High Court Bench Issue in West Uttar Pradesh

It was at the start of the year, on January 26, 2025, that our Constitution officially turned 75 years old. Just recently, on September 17, 2025, our Prime Minister Mr. Narendra Modi also turned 75 years old. Now, 100 years is not very far away!

What is most unsettling to note, however, is that the endless woes faced by the litigants of West UP — comprising 30 districts with more than 10 crore population — are still not coming to an end. Poor litigants who cannot afford plane travel still have to journey whole nights and nearly a day, not even to Lucknow, but all the way to Allahabad for justice. This continues despite the fact that a High Court Bench was created in Lucknow as far back as July 1948, even before the Constitution came into force.

The Struggle of Litigants

The litigants of 30 districts of West UP and the hilly areas of undivided UP had to travel all the way to Allahabad. This was the biggest betrayal of the Constitution and the deepest burial of justice. People of hilly areas fought on the streets, many sacrificed their lives, and ultimately secured statehood on November 9, 2000, along with a High Court at Nainital for just 88 lakh people. But nearly 25 years later, the woes of people in West UP remain unchanged.

Failure of the Centre

The Centre must be singled out for not taking any interest in resolving this issue, which explains why it has lingered for nearly 80 years of independence. The question is simple: Why so much delay in setting up a High Court Bench in West UP, whose population is larger than most Indian States, when Maharashtra with less than half the population has five High Court Benches?

• Kolhapur High Court Bench created on 18.08.2025 for just 6 districts with 1.64 lakh people.
• No new Bench in UP since 1948 despite maximum pending cases.
• West UP accounts for the majority of pending cases but has no Bench or Circuit Bench.

Justice Jaswant Singh Commission

The Justice Jaswant Singh Commission, headed by a former Supreme Court Judge, recommended:

• Two circuit Benches in hilly areas — Dehradun and Nainital.
• A permanent High Court Bench in West UP at Agra.

Yet, not a single Bench was created in West UP. Ironically, where it recommended Benches in Aurangabad (Maharashtra), Jalpaiguri (West Bengal), and Madurai (Tamil Nadu), they were promptly created. Maharashtra, with multiple Benches already, even got a fifth one in Kolhapur. Meanwhile, West UP, with more than 10 crore people, still has none. This is blatant discrimination in distribution of High Court Benches.

Discrimination and Neglect

The Centre’s approach has been irrational, undemocratic, and discriminatory. Even Lahore (Pakistan) is geographically closer to West UP than Allahabad, yet litigants are forced to travel there. This injustice culminated in the partition of UP in 2000, when Uttarakhand was carved out.

Denying West UP and Bihar even a single High Court Bench is not just illogical, but deeply insensitive and discriminatory. Why does the Centre, led by the Prime Minister, and the Supreme Court, led by the Chief Justice, remain silent on this issue?

Ignored Recommendations

Key recommendations ignored include:

• Dr. B.R. Ambedkar’s suggestion for separate Statehood for West UP.
• Justice Jaswant Singh Commission’s recommendation for a permanent Bench at Agra.
• 230th Report of the Law Commission recommending multiple Benches across States.

Smaller States like Madhya Pradesh (7 crore), Karnataka (6 crore), and Assam (4 crore) have multiple High Court Benches, while UP with over 20 crore people still struggles.

The Call for Justice

The Supreme Court itself has said: “Justice must not only be done but must also be seen to be done.” Yet, this glaring discrimination persists. Judiciary must ensure equal justice for all regions, not just for a few elite States.

The Billion-Dollar Question

How long will a solution to the High Court Bench issue in West UP keep lurking in the shadows? The people’s demand is legitimate, pressing, and cannot be silenced any longer.

A Hope for Change

As PM Narendra Modi turns 75 in 2025, just like the Constitution, it is hoped he will change his approach and address this discrimination. Approving a High Court Bench in West UP will be the boldest and best tribute to the Constitution and to his own tall stature.

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh