“Justice consists not in being neutral between right and wrong, but finding out the right and upholding it, wherever found, against the wrong.”
— Theodore Roosevelt
It is absolutely baffling that West Uttar Pradesh, with an area of 98,000 square km—larger than Bihar’s 94,000 square km—and a population of over 10 crore people, does not have a single High Court Bench or even a High Court Circuit Bench. Neither the Centre, which receives the people’s mandate, nor the Supreme Court, the final custodian of fundamental rights, has taken serious action on this issue. Pragmatically, it would have been far better for West UP, with 30 districts and over 10 crore residents, to have multiple High Court Benches or a separate High Court altogether.
Most concerning is that West UP has gone nearly 80 years without even a High Court Circuit Bench, yet the Apex Court has never taken suo motu cognizance of this blatant violation of Article 14 of the Constitution, which guarantees equality. The Supreme Court cannot abdicate its role by leaving this entirely to the Centre. This prolonged inaction tarnishes the reputation of the Apex Court as a protector of the rights of the deprived and needy.
Anyone with even minimal knowledge of the Constitution knows that the Supreme Court is duty-bound to act for the litigants of 30 districts of West UP, and similarly for lawless Bihar, which also lacks a High Court Bench. In contrast, smaller states like Karnataka have multiple High Court Benches. The unjustified discrimination in distributing High Courts and High Court Benches cannot be rationalized and must be rectified immediately.
The incumbent CJI, Hon’ble Mr Justice BR Gavai, has sagaciously emphasized the need for decentralization of the judicial system, stating, “To get justice to the man standing at the last mile was important and thus, there has to be decentralization of the judicial system.” This principle fully applies to West UP and Bihar.
On June 26, 2025, at a felicitation organized by the Advocates Association of the Aurangabad Bench of the Bombay High Court, CJI Gavai supported setting up a Bench of the Bombay High Court at Kolhapur, observing that justice should be accessible to every citizen, and that it is financially unfeasible for everyone to travel to Mumbai. Similarly, the 30 districts of West UP, contributing a major share of Allahabad High Court’s pending cases, deserve a High Court Bench. Justice Jaswant Singh Commission had recommended this decades ago, yet the demand remains unmet, forcing the poorest litigants to travel overnight to Allahabad for hearings—a gross betrayal of justice.
Few elite states like Maharashtra, Karnataka, Assam, West Bengal, and Madhya Pradesh have multiple High Court Benches, while West UP and Bihar are denied even one, despite contributing significantly to state and national economies. Recent developments, such as the fifth High Court Bench in Kolhapur (6 districts, population 1.64 lakh) starting on 18.08.2025, highlight the absurdity of this discrimination.
The creation of separate states like Telangana (3.5 crore) and the Andhra Pradesh High Court Bench at Kurnool contrasts sharply with West UP’s situation. Despite recommendations by Dr BR Ambedkar, former CM Mayawati, and Justice Jaswant Singh Commission, West UP has not been granted even a High Court Circuit Bench.
The Aurangabad Bench of Bombay High Court serves nine districts; the Nagpur Bench covers ten districts; the Panaji Bench covers two districts; the Kurnool Bench of Andhra Pradesh covers eight districts; the Gwalior Bench of MP High Court covers five districts; and Karnataka has Benches at Gulbarga and Dharwad with fewer districts than West UP. Yet, West UP, with 30 districts and over 10 crore residents, remains unrepresented.
The Supreme Court’s inaction in addressing this blatant discrimination is deeply troubling. Eastern UP has both Allahabad High Court and Lucknow Bench, while West UP, responsible for the majority of pending cases, remains unserved. The denial of even a single Bench to West UP is wholly untenable and must be rectified without further delay.
Legal luminaries like late Ram Jethmalani, late Soli J Sorabjee, and Kapil Sibal have repeatedly supported the demand for a West UP Bench. Sorabjee, as Attorney General in 2001, explicitly stated that the Centre can create a High Court Bench in West UP without any recommendation from the State Government. Strikes and protests by West UP lawyers over decades have underscored the urgency of this demand.
Former Supreme Court Judge Hon’ble Mr Justice (Retd) Markandeya Katju, in his blog dated September 24, 2025, wrote:
“While I do not approve of blocking roads, I believe that the demand for a bench of the Allahabad High Court in western Uttar Pradesh is fully justified. Litigants of western UP face a huge financial and logistical burden traveling to Allahabad. Justice delayed by distance and financial hardship is justice denied.”
The Centre’s continued delay, and the Supreme Court’s passive stance, is a violation of Article 14 and a grave injustice to the people of West UP. High Court Benches are meant to strengthen speedy justice and deliver justice at doorsteps, yet West UP’s litigants suffer unduly.
It is high time the Supreme Court take suo motu cognizance and ensure West UP receives a High Court Bench without further delay. Failure to act will erode public trust in the judiciary and highlight systemic bias against populous and underserved regions. Justice delayed any longer is justice denied.
(NOTE: The opinions expressed in this article are solely those of the author and do not necessarily reflect the views or opinions of Kashmir Dot Com, its editorial staff, or its affiliates. KDC does not endorse or guarantee the accuracy of any claims made in this opinion piece.)
