Introduction
The justice system in India is designed to ensure that every citizen has access to timely and efficient legal remedies. However, the distribution of High Court Benches in various states plays a pivotal role in determining the accessibility of justice. In this regard, the state of Uttar Pradesh (UP), which is the most populous state in India, presents a glaring disparity in the distribution of High Court Benches, primarily affecting the western region of the state. Despite having a population of over 25 crore, UP has only one High Court Bench, located in Lucknow, in close proximity to the main High Court in Allahabad. This inadequate distribution severely hampers access to justice for millions of citizens, particularly those residing in Western UP. In this article, we will delve into the historical context, political promises, and the pressing need for expanding High Court Benches in UP to ensure equitable access to justice.
Historical Perspective
To understand the issue at hand, it is essential to examine the historical context of the distribution of High Court Benches in UP. It is perplexing that, for over 53 years, the nearly one crore people residing in the hilly areas of undivided Uttar Pradesh were required to undertake arduous journeys of thousands of kilometers, not just to Lucknow (which falls about 230 km earlier) but all the way to Allahabad to seek justice. The pressing question arises as to why, for a state as vast as Uttar Pradesh, only one High Court Bench was established in July 1948, less than a year after India gained independence, and that too in Lucknow, which is in such close proximity to Allahabad, where the High Court itself is located. This raises fundamental questions about the rationale behind creating a Bench in Lucknow when it was arguably not needed, given its proximity to Allahabad.
Political Will and Promises
The lack of High Court Benches in UP’s western region is not for lack of demand or political will. Eminent leaders have consistently raised their voices in Parliament and various forums, calling for the establishment of High Court Benches in Western UP. For example, former Prime Minister late Shri Atal Bihari Vajpayee thundered for a High Court Bench in West UP in Meerut in 1986. Similarly, Shri Yogi Aditya Nath, the Chief Minister of UP, has been advocating for a High Court Bench in Gorakhpur for over 25 years, even presenting a private member bill in Parliament in 2015. Shri Satyapal Singh, a senior BJP leader and former Mumbai Police Commissioner, has voiced the need for five High Court Benches in Uttar Pradesh, including Meerut, Agra, Jhansi, Varanasi, and Gorakhpur. Even Mr. Rajnath Singh, the Union Defence Minister, assured the people of West UP that a High Court Bench would be promptly created in the region if BJP was voted to power at both the Centre and the State. Shri Sanjeev Kumar Baliyan, another senior BJP leader from West UP, has vehemently advocated for a separate State with Meerut as the place for the High Court Bench.
The demands and assurances are not confined to mere political speeches. There are instances of leaders like Mr. Rajendra Aggarwal of the BJP, who was felicitated in the Meerut Bar for speaking vocally in support of a High Court Bench in Western UP. However, despite the promises and demands, the ground reality remains unchanged, and Centre’s indifference prevails.
Equitable Distribution
One must also question why some states receive multiple High Court Benches while states like UP and Bihar have been left in the cold for decades. The principle of “Jitni Abadi Utna Haq” (The right is proportional to the population) is valid not only in the context of caste census but also in the allocation of High Court Benches. Uttar Pradesh, with its large population and a high number of pending cases, should logically have more High Court Benches. During the UPA’s tenure, lawyers from Western UP submitted memoranda to create a High Court Bench in any of the 30 districts in the region, but their pleas fell on deaf ears. On the other hand, states like Karnataka received additional High Court Benches with much smaller populations.
The Weight of Pending Cases
The staggering number of pending cases in UP further emphasizes the need for additional High Court Benches. Uttar Pradesh, with its massive population, holds the unenviable distinction of having the highest number of pending cases in India. The backlog of cases awaiting adjudication in UP’s judicial system is staggering, with over 10 lakh cases pending in the High Court and nearly one crore in the lower courts. What is particularly noteworthy is that over half of these pending cases are concentrated in Western UP.
Access to Justice Challenges
The unequal distribution of High Court Benches in Uttar Pradesh has significant ramifications for access to justice. Litigants from Western UP often have to travel vast distances to reach the High Court in Allahabad. In an era of rapid digital transformation and technological advancements, the need for physical travel to access justice seems incongruous. Furthermore, the overcrowding and overburdening of the existing High Court in Allahabad exacerbates the problem. As the caseload continues to grow, the justice delivery system faces increasing strain, leading to prolonged delays and amplified suffering for litigants.
The Imperative for Expanding Benches
In light of the challenges faced by litigants in UP, especially in Western UP, it is imperative that Uttar Pradesh have more High Court Benches. This need extends beyond Western UP to regions like Bundelkhand and Purvanchal. With its enormous population, extensive backlog of cases, and a high number of judges, UP should have more High Court Benches to ensure efficient justice delivery. The Centre’s reluctance to act on this issue, despite repeated pleas and demands, underscores the urgency of the matter.
Historical Recommendations
The glaring imbalance in the distribution of High Court Benches within UP raises serious questions about justice accessibility. The burden placed on litigants from Western UP, who often travel long distances to seek justice, is not only an affront to justice but also a reflection of insensitivity towards the welfare of citizens. It is time for the Centre to address this issue with the seriousness it deserves.
Conclusion
In conclusion, the lack of High Court Benches in Uttar Pradesh, particularly in Western UP, is a matter of national significance. The delay in addressing this issue has far-reaching consequences, with millions of citizens being denied equitable access to justice. It is incumbent upon the Centre to act swiftly and decisively to establish additional High Court Benches, addressing the regional disparities and ensuring that justice is not just a distant dream for the people of Western UP but a fundamental right accessible to all. The time for action is now, and the Centre must not waver in its duty to uphold justice for all citizens. Bridging the justice gap in Uttar Pradesh is a matter of urgency and moral imperative.
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