The Article
- Demand for permanent High Court Bench in West UP.
- Lack of Circuit Benches in Bihar and Orissa.
- Political silence across parties on judicial infrastructure.
- Comparison between UN Security Council monopoly and High Court Bench distribution.
- Reference to the 230th Law Commission Report recommending more benches.
- Questions regarding accountability of the Centre and Supreme Court.
- Supreme Court Must Take Suo Motu Cognizance Without Further Delay
The short point is: It is high time now and Apex Court must step forward and take suo motu cognizance of it at the earliest as it brooks no more delay any longer now! When will the Supreme Court urge Centre to address it at the earliest as it brooks no more delay any longer now? How long will Supreme Court keep maintaining a deafening silence on it notwithstanding that this directly concerns judiciary itself and top Supreme Court lawyers like Mr Kapil Sibal who as Union Law Minister even recommended a High Court Bench in West UP at Meerut don’t even think it right to say a word on it?
Amit Shah who is Union Home Minister said recently that, “The people in the country have a deep trust in the Constitution and in the event they suffer any injustice or their rights are violated, they are certain that courts will do justice.” But in practice we see that far from it the top court is doing absolutely just nothing to put a complete full stop to the most merciless discrimination perpetrated in the distribution of High Court Benches in different States and different regions with impunity even though this directly concerns the judiciary itself!
Discrimination In Distribution Of High Court Benches
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 initially at Gulbarga and Dharwad respectively when Congress was in power and now again Congress has recommended for creation of a High Court Bench in Mangaluru for just 3 districts in Karnataka but Centre for 30 districts of West UP 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? Why Congress never demands accountability from BJP like BJP demanded when in Opposition with former PM Late Atal Bihari Vajpayee thundering in Parliament for High Court Bench in West UP in Meerut as Leader of Opposition in Parliament?
Comparison Of High Court Benches Across States
State/Region Bench Location Districts Covered Status/Observation Karnataka Gulbarga 4 Districts Initially Circuit Bench, later Permanent Bench Karnataka Dharwad 8 Districts Permanent High Court Bench Karnataka Mangaluru 3 Districts Recommended By Congress Maharashtra Aurangabad 9 Districts Existing High Court Bench Maharashtra Nagpur 10 Districts Existing High Court Bench Goa Panaji 2 Districts Existing High Court Bench Maharashtra Kolhapur 6 Districts Started Functioning From 18.08.2025 West Uttar Pradesh No Bench 30 Districts Recommendation Rejected West UP Demand For Separate High Court Or Bench
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 with more than 10 crore people 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?
Key Concerns Raised
- Why has West UP with more than 10 crore population been denied even a single High Court Bench?
- Why are some States granted multiple High Court Benches while others are ignored?
- Why has the recommendation of Justice Jaswant Singh Commission not been implemented?
- Why has the 230th Report of Law Commission of India remained unimplemented for more than 17 years?
- Why is the Supreme Court not intervening in this matter despite it directly concerning judiciary itself?
- Why is there no accountability demanded from Centre on this issue?
Questions On Centre And Political Parties
Why Centre is caring a damn for West UP, Purvanchal, Bundelkhand all in UP and so also not even a single in lawless Bihar and Orissa and some other States and still comes back to power as we saw in Bihar and Orissa and UP is not far away and why Congress never demands any accountability from Centre? Why is Centre so infatuated with only few elite five States being granted multiple High Court Benches and on what basis?
Why 230th Report of Law Commission of India on creation of High Court Benches in different States not implemented even after more than 17 years of its recommendations? 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? Why Congress never demands accountability from Centre on it?
Major Issues Highlighted
- Unequal distribution of High Court Benches across States.
- Neglect of West Uttar Pradesh despite massive population.
- Non-implementation of Law Commission recommendations.
- Silence of Apex Court on judicial discrimination.
- Lack of political accountability on judicial infrastructure.
- Demand for judicial accessibility and equal justice.
Conclusion And Demand For Action
The issue of unequal distribution of High Court Benches has now assumed massive constitutional, judicial and democratic significance. The demand for a High Court Bench in West UP is not merely a regional demand but a question directly linked with equal access to justice, judicial accountability and constitutional fairness.
The Supreme Court, Centre and all political parties must now address this long-pending issue without any further delay. The continued silence on such a serious matter raises disturbing questions about equality, justice and the commitment of institutions towards ensuring fair judicial access for every citizen irrespective of region.
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
