West UP High Court Bench Discrimination And Judicial Imbalance
It is ostensibly most astounding to see that the most populated State of India that is Uttar Pradesh which tops the State list in having maximum number of pending cases among all the States has only High Court Bench at Lucknow so close to Allahabad High Court created way back in July 1948 and nowhere else!
What is even more baffling to note is that West UP which contributes maximum to the State’s economy more than 80% apart from contributing to majority of pending cases of Allahabad High Court as acknowledged even by Justice Jaswant Singh Commission appointed by Centre itself which recommended permanent seat of High Court Bench in West UP about 50 years ago yet not even a Circuit Bench created till date and litigants attached with not even Lucknow which falls much earlier but right uptill Allahabad which is far away from even Lucknow and due to which poor and middle class litigants who travel by train have to spend whole night and nearly a day all the way till Allahabad due to West UP not having even a single Bench not even a Circuit Bench despite having 30 districts with more than 10 crore population which ideally should have been given separate High Court itself like most of the States in India!
The whole point is: Centre has been most unduly harsh with West UP and has always forwarded one lame excuse or the other to deny West UP even a single Bench not even a Circuit Bench even as we are standing on verge of 80 years of independence and even 100 years not far away!
Maharashtra Vs West UP On High Court Benches
On what basis Maharashtra has maximum High Court Benches in India when its population is more than half less of UP and just about one crore more than West UP and when it comes to pending cases has less pending cases than not only UP but even less than West UP yet Centre has been most passionate in ensuring that West UP is deprived from having even a single High Court Bench not even a Circuit Bench to say the very least?
It is high time and Supreme Court must act now and put a complete full stop to the most merciless discrimination that has been perpetrated in distribution of High Courts, High Court Benches and High Court Circuit Benches in different States and different regions without any prima facie reason for such most merciless discrimination to be perpetrated.
Justice Jaswant Singh Commission Recommendations
This is happening in judiciary itself yet Supreme Court has never dared to take suo motu cognizance of it not even when UP was undivided and people of hilly areas of undivided UP had to travel thousands of kilometers all the way till Allahabad most horribly even though Justice Jaswant Singh Commission appointed by Centre itself recommended two Circuit Benches at Dehradun and Nainital and a permanent Bench in West UP in Agra yet not one created and Maharashtra which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in 1980s as recommended and now last year on August 18, 2025 we saw fifth High Court Bench created at Kolhapur for just 6 districts started functioning!
Key Issues Raised
- Uttar Pradesh has the highest number of pending cases in India.
- Only one High Court Bench exists in Lucknow apart from Allahabad.
- West UP contributes significantly to the State economy and pending litigation.
- West UP still does not have even a Circuit Bench.
- Litigants from 30 districts travel extremely long distances to Allahabad.
- Justice Jaswant Singh Commission recommended a Bench in West UP decades ago.
- Maharashtra has multiple High Court Benches despite fewer pending cases.
- The Supreme Court is being urged to intervene and end regional judicial discrimination.
Comparison Between West UP And Maharashtra
| Issue | West UP | Maharashtra |
|---|---|---|
| Population | More than 10 crore | About one crore more than West UP |
| Contribution To Pending Cases | Majority share in Allahabad High Court cases | Less pending cases than UP and West UP |
| Number Of High Court Benches | No Bench or Circuit Bench | Maximum number of Benches in India |
| Recent Judicial Expansion | No new Bench created | Kolhapur Bench started functioning in 2025 |
Demand For Separate High Court Bench In West UP
The demand for a separate High Court Bench in West UP continues to gain momentum due to increasing pendency of cases, long travel hardships faced by litigants, and the recommendations made by the Justice Jaswant Singh Commission decades ago. Legal experts and litigants argue that equal judicial access is a constitutional necessity and denial of a Bench in such a heavily populated region amounts to judicial imbalance and regional discrimination.
West UP High Court Bench Demand: A Long Pending Constitutional and Judicial Concern
It is a matter of supreme irony that the most populated State of India that is Uttar Pradesh which tops the State list with maximum number of pending cases more than 12 lakhs as conceded by President of Allahabad High Court Bar Association – Mr Rakesh Pandey 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 not even a single High Court Bench not even a Circuit Bench and not only just this but in addition 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 who have to travel whole night and nearly a day by train about 700 to 800 km on average most shockingly!
From a legal standpoint, it is UP which tops the State list in having maximum number of pending cases and so also has maximum population more than 25 crores and here too it is West UP which owes for majority of pending cases of UP and still leave alone High Court or permanent seat of High Court Bench has not even a Circuit Bench as Centre is just not ready to concede most disgracefully!
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?
Justice Markandey Katju’s Support For Bench In West UP
Even former eminent Supreme Court Judge – Justice (Retd) Markandey Katju who has been Chief Justice of different High Courts including Allahabad High Court has fully reiterated his open support to the most legitimate demand for a High Court Bench in West UP which is most refreshing to note!
How long will this most pressing Bench issue in West UP be held hostage on one pretext or the other? How long will Centre be seen to be sitting on the fence on this most compelling issue?
Jaswant Singh Commission Recommendation Ignored For Decades
By any reckoning, Centre needs to remove the albatross from around its neck of West UP cannot have a High Court Bench despite so deserving as was recommended also by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself who recommended a permanent seat of High Court Bench in West UP about 50 years ago yet not even a single High Court Circuit Bench created in last about 80 years of independence since 1947!
How long will Centre feel the luxury to keep such a most pressing issue directly affecting the litigants of 30 districts of West UP in abeyance on one pretext or the other?
How long will such a long lingering most pressing issue remain in limbo needlessly and pale into insignificance at the cost of litigants of West UP who suffer most especially those who are very poor?
Key Concerns Raised
- West UP contributes majority of pending cases in Allahabad High Court.
- More than 10 crore people of West UP lack direct High Court access.
- Litigants travel nearly 700 to 800 km for justice.
- No permanent Bench or Circuit Bench exists in West UP.
- Justice Jaswant Singh Commission recommendation remains unimplemented.
- Poor litigants face the maximum hardship.
Centre Accused Of Denying Judicial Access To West UP
Truly speaking, 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?
Denial of even a single High Court Bench to West UP on flimsy grounds is patently ludicrous!
Comparison With Karnataka High Court Benches
When Centre can create in one go two High Court Benches for Karnataka in 2008 with just 6 crore people at Dharwad and Gulbnarga for just 4 and 8 districts then why for West UP with more than 10 crore people and 30 districts we see that it has not even a single High Court Bench nor even a Circuit Bench, to say the very least!
| Region | Population | Districts Covered | Bench Status |
|---|---|---|---|
| Karnataka (Dharwad) | Around 6 Crore State Population | 4 Districts | High Court Bench Created |
| Karnataka (Gulbarga) | Around 6 Crore State Population | 8 Districts | High Court Bench Created |
| West Uttar Pradesh | More Than 10 Crore | 30 Districts | No Bench Or Circuit Bench |
Yogi Government And The Bench Recommendation Issue
Now Karnataka State Government has recommended for creation of Circuit Bench in Mangaluru for just 3 districts but for 30 districts of West UP we saw that UP CM Yogi Adityanath recommended to Allahabad High Court for creation of a High Court Bench in West UP in January 2024 only to withdraw the recommendation the very next day!
It is lack of political will that West UP has been most mercilessly deprived from having even a single Bench not even a Circuit Bench!
Infrastructure Spending Vs Judicial Access
When more than Rs 42 crore can be spent for linking Allahabad to Meerut by Ganga Super Expressway then why can’t a very small amount be spared for creating a High Court Bench in West UP?
Major Issues Highlighted In The Debate
- Judicial accessibility in West UP remains severely limited.
- Economic hardship for poor litigants continues unchecked.
- Political hesitation is delaying judicial decentralisation.
- Comparative discrimination argument with Karnataka continues to gain attention.
- Demand for a permanent High Court Bench in West UP remains unresolved.
Dire Need for a High Court Bench in West UP
Practically speaking, the dire need for a High Court Bench in West UP cannot be overstated! Perhaps the most telling part is that the only lesson Centre is learning from history on this count is that it is refusing to learn any lesson even after partition of UP in 2000 on this very ground of litigants encountering huge problem in travelling all the way till Allahabad most foolishly! Why is Centre quavering in an “open and shut” case like setting up of a High Court Bench in West UP?
Discrimination in High Court Benches
The truth of the matter is: Centre has most unabashedly perpetrated such merciless, most absurd discrimination which I most strongly feel is a national disgrace! Many decades ago, UN Secretary General Ban Ki Moon while in office had slammed UP as “rape and crime capital” of India still why UP has just one High Court Bench so close to Allahabad High Court and nowhere else! It must be stated unhesitatingly that Centre has been most biased in discriminating when it comes to big States like UP and Rajasthan which have just one and so also other big States like Orissa and Bihar which have none!
States with Limited or No High Court Benches
| State | Status of High Court Benches |
|---|---|
| Uttar Pradesh | Only One Bench |
| Rajasthan | Only One Bench |
| Orissa | No Bench |
| Bihar | No Bench |
Law Commission Report and Unanswered Questions
It must be asked: Why 230th Report of Law Commission of India which recommended creation of High Court Benches in different States not implemented even after 17 years of its recommendation? Why Apex Court has never held Centre accountable for it? Why national news channels never debate on it? Why most of national newspapers never publish any editorial on this hot-button issue which will portray Centre in poor spotlight as it is primarily culpable for this most atrocious discrimination perpetrated with impunity by not doing anything worthwhile to end it or even contain it?
Key Questions Raised
- Why has the 230th Report of Law Commission of India not been implemented?
- Why has the Apex Court not held Centre accountable?
- Why is there no serious debate on national news channels?
- Why do national newspapers avoid editorials on this issue?
- Why are litigants in West UP still forced to travel to Allahabad?
Demand for Suo Motu Cognizance
Let me put it this way: It is high time that Apex Court takes suo motu cognizance of this most third rated merciless discrimination and hold Centre accountable for it! Why only five elite States – Maharashtra, Karnataka, Madhya Pradesh, Assam and West Bengal have multiple High Court Benches and on what basis? Except Maharashtra, the population of all States which have multiple High Court Benches is less than even West UP and still deprived from having even a single High Court Bench not even a Circuit Bench! What is happening in our country?
States with Multiple High Court Benches
| State | Multiple High Court Benches |
|---|---|
| Maharashtra | Yes |
| Karnataka | Yes |
| Madhya Pradesh | Yes |
| Assam | Yes |
| West Bengal | Yes |
Constitutional Duty and Article 14
To sum it up, Centre has to deliver now! How can Centre abdicate its constitutional duty to ensure that the worst discrimination that has been perpetrated in distribution of High Court Benches in different States and different regions is brought to an end altogether? How can Apex Court also refuse to take suo motu cognizance of it which directly pertains to judiciary itself? There is no doubt that our highest court has mostly always stood up for its citizens and upheld the Constitution. One fondly hopes that Apex Court will take suo motu cognizance of it at the earliest as it is a blatant violation of Article 14 of Constitution which envisages right to equality as a fundamental right yet most unfortunately on this count lies in tatters!
Major Concerns Highlighted
- Discrimination in allocation of High Court Benches.
- Hardship faced by litigants in West UP.
- Non-implementation of Law Commission recommendations.
- Silence of national media and institutions.
- Possible violation of Article 14 of the Constitution of India.
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Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
