It was in the starting of the year on January 26, 2025 that our Constitution officially turned 75 years and just now on September 17, 2025, our PM Mr Narendra Modi also finally turns 75 years old. Now 100 years is not very far away! What is most unsettling to still note, however, is that the endless woes faced by the litigants of West UP comprising of 30 districts with more than 10 crore population is still not coming to an end as they have to still travel especially those poor litigants who cannot afford plane travel whole night and nearly a day all the way till not even Lucknow where a High Court Bench so close to Allahabad High Court was created way back in July 1948 even before the Constitution officially came into force despite being so close and worst of all, the litigants of 30 districts of West UP and hilly areas of undivided UP had to travel till not even Lucknow but right uptill Allahabad to secure justice which in itself is the biggest betrayal of Constitution and deepest burial of justice and worst mockery of poorest litigants but people of hilly areas of undivided UP fought on streets as even a High Court Circuit Bench was not created there, many sacrificed their precious lives and ultimately got Statehood itself on November 9, 2000 and their endless woes ended as they got separate High Court at Nainital also with population then of 88 lakh people. But nearly 25 years later, the endless woes of people of West UP are still continuing uninterrupted and undiminished!
To be sure, Centre has to be definitely singled out for not taking any interest of any kind in resolving it which alone explains why it is lingering inordinately since last nearly 80 years of independence! My most simple point is: Why so much of dilly-dallying on such an “open and shut” case of setting up just a High Court Bench in West UP whose population is more than majority of the States in India and yet has not even a Circuit Bench while Maharashtra whose population is less than half of Uttar Pradesh has five High Court Benches with fifth High Court Bench being set up in Kolhapur for just 6 districts with just 1.64 lakh people very recently on 18.08.2025 and in Uttar Pradesh no High Court Bench set up since 1948 which is a national disgrace as it is Uttar Pradesh which tops the State list in having maximum number of pending cases and still has just one High Court Bench at Lucknow and here too West UP owes for majority of pending cases of UP and still has not even a single High Court Bench or even a Circuit Bench?
Most ironically and most shamefully, we see that Justice Jaswant Singh Commission headed by former Supreme Court Judge was constituted by Centre itself for creating a High Court Bench in West UP among other places and it recommended maximum three High Court Benches in undivided UP – two circuit Benches in hilly areas at Dehradun and Nainital and a permanent High Court Bench in West UP at Agra yet not one Bench created till date which ultimately resulted in huge agitations in hilly areas of undivided UP and UP got partitioned in 2000 mainly because of hilly areas being denied even a single High Court Circuit Bench and then got separate High Court itself for just 88 lakh people and separate State named Uttarakhand but for West UP with more than 10 crores population for which permanent Bench recommended by Justice Jaswant Singh Commission which owes for majority of pending cases of UP, we see that not a single Bench created till date with September 2025 now running even though a permanent High Court Bench was recommended for it about 50 years ago most unfortunately and so also most astoundingly we also witnessed how where it recommended High Court Bench in Aurangabad in Maharashtra started functioning so early as in 1980s itself which already had multiple High Court Benches at Nagpur, Bombay and Panaji and yet created one more fifth itself at Kolhapur from 18.8.2025 and so also Justice Jaswant Singh Commission had recommended High Court Bench at Japlaiguri for just 5 districts was created in West Bengal which already had High Court Bench in Port Blair for just 2 lakh people and so also at Madurai in Tamil Nadu with just 7 crore people which were all created promptly! This is the real tragedy and real worst discrimination in distribution of High Court Benches in different States! How can any CJI ever decide to remain wholly silent on this shocking, shameless and senseless discrimination? Denial of even a single Bench to West UP is wholly untenable and needs to be given a Bench at the earliest without any more dilly-dallying now!
Why is Centre so ambivalent and inimical in taking any proactive step that goes a long way in resolving this key issue at the earliest? One can’t fathom that why Centre has behaved so partially, so irrationally and so undemocratically that the most populated State of India with maximum number of pending cases was given only one Bench and that too very close to Allahabad itself and worst of all attached litigants of West UP and hilly areas of undivided UP with not even Lucknow which is more than 230 km earlier but right uptill Allahabad as if India was still being ruled by colonial Britishers with even Lahore in Pakistan closer to West UP as compared to Allahabad High Court? This is exactly that has led to catastrophic results and culminated in partition of UP into UP and Uttarakhand in 2000! Will any democratic country behave in such autocratic manner?
Is this democratic or autocratic style of functioning? Centre’s approach in this regard in last nearly 80 years has been most diabolically outrageous and has to be most strongly condemned! Why these elected representatives are behaving like monarchs depriving the people from having easy and affordable justice at doorsteps is truly incomprehensible?
Why this High Court Bench issue in West UP has most mysteriously remained in limbo for so long? Why can’t Centre bury the hatchet and move forward to balance the regional imbalance of Eastern UP having both High Court at Allahabad and a single Bench at Lucknow so close to each other and West UP inspite of owing for majority of pending cases of UP for whom Justice Jaswant Singh Commission recommended permanent seat of High Court Bench yet even after nearly 50 years not even a Bench created nor even a Circuit Bench created! What I find most deeply unsettling is that even now we see that neither the Supreme Court nor even Centre who gets elected by people is ready to open its eyes and take most concrete action to dismember the most historical, Himalayan blunder committed about 80 years ago!
To say the very least, denying West UP and Bihar even a single High Court Bench is not just illogical but also deeply insensitive, deeply flawed and most deeply discriminatory also that has gone unnoticed, unchecked and unaddressed for far too long! What on earth is stopping Centre led by PM Mr Narendra Modi and Supreme Court led by CJI Hon’ble Mr BR Gavai from approving even a single Circuit Bench in West UP with more than 10 crore people from 30 districts? Is it because of some undisclosed extraneous reasons? Constitution has been completely not only just mocked at but also is in tatters only for namesake because West UP and lawless Bihar deserves multiple High Court Benches but have not even a single Circuit Bench despite huge population of both!
It is known all too well that Dr BR Ambedkar recommended separate Statehood for West UP and Justice Jaswant Singh Commission separate High Court Bench only to be dumped by Centre in the nearest backyard without any remorse or regret! 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? Population of Madhya Pradesh is just 7 crores, of Karnataka just 6 crores and of Assam just 4 crores!
Why the hell Supreme Court never dares to lash out ever at this most brazen, blind, brutal, blatant and baseless discrimination perpetrated in distribution of High Court Benches in not only different States but also different regions like in UP it is only Eastern UP alone which has both High Court and High Court Bench leaving other regions completely unrepresented including hilly areas as long as it formed part of UP, West UP, Purvanchal and Bundelkhand? Why the hell Supreme Court has tolerated most absurdly for so long and is still tolerating such most worst form of dastardly, divisive and double standard absurd discrimination perpetrated against different regions of same State like in UP or between different States and so also in allocating Statehood to different States? How long will Supreme Court sit with folded hands in allowing this most atrocious, arbitrary, arrogant and authoritarian third rated despicable discrimination perpetrated in distribution of High Courts and High Court Benches and High Court Circuit Benches in different regions and different States making most worst mockery of what is enshrined in Constitution and Preamble without anyone being held accountable for so long spell of time? Judiciary needs a heart that beats for all equally and not just for litigants of few elite States like Maharashtra! The Apex Court itself on many occasions has conceded candidly that, “It is cardinal in law that justice must not only be done but must also seen to be done.”
The billion dollar question is: How long will a solution to this long lingering High Court Bench issue in West UP just keep lurking in the shadows? To put it plainly, Centre’s absolute inaction on this front has to be most strongly and roundly condemned! On a serious note, the people’s most legitimate cry for a High Court Bench in West UP which is the pressing need of the hour also cannot be ever silenced on one pretext or the other!
With a very heavy heart, I want to say that Centre has been most biased in denying West UP even a single Bench! You don’t need a telescope to see that which State should have maximum High Court Benches as it is the most populated State of India with maximum number of pending cases! How long will Supreme Court be in hibernation mode on this count with 79 years already flown under the bridge of time since independence? It has to be acknowledged with grace and humility that denial of even a single High Court Bench to West UP which owes for majority of pending cases of UP which is also highest for any region in India is not only most dangerous and most deleterious but also most disastrous, most despicable and most dastardly discriminatory indeed!
The most fundamental question to ask here is: What has Centre achieved by denying West UP even a single High Court Circuit Bench for so long by forwarding most patently false, flimsy and flawed arguments shamelessly? Why the most compelling demand for High Court Bench in West UP and so also lawless Bihar is still being infantilized? To conclude, I still most fervently hope that as PM Mr Narendra Modi turns 75 on September 17, 2025 just like Constitution turned on January 26, 2025, he will change his absolutely flawed approach on this and step forward with broad chest to address willingly this most third rated absurd discrimination that has been perpetrated in judiciary itself for so long in distribution of High Court, High Court Benches and High Court Circuit Benches in different regions and different States so mercilessly without any logic whatsoever as this will be the biggest, boldest and best tribute to Constitution putting an end to the most open and worst trampling of Constitution and so also will certainly be befitting to his own tall stature also!
Sanjeev Sirohi