Allahabad High Court, West UP and the Long-Pending Demand for a Separate Bench
It is indisputable yet absolutely unbelievable that the Allahabad High Court is the biggest High Court in not only just India among all the States, in not only just Asia, in not only just few continents, in not only just many continents but in all the continents all over the world in this planet with maximum number of pending cases more than 12 lakhs in Allahabad High Court which is maximum among all the States in India and here too it is West UP which owes for majority of pending cases with more than 10 crores people for whom Dr BR Ambedkar recommended separate Statehood itself and separate High Court itself just like for Eastern and Central UP and still Allahabad High Court which tops State list in having maximum number of pending cases and has more than 4 lakh advocates enrolled in Allahabad High Court which is highest in the world and UP Bar Council is also the biggest Bar Council in the world as claimed in its website itself.
But still Centre is most dead determined never to allow even a single High Court Bench not even a single High Court Circuit Bench in any nook and corner of Uttar Pradesh other than the one created by Jawaharlal Nehru way back in July 1948 so close to Allahabad High Court and most astoundingly attached litigants of 30 districts of West UP and hilly areas of undivided UP with not even Lucknow but right uptill Allahabad which is biggest betrayal of Constitution, biggest national disgrace and deepest burial of justice and worst mockery of poorest litigants of 30 districts of West UP and hilly areas of undivided UP as long as it formed part of UP which made practically just no sense at all and culminated in partition of Uttar Pradesh 26 years ago!
Ideally, UP should have been partitioned into Eastern, Western and Central UP as was suggested by Dr BR Ambedkar but leave alone partition and separate High Court, Centre has treated West UP as unworthy to be given even a single High Court Bench not even a Circuit Bench which has to be most strongly condemned!
Key Facts and Figures
| Issue | Details Mentioned |
|---|---|
| Pending Cases | More than 12 lakh cases pending in Allahabad High Court |
| Population of West UP | More than 10 crore people |
| Advocates Enrolled | More than 4 lakh advocates enrolled in Allahabad High Court |
| UP Bar Council | Claimed to be the biggest Bar Council in the world |
| Existing Bench | Lucknow Bench created in July 1948 |
| Affected Region | 30 districts of West UP and hilly areas of undivided UP |
Concerns Raised Regarding West UP
- West UP contributes a major share of the pending litigation burden.
- More than 10 crore people continue to depend on the existing judicial structure.
- No separate High Court Bench or Circuit Bench has been established in West UP.
- Litigants are compelled to travel long distances for access to justice.
- The demand for judicial decentralization has remained unresolved for decades.
- Reference is made to Dr BR Ambedkar's recommendation regarding separate Statehood and a separate High Court.
Comparison with Other States
On the contrary, we saw how Centre gave separate statehood itself with separate High Court to Telangana with just 3.5 crore people in June 2014 and so also earlier also to many States like Jharkhand, Chhattisgarh among others whose population is more than 6 or 7 crore less than West UP and still have separate High Court!
Karnataka with just 6 crore people were given two High Court Benches for just 4 and 8 districts at Dharwad and Gulbarga in 2008 itself and now Bench recommended for Mangaluru for just 3 districts!
State-Wise Comparison Mentioned
| State/Region | Population Mentioned | Judicial Infrastructure Mentioned |
|---|---|---|
| West UP | More than 10 crore | No separate High Court Bench or Circuit Bench |
| Telangana | 3.5 crore | Separate State and Separate High Court |
| Jharkhand | Less than West UP | Separate High Court |
| Chhattisgarh | Less than West UP | Separate High Court |
| Karnataka | About 6 crore | Benches at Dharwad and Gulbarga; Bench recommended for Mangaluru |
Question on Judicial Access and Representation
How long will Centre pat itself on the back that UP has just one High Court Bench created 78 years ago so close to Allahabad High Court at Lucknow where it was just not needed at all and nowhere else not even when UP was undivided?
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 one 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 it is incontrovertible 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 which is just few months away and even 100 years not very far away!
Why Supreme Court did not order creation of three High Court Benches in undivided UP as recommended by Justice Jaswant Singh Commission about 50 years ago headed by former Supreme Court Judge – a permanent seat of High Court Bench in West UP and two High Court Circuit Benches in hilly areas of undivided UP due to which litigants of undivided UP had to travel thousands of kilometers which culminated in brewing of huge resentment and culminated in partition of Uttar Pradesh 26 years ago!
Why the Author Is Ashamed of the Supreme Court
Frankly speaking, I must lay bare that why I am most ashamed of Supreme Court? It is only and only because despite being the top most court in India not even a single Justice of Supreme Court not even CJI could ever dare to take suo motu cognizance of open dacoity in implementation of recommendations of Justice Jaswant Singh which recommended 3 High Court Benches for undivided UP yet not one created and Maharashtra which already had multiple High Court Benches one more was created at Aurangabad in 1980s itself for just 7 districts then and so also in West Bengal at Jalpaiguri for 5 districts and at Madurai in Tamil Nadu based on its recommendations!
Comparison of Justice Jaswant Singh Commission Recommendations
| Region/State | Recommendation/Outcome |
|---|---|
| West UP | Permanent High Court Bench recommended but not created |
| Hilly Areas of Undivided UP | Two Circuit Benches recommended |
| Aurangabad (Maharashtra) | Bench established in the 1980s |
| Jalpaiguri (West Bengal) | Bench established |
| Madurai (Tamil Nadu) | Bench established |
Allahabad High Court Overburdened With Pending Cases
Just recently, we saw that the Allahabad High Court in landmark judgment titled Radhey Shyam Yadav v. Sri Ashok Nath Tiwari, the District Inspector of Schools in Contempt Application (Civil) No.- 6468 of 2022 that was pronounced just recently on May 19, 2026 indubitably held that, “In heavily burdened constitutional courts, like our Allahabad High Court, where around 400, 500, 600 and sometimes more than 800 cases are listed every day before every Judge, judicial proceedings may consume considerable time for disposal; sometimes years and sometime decades also. Still people all around may expect such overburdened judges to become ever-working super robots or super computers or superhuman beings?”
Still why the strength of Allahabad High Court Judges is not being increased further despite so much of workload and so also why the number of High Court Benches which right now since last 80 years of independence is just one most astoundingly not being increased?
Key Concerns Regarding Allahabad High Court
- Highest number of pending cases among High Courts.
- Heavy daily cause list before judges.
- Only one Bench at Lucknow since 1948.
- No Bench or Circuit Bench in West UP.
- Large travel burden on litigants.
- Increasing pressure on judicial infrastructure.
Democratic or Autocratic Approach to Judicial Access?
Is it democratic or autocratic that the most populated State of India that is Uttar Pradesh which has maximum number of pending cases among all States even after partition of Uttar Pradesh in November 2000 and still has just one High Court Bench in Lucknow and nowhere else which is absolutely unbelievable?
One High Court Bench also created at Kurnool in Andhra Pradesh and one more in Karnataka at Mangaluru for just 3 districts but for 30 districts of West UP we see it has not even a single Circuit Bench leave alone permanent seat of High Court Bench as recommended by Justice Jaswant Singh Commission!
Centre needs to end its bluff and bluster and resolve this long lingering issue right now! Most intriguingly, it is incomprehensible that why even Apex Court never takes suo motu cognizance of it?
Comparison of Bench Allocation
| Region | Bench Status |
|---|---|
| Lucknow (UP) | Permanent Bench since 1948 |
| Kurnool (Andhra Pradesh) | Bench established |
| Mangaluru (Karnataka) | Bench established for 3 districts |
| West UP (30 Districts) | No Bench and no Circuit Bench |
Article 14 and the Question of Equality
There can be just no gainsaying that Allahabad High Court is most overburdened with huge backlog of pending cases which is highest among all States still most mercilessly Centre feels most proud in depriving Allahabad High Court from having multiple High Court Benches and this is in breach of fundamental right to equality as enshrined in Article 14 of Constitution but most perplexingly even Apex Court never dared to take suo motu cognizance of it!
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?
Why only five States – Maharashtra, Madhya Pradesh, Assam, West Bengal and Karnataka have multiple High Court Benches and on what basis?
States With Multiple High Court Benches
- Maharashtra
- Madhya Pradesh
- Assam
- West Bengal
- Karnataka
Support From Justice (Retd.) Markandey Katju
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?
Conclusion: Need for Immediate Action
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?
Centre's Culpability in Denying a High Court Bench 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 and absolutely unbelievable!
Discrimination in Distribution of High Courts and Benches
Why lawless Bihar and Orissa don’t have even a single High Court Bench not even a Circuit Bench? Who is masterminding such despicable discrimination without any prima facie reason to justify it? 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.
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!
Recommended vs Created Benches
| Region/State | Recommendation/Development | Status |
|---|---|---|
| Dehradun | Justice Jaswant Singh Commission recommended Circuit Bench | Not Created |
| Nainital | Justice Jaswant Singh Commission recommended Circuit Bench | Not Created |
| Agra (West UP) | Permanent Bench recommended | Not Created |
| Aurangabad (Maharashtra) | Bench recommended | Created |
| Kolhapur (Maharashtra) | Fifth High Court Bench started functioning on August 18, 2025 | Created |
Centre as the Biggest Stumbling Block
The point being made here is that it is Centre which most unscrupulously has been acting as the biggest stumbling block for creation of High Court Bench in West UP on one pretext or the other which has only served to portray it in poor light. It is also not hidden from anyone that it is Centre which is the biggest litigator in our nation!
For my esteemed readers exclusive indulgence, I must bring out here that the Single Judge Bench of Allahabad High Court comprising of Hon’ble Mr Kshitij Shailendra in a most notable judgment titled Radhey Shyam Yadav vs Sri Ashok Nath Tiwari, the District Inspector of Schools in Contempt Application (Civil) No. - 6468 of 2022 that was pronounced recently on May 19, 2026 laments in para 20 with a heavy heart stating that, “In heavily burdened constitutional courts, like our Allahabad High Court, where around 400, 500, 600 and sometimes more than 800 cases are listed every day before every Judge, judicial proceedings may consume considerable time for disposal; sometimes years and sometime decades also. Still people all around may expect such overburdened judges to become ever-working super robots or super computers or super-human beings? If during such pendency, parties are permitted to openly defy operative directions, the administration of justice would descend into chaos and anarchy. The law does not countenance such audacity.” Absolutely right!
Why more than half of Judges seat even in Allahabad High Court keep lying vacant when we now see that in Supreme Court Judges strength has been increased and all vacancies have also been filled?
Key Concerns Highlighted
- Heavy pendency of cases in Allahabad High Court.
- Excessive burden on judges handling hundreds of matters daily.
- Vacant judicial positions despite increasing litigation.
- Need for institutional reforms and decentralization of judicial access.
- Demand for a High Court Bench in West UP.
West UP: Population, Pendency and Lack of Bench
Above all, still Centre for undisclosed reasons is most dead determined never to allow even a single High Court Bench not even a Circuit Bench in West UP which has more population than majority of States in India except UP of which it is part and Bihar and Maharashtra and owes for majority of pending cases of Allahabad High Court and still most strangely has not even a Circuit Bench for nearly 80 years of independence!
Such a rotten state of affairs in judiciary itself in distribution of High Courts and High Court Benches and High Court Circuit Benches deserves to be lit fire at the earliest because it is making the biggest mockery of Constitution but also of poorest litigants of West UP and those places where High Court Bench is being denied unfairly! This is the most biggest stain on Indian judiciary and yet lies unwashed since so many decades nor those who are culpable for master minding such sinister discrimination perpetrated without anyone ever being held accountable by even Supreme Court!
Recent Developments and Political Will
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!
Comparison of Development Priorities
| Development Project | Status/Observation |
|---|---|
| Ganga Super Expressway | More than Rs 42 crore spent for linking Allahabad to Meerut |
| High Court Bench in West UP | Still Not Established |
| Expressways in UP | Among the highest in India |
| Airports in UP | Maximum number of airports and international airports |
| High Court Benches in UP | Only one Bench at Lucknow |
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? When UP can have maximum expressways, maximum super expressways, maximum airports and maximum international airports then why High Court Bench only one at Lucknow so close to Allahabad High Court where it was just not needed at all?
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 the partition of UP in 2000 on this very ground of litigants encountering huge problems, expenses 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?
Judicial Disparity and Law Commission Recommendations
This is the way in which judiciary is functioning in a democratic country like India that despite 230th Report of Law Commission of India headed by eminent legal jurist and former Supreme Court Judge Late Hon’ble Dr AR Lakshmanan having recommended 17 years ago creation of High Court Benches in States has been restricted to just few States with big States like UP, Rajasthan, Bihar and Orissa left in the lurch which is the biggest national disgrace!
Adding fuel to fire is that even media and national news channels and national newspapers rarely ever accord it any primacy in reporting this! It is high time and Supreme Court must act now and put a complete full stop to the most merciless discrimination perpetrated in distribution of High Court and High Court Benches and High Court Circuit Benches in different States and different regions with impunity without any prima facie reason for such most merciless discrimination for so long unhindered! No denying it!
Key Concerns Raised
- 230th Report of the Law Commission of India recommended creation of more High Court Benches.
- Large States such as UP, Rajasthan, Bihar and Orissa continue to face serious judicial accessibility concerns.
- Media coverage on the issue remains limited.
- Litigants continue to suffer due to long-distance travel for justice.
- Demand for equitable distribution of High Court Benches remains unresolved.
States Facing Concerns Over High Court Benches
| State | Issue Highlighted |
|---|---|
| Uttar Pradesh (UP) | Large population and heavy case burden with limited bench accessibility. |
| Rajasthan | Demand for better regional judicial access. |
| Bihar | Need for greater judicial decentralization. |
| Orissa | Regional access to justice concerns. |
Need to Strengthen Allahabad High Court
Objectively speaking, it is high time and Centre must increase the number of Judges in Allahabad High Court and ensure that all vacancies are filled up like we now see in Supreme Court and so also must increase the number of High Court Benches so that the work load of Allahabad High Court Judges is reduced considerably.
When UP was undivided, the work load was even higher as the cases of hilly areas of undivided UP most shockingly also came under Allahabad High Court. West UP owes for majority of pending cases of Allahabad High Court and so a High Court Bench must be created here as was recommended also by the Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself which recommended permanent seat of High Court Bench in West UP about 50 years ago!
Reasons for Establishing a High Court Bench in West UP
- Majority of pending cases in Allahabad High Court originate from West UP.
- Reduction of judicial workload on Allahabad High Court.
- Improved access to justice for litigants.
- Implementation of Justice Jaswant Singh Commission recommendations.
- Reduction in litigation costs and travel burden.
- Faster disposal of cases.
Important Recommendations and Observations
| Recommendation/Observation | Details |
|---|---|
| 230th Law Commission Report | Recommended creation of additional High Court Benches. |
| Justice Jaswant Singh Commission | Recommended a permanent High Court Bench in West UP. |
| Judicial Vacancies | Need to fill all vacancies in Allahabad High Court. |
| Workload Reduction | Additional benches would ease pressure on existing judges. |
Fundamental Right to Access Justice
In a nutshell, the bottom-line is clear: Centre must act now! The larger question here is: How long will this long lingering most pressing issue remain in the pipeline endlessly? How long will this “open and shut” case remain unsettled and on the boil?
The larger issue at stake here is the litigants fundamental right to get justice at doorsteps which has been most unfairly denied to them despite the dire need for the same!
Conclusion: Creation of a High Court Bench in West UP
To conclude, there can be just no gainsaying and no beating about the bush that denial of even a Circuit Bench to West UP is a devastating reminder of how insensitive Centre is and how still even Apex Court has never stepped forward to take suo motu cognizance of it and never ordered Centre to ensure that a High Court Bench is created in any of the districts of West UP at the earliest whose location falls central so that litigants of all districts of West UP can reach there on time!
There can be just no gainsaying that the work load on Allahabad High Court is staggeringly high and this all the more necessitates the creation of a High Court Bench in West UP which owes for majority of pending cases of Allahabad High Court and has been pending inordinately since a very long time and it merits closure and it also brooks no more delay any longer now! No denying it!
Summary of the Core Demand
- Create a High Court Bench in West UP at the earliest.
- Ensure easier access to justice for litigants.
- Reduce the burden on Allahabad High Court.
- Implement long-pending commission recommendations.
- Address regional judicial imbalance and discrimination.
- Protect the fundamental right of citizens to accessible justice.
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
