It is most shocking that UP which is among the largest States, has maximum population – more than 26 crore as CM Yogi Adityanath and so also PM Narendra Modi always so very proudly claims which means more than even Pakistan at 25 crores, maximum districts – 76, maximum constituencies – 80, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi who represents Varanasi as an MP, maximum pending cases – more than 11 lakh in Allahabad High Court and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57% and now after so many decades the percentage of pending cases in West UP has gone substantially much higher, maximum cases in lower courts about to touch 1 crore, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges both in High Court and also in lower courts, maximum members in UP Bar Council more than 3 lakh and which is also the largest Bar Council in the world as claimed in the website itself of UP Bar Council yet the former Chairman of UP Bar Council – Darvesh Yadav who was the first woman to get appointed to this post was murdered cold blooded right in court premises in Agra which is again in West UP on June 12, 2019 by pumping bullets on her head and stomach, maximum poverty, maximum villages more than one lakh the exact number being 107040, maximum gram panchayats at 74626, maximum fake encounters killings, maximum official encounters more than 15,000 from 2017 till date, maximum custody killings, maximum dowry cases, maximum bride burning cases, maximum cases of human rights violations, maximum robberies, maximum dacoities, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and just recently we see after Bahraich even Fatehpur and now most recently even Bareilly in West UP coming in news for shameless communal disturbances most recently, maximum undertrials in all age groups and what not yet Centre till now in December 2025 from July 1948 when a Bench was created in Lucknow which is so close to Allahabad and where it was just not needed at all is not prepared to create even a single bench for not just West UP but for the entire UP nor even ready to attach 30 districts of West UP with more than 10 crore population which is more than majority of States with Lucknow? How can Centre ever deny, distort or dispute such most irrefutable facts? What exacerbates matters is Centre stonewalling any attempt to create a Bench in West UP or any other part of UP except Eastern UP!
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 and here too it is West UP which owes for majority of pending cases of UP and still leave alone High Court or Bench not even a Circuit Bench Centre is ready to concede most disgracefully and most mercilessly the litigants of 30 districts of West UP with more than 10 crore people attached with not even Lucknow which falls much earlier but right uptill Allahabad most astoundingly which is already overburdened with huge pending cases! 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? Perhaps the saddest part is even Apex Court has not stepped forward to ensure that West UP gets a High Court Bench which it so richly deserves also!
This Bench issue in West UP will refuse to die down unless and until it is addressed permanently by creating a High Court Bench in any district of West UP. Centre has no “jadu ki chadi” or “magic wand” to reduce huge backlog of pending cases in Allahabad High Court but creation of High Court Bench in West UP and other needy regions can go a long way in playing an instrumental role in reducing it to a large extent! If this worst discrimination is not addressed now, the concept of equality as enshrined in Article 14 of Constitution as fundamental right will remain only on paper! One is left wondering aloud that, “Why Supreme Court is tolerating most merciless discrimination in judiciary in distribution of High Court Benches in different regions and different States?”
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 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 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! Even Lahore High Court in Pakistan and so also High Court or Bench of 8 different States are closer to West UP than Allahabad High Court which is why 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 Circuit Bench created till date most astoundingly! It was also acknowledged that majority of pending cases are from West UP and still both High Court at Allahabad and Bench in Lucknow are in Eastern UP only which is most baffling!
It is a national disgrace that news channels and national newspapers never bother to spare some time for highlighting such a serious issue directly affecting so many litigants from so many districts! The real tragedy is that even Apex Court till date is doing just nothing even after nearly 80 years of independence which has left me completely dumbfounded! This reveals a stark reality: Even Apex Court is taking this most worst absurd discrimination for granted for so long without any justification whatsoever!
It is definitely most deeply anguishing to see that the lawyers of 22 districts of West UP out of total 30 districts with more than 10 crore people have been so unitedly agitating for a High Court Bench with full discipline since last about 80 years of independence and I myself have been personal witness to this most sacred agitation since last about 25 years in Meerut yet most disappointingly to no avail! As recently as on 20 September, 2025, the lawyers of West UP of 22 districts protested and held dharna and protested against the step-motherly treatment accorded to West UP and on December 17, 2025 there will be “complete shutdown” in West UP in protest of denial of High Court Bench to West UP because once again Maharashtra which already had multiple High Court Benches at Mumbai, Aurangabad, Nagpur and Panaji was given one more fifth at Kolhapur for just 6 districts which started functioning from Aug 18, 2025 and population also very less but West UP with 30 districts and more than 10 crores people has not even a single High Court Circuit Bench! This is definitely most disgusting indeed and presents a most disturbing picture of the sorry state of affairs and “open slaughtering of justice and equality” yet Centre is not doing anything on this even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself about 50 years ago recommended permanent seat of High Court Bench in West UP at Agra yet not created till date anywhere in West UP and on its recommendation one High Court Bench already created at Aurangabad in 1980s itself for just about 7 districts then! Uttar Pradesh has maximum number of airports – 21 and maximum international airports – 5 at Lucknow, Kushinagar, Ayodhya, Varanasi and Noida still only one High Court Bench at Lucknow so close to Allahabad High Court and litigants of West UP attached with not even Lucknow but right uptill Allahabad most stupidly!
By the way, Maharashtra is not 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 while big States like UP and Rajasthan having only one each and lawless Bihar with more population than Maharashtra not even one just like Orissa and 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 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 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?
Much water has flown down the bridge since India became independent in 1947 but the most stark truth is that even nearly 80 years later in December 2025, we see that West UP is without a High Court Bench which is definitely most deplorable, most dangerous, most self destructive and most discriminatory that even Supreme Court has dared not to ever intervene even when UP was undivided! Why Supreme Court has so quietly tolerated such dastardly discrimination in distribution of High Court Benches in different States and in different regions? If this is not the biggest tight slap on Constitution and Dr BR Ambedkar, then what else is? I just don’t buy any rubbish argument forwarded by Centre to deny West UP even a single High Court Bench even when UP was undivided and Centre knows fully well that the High Courts and Benches of eight States like Punjab, Haryana, Rajasthan, Madhya Pradesh, Himachal Pradesh among others are much closer to West UP than Allahabad High Court with even Lahore High Court in Pakistan being much closer to West UP than Allahabad!
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 Centre is ready to open its eyes and take most concrete action to dismember the most historical, Himalayan blunder committed about 80 years ago! 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 so long! Apex Court has definitely not crowned itself with glory by doing absolutely just nothing tangible on this front since last nearly 80 years of independence!
What is Supreme Court meant for when right to equality as enshrined in Article 14 of Constitution is trampled upon most horrendously and most mercilessly by Centre by shamelessly perpetrating most third rated worst discrimination perpetrated in distribution of High Courts, High Court Benches and High Court Circuit Benches in different States and different regions without any rhyme or reason? The sole hegemony of few elite regions like Eastern UP having both High Court at Allahabad and a single High Court Bench at Lucknow so close to each other is continuing uninterrupted for nearly 80 years and so also few elite States like Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam is continuing uninterrupted and yet Supreme Court by never taking suo motu cognizance of it has disgraced itself most horribly leaving its reputation in tatters on this front! This must end now!
To survive and thrive, India must go beyond empowering just five elite States – Karnataka, Maharashtra, Madhya Pradesh, Assam and West Bengal with multiple High Court Benches leaving all other 24 States in the cold without any prima facie reason for the same not sparing even big States like UP, Rajasthan and lawless Bihar among others! Centre must act now or risk falling irreversibly behind! Centre’s approach is definitely not in consonance with what is enshrined in Article 14 of Constitution! Being the world’s largest democracy, it is high time that the merciless discrimination in distribution of High Court Benches in different States and different regions is abolished most promptly altogether as it brooks no more delay any longer now!
Most disconcertingly, we see that Centre’s step-motherly treatment for big States like UP, lawless Bihar and Rajasthan and Orissa is starkly evident! The most telling part is: Even Apex Court has never spared time to catch the bull by the horns by taking suo motu cognizance of such a most pressing issue directly concerning judiciary itself! The soul of Indian Constitution that is Article 14 envisaging right to equality as fundamental right is being trampled upon most ruthlessly by Centre in depriving West UP from having even a single Bench yet Apex Court is not willing to take suo motu cognizance of it!
This alone explains why it is so famously said that, “Supreme Court is final but definitely is not infallible.” It would be prudent to recall that Richard Allen Posner who is a great legal luminary and former American Judge once most sagaciously noted that, “It is better for us to view Judges as humans, not as ‘a Promethean, intent on changing the world, or a saint, devoid of human weaknesses, biases, and foibles’.”
When Supreme Court can address gender inequality by ordering 30 percent reservation for women lawyers in State Bar Councils then why regional and State inequality cannot be addressed by ordering High Court Bench in West UP? It definitely merits course correction at earliest to salvage its lost reputation on this count and must do some honest and serious self introspection on it! It brooks no more delay any longer now!
The most critical question is: Why 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 which was prime reason for partition of undivided UP 25 years ago, 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? Over and above all, how can Centre and top court most mercilessly and most groundlessly keep favouring baseless, blatant and brutal discrimination between different States and different regions and keep rubbishing the most legitimate demand for a High Court Bench in West UP without any bona fide reason as per its own whims and fancies as we see also right now?
Unquestionably, UP would never have been partitioned if Supreme Court had displayed moral spine to order two High Court Circuit Benches in Dehradun and Nainital as was recommended also by Justice Jaswant Singh Commission appointed by Centre itself and so many innocent persons would not have lost their lives in the demand for Bench escalating into separate Statehood itself! The lawyers of hilly areas and lawyers of West UP unitedly struggled for the implementation of Justice Jaswant Singh Commission in UP where it recommended maximum three High Court Benches – two for hilly areas and permanent Bench for West UP about 50 years ago yet not even one created most horrendously leading to partition of UP 25 years ago! What if situation in West UP turns out similarly in future with demand for separate Statehood gaining chorus? Who will be held responsible for it? There is a deep-seated unease and huge resentment brewing over such an inordinate unjustified delay in setting up a High Court Bench in West UP! It is Supreme Court and Centre who would be blamed for doing absolutely just nothing on it!
To put it gently, it would not be completely off the mark to say that it is West UP where High Court should now be shifted as the pendency of cases in Allahabad High Court continues to be staggeringly high putting an unprecedented strain on the judicial system and majority of pending cases are from West UP as was conceded by Justice Jaswant Singh Commission also! But what I find most deeply unsettling and so also most perplexing to note is that West UP has not even a High Court Bench nor even just a High Court Circuit Bench and still Supreme Court says nothing! When will it speak up? It must speak up now fearlessly in the interest of justice so that the poorest litigants of West UP stands to gain the most and don’t just keep on suffering endlessly with no end in sight for no fault of theirs!
Will creation of more High Court Benches ensure or hinder the rule of law? No prizes for guessing the clear writing on the wall! Why the most legitimate voice of the litigants of West UP for a High Court Bench has been throttled for so long despite West UP owing for majority of pending cases of UP and so also contributing to more than 80% of the State’s economy? The crux of the problem is: Centre is least interested in taking any pains to seriously resolve this long pending issue which definitely has to be roundly and most strongly condemned!
None other than the incumbent CJI – Hon’ble Mr Justice Surya Kant had himself candidly acknowledged while on a trip to Meerut Bar early this year that a High Court Bench in West UP is a dire necessity and must be created at the earliest as was disclosed by the President of Meerut Bar Association – Mr Sanjay Sharma. One fervently hopes that he ensures that the needful is done in this direction at the earliest and so also in all those regions and States where it is necessary as was recommended also by the 230th Report of the Law Commission of India 16 years ago!
By all accounts, there can be just no gainsaying that failure to act will not only just erode but also completely destroy public trust in the judiciary and the systemic bias against West UP that has already been exposed as we see openly that how despite owing for majority of the pending cases of Allahabad High Court and contributing again in majority to the State’s economy only to receive such a shabby step-motherly treatment by being denied most unfairly the right to “speedy and affordable justice at doorsteps” for so long without any bona fide reason which culminates in justice being delayed and justice delayed is justice denied! It is high time and Supreme Court must definitely now take suo motu cognizance of it most promptly and stop keeping a deafening silence that affects billions of litigants so hugely with poorest litigants bearing the worst brunt! Centre for so long has been consistently maintaining that it is considering setting up of High Court Bench in West UP yet after nearly 80 years not even a Circuit Bench set up but in Eastern UP which already had High Court at Allahabad since centuries, Centre did not take even an year after independence to set up most promptly permanent High Court Bench in Lucknow in July 1948! How can Apex Court so quietly tolerate most merciless discrimination in judiciary in distribution of High Court Benches in different States and different regions for nearly 80 years of independence?
Sanjeev Sirohi