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 from having multiple High Court Benches and so also Bihar and Orissa from having even a single Bench not even a single Circuit Bench most astoundingly! 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? 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!
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 29 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 permanent seat in UN Security Council by breaking monopoly of 5 big countries without itself breaking monopoly of five elite States in having multiple High Court Benches!
If one look at the whole picture, we see that it reflects a 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? This is a stark reminder of how much Centre cares for litigants of West UP! Why Apex Court never takes Centre to task for it?
On 17 December, 2025 there was complete shutdown of West UP and lawyers of West UP also boycotted court proceedings from December 15 to December 17 in protest against West UP not being given even a single High Court Bench since last about 80 years just like many times earlier even though West UP contributes maximum to State’s economy and yet litigants are made to suffer not only just financially but also mentally and physically by being made to travel most foolishly till not even Lucknow but right uptill Allahabad most astoundingly yet neither the Chief Justice of Allahabad High Court nor the Chief Justice of India nor any Judge of Allahabad High Court or Supreme Court ever bother to take suo motu cognizance of this open dacoity and worst discrimination perpetrated in judiciary itself right under the nose of Apex Court and Allahabad High Court! This despite the most irrefutable fact that Dr BR Ambedkar recommended separate Statehood itself for West UP and separate High Court and Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent seat of High Court Bench in West UP about 50 years ago yet not even a single High Court Circuit Bench created till date even though more than 63 percent of pending cases are from West UP and so many Chief Minister like Dr Sampoornanand in 1954 and so also ND Tiwari, Mayawati among others have recommended creation of a separate High Court Bench in West UP from time to time and even Hansraj Bhardwaj as Union Law Minister of India in 1986 had recommended creation of High Court Bench in West UP but nothing done absolutely in this direction on ground which is crippling the litigants of West UP from all aspects yet neither Allahabad High Court nor Apex Court ever bother to take suo motu cognizance of it! This is undoubtedly most disgraceful and most disgusting indeed!
By any reckoning, UP would never have been partitioned if Chief Justice of Allahabad High Court or Chief Justice of India had taken suo motu cognizance of open dacoity in implementation of Justice Jaswant Singh Commission Report headed by former Supreme Court Judge appointed by Centre itself who recommended maximum three High Court Benches for undivided UP and yet not one created due to which people of hilly areas of undivided UP now Uttarakhand had to travel thousands of kilometers like a slave all the way till again Allahabad to seek justice and Maharashtra which already had multiple High Court Benches in Nagpur and Panaji was given straightaway one more at Aurangabad for just 7 districts then as recommended even though Maharashtra already had multiple High Court Benches at Nagpur and Panaji just like for Jalpaiguri in West Bengal for 5 districts which already had High Court Bench in Port Blair and so also at Madurai in Tamil Nadu even though population of Tamil Nadu is far less than even West UP! Two High Court Circuit Benches recommended by Justice Jaswant Singh Commission for hilly areas of undivided UP yet not one created which culminated in resentment brewing further and in partition of undivided UP 25 years ago and one permanent seat of High Court Bench was also recommended for West UP in Agra yet not created even after nearly 50 years!
On balance, it is extremely tragic and most heart breaking to see how Centre has most perversely ensured that big States like UP and Rajasthan are deprived from having multiple High Court Benches and so also other big States like Bihar, Orissa and others don’t have even a single Bench not even a Circuit Bench! Yet all the news channels never bother to ever discuss it and so also most of the national newspapers never publish any leading editorial on it! Is this democratic style of functioning or dictatorship style of functioning on this count? What bleeds my heart most of all is Supreme Court never daring to take suo motu cognizance of it even though it violates Article 14 of the Constitution nor deciding it if someone approaches as in November 2018 we saw that Apex Court conceded that creation of a High Court Bench in West UP is justified but added a rider saying that it is for Centre to decide! Does Centre stands above Constitution? Does Parliament stands above Constitution?
By the way, it cannot go unnoticed that Maharashtra is not the most populated State of India nor has maximum number of pending cases and still has so many High Court Benches – five maximum among all States with latest Bench created at Kolhapur which started functioning from August 18, 2025 while big States like UP which has maximum number of pending cases among all States and Rajasthan having only one each and lawless Bihar with more population than Maharashtra not even one just like Orissa and West UP which owes for majority of pending cases of UP has not even a single Bench! UP which has more than double the population of Maharashtra has just one and that too so close to Allahabad at Lucknow and litigants of 30 districts of West UP attached with not even Lucknow but right uptill Allahabad which means whole night and nearly a day wasted in just travelling alone about 700 to 750 km on average by train while Kolhapur and adjoining districts averages 350 to 380 km till Mumbai High Court and still one more High Court Bench in Kolhapur for just 6 districts started functioning from Aug 18, 2025! Why is Supreme Court not taking suo motu cognizance of non-implementation of Justice Jaswant Singh Commission report in West UP even after horrible partition of UP 25 years ago due to this reason only and with what face has it allowed fifth High Court Bench in Kolhapur for just 6 districts whose population is more than 10 times less than that of West UP for whom Justice Jaswant Singh Commission recommended permanent seat of High Court Bench about 50 years ago yet not even a Circuit Bench created is most startling indeed? All I am saying and submitting is: For how long will West UP be deprived from having not just a permanent seat of High Court Bench but even a Circuit Bench so spinelessly and so sinisterly by Centre with Apex Court leaving litigants of West UP at whims and fancies of Centre as we have seen since last about 80 years? This third rated discrimination that has been perpetrated flies in the face of what is enshrined in Article 14 of Constitution yet most worryingly we see that even Apex Court which is last ray of hope for the people is not taking suo motu cognizance of it!
By all accounts, the creation of a High Court Bench in West UP, Bihar and other needy regions and States will undoubtedly be a watershed moment but till date when 100 years of independence is standing at the doorsteps, Centre so far is in no mood to relent and we still see no end of the dark tunnel even after completion of nearly 80 years of independence for which Centre is squarely culpable! Let me reiterate: It is high time that Centre stops dishing flimsy excuses for not creating a High Court Bench on one pretext or the other! Centre cannot and should not put this most pressing issue in creation of High Court Benches in cold storage any longer affecting so many regions and States most spinelessly! It definitely brooks no more delay any longer now!
Sanjeev Sirohi,