“However good the Constitution may be, if those who are implementing it are not good it will prove to be bad”. Therefore, providing law and procedure for its implementation may not result as desired if the persons who are implementing the same have mala fide intention or do not respect the law and its procedure.”
– Dr BR Ambedkar
It has to be definitely conceded with grace on the most auspicious occasion of November 26 when our Constitution was prepared 75 years ago what eminent, senior and learned advocates of Apex Court Dushyant Dave and KG Raghavan said endorsing that, “The Constitution of India is a “perfect instrument” and India is what it is today because of the Constitution.” This was their most enlightening opinion while they waited to make an urgent mentioning in a petition that pertained to Muda scam before the Karnataka High Court. It must be noted here that when Dushyant Dave who is former President of Supreme Court Bar Association appeared before a Bench of Hon’ble Mr Justice M Nagaprasanna through video conference, spotted KG Raghavan too logged in for the hearing and greeted his counterpart on Constitution day.
For sure, KG Raghavan very rightly pointed out that, “The Constitution of India is a beautiful document, an almost perfect instrument and one had to keep in mind that no instrument could be perfect. The Constitution was the only thing that was keeping the country going. We must be eternally grateful to Dr Ambedkar and his colleagues in the Constituent Assembly. But for them, we wouldn’t have been where we are today. And as you’ll agree sir, there’s no perfect instrument.”
To this, Dushyant Dave pointed out that while Constitution is a perfect document, a lot depend on those who implement and this was correctly prophesied by Dr BR Ambedkar as well. Dushyant Dave also while speaking up on his thoughts said plainly and pragmatically that, “But it is a perfect instrument. It is our understanding and implementation that are imperfect. It is a joy to read the debates. What foresight and intellect. Their prophecy is all turning out to be true today. Dr Ambedkar very simply but profoundly said that if a landslide (election victory) were to occur, it was quite possible for the democracy to retain its form but give place to dictatorship in fact.”
It is definitely as clear as broad day sunlight that which State needs more High Court Benches and which State does not need even a single High Court Bench! But the most unpalatable truth is that neither any Chief Justice of India nor any Prime Minister of India till date has ever bothered to take any initiative in this regard in last nearly 80 years of independence to do anything substantial to correct the most biggest Himalayan blunder committed in 1948 by creating only one High Court Bench for the most populated State of India with maximum number of pending cases that is Uttar Pradesh at Lucknow so near to Allahabad and nowhere else and worst of all attached litigants of 30 districts of West UP and people of hilly areas of undivided UP with not even Lucknow which falls 230 km earlier but right uptill Allahabad to seek justice which in itself is the biggest betrayal of Constitution in India and justice as litigants of West UP have to travel whole night and half day averaging 700 to 800 km and the condition of hilly areas was even worst! For 54 long years the litigants of hilly areas suffered like donkey as the most landmark recommendations of Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself nearly 50 years ago to create High Court Bench in Dehradun and Nainital in hilly areas of undivided UP and so also permanent seat in West UP In Agra as recommended was not implemented most unfairly and Maharashtra which already had multiple High Court Benches and one more was created at Aurangabad! Yet hardly anyone ever bothers to even think about it! Can there be a more bigger dictatorial decision on earth than this? Most unfortunate indeed!
We must be open about it. We can’t change the system unless we talk openly about it. There is no point in pushing this beneath the carpet. It is nothing but plain stupidity and sheer absurdity of the highest order that West UP owing for majority of the cases of UP has not even a single Bench and Eastern UP alone has both High Court and a single Bench so near to each other!
One is totally clueless on the rationale behind denying West UP even a single Bench inspite of owing for majority of pending cases of UP! Abolish all the high court benches in India if West UP cannot be given bench because West UP which owes for majority of pending cases not just in Uttar Pradesh but even in any other region of India and in any other State also and Centre till date is dead determined never to allow even a single Bench in any nook and corner of Uttar Pradesh other than the one so near to Allahabad at Lucknow in Eastern UP and worst of all attached 30 districts of West UP with not even Lucknow but with Allahabad which is 230 km away from even Lucknow due to which litigants of West UP have to travel 700 to 800 km on average all the way whole night and half day till Allahabad to seek justice which in itself is the biggest betrayal and open murder of Constitution and justice and makes litigants of West UP a laughing stock as it throttles the basic right of litigants of West UP to get “justice at doorsteps”! But no one in power in Centre really cares about it! This is the real rub!
By all accounts, UP must be treated as “primus inter pares” which means first among equals! But the most unfortunate part is that UP, lawless Bihar and Rajasthan are placed in the last row by depriving them from having multiple High Court Benches most chillingly with West UP and Bihar having none and PM and CJI watching like a helpless, hapless and hopeless spectator! I am astounded, ashamed, appalled and aghast at how much temerity Centre has demonstrated in bulldozing the most legitimate demand for a High Court Bench in West UP, Purvanchal, Bundelkhand and lawless Bihar right since independence till date! In news channels we hear repeated incidents of crime, violence and communal incidents in UP and lawless Bihar and still Centre has treated these states like a beggar when it comes to creation of more High Court Benches in these States even though the 230th Report of Law Commission of India recommended creation of more High Court Benches in States!
It was Dr BR Ambedkar who recommended creation of Eastern UP, Western UP and Central UP as three different States but his most landmark recommendations were thrown in dustbin and even after 75 years they are still lying in dustbin! Let me go first and foremost to the root of the matter by asking few most elementary questions. Which person in his/her right senses or any political party believing in what the Constitution stands for about the very concept of equality as enshrined in Article 14 of the Constitution ever try to justify the denial of even a single High Court Bench to West UP knowing it fully well that it is West UP which owes for more than half of the total pending cases of Uttar Pradesh (as acknowledged even by Justice Jaswant Singh Commission appointed by Centre itself) which is the most populated State of India with maximum number of pending cases among all the States in India and still has been mercilessly deprived from having even a single High Court Bench? Why only Eastern UP has been equipped with both High Court at Allahabad and a single High Court Bench in Lucknow so close to Allahabad and nowhere else and worst of all attached litigants of West UP with not even Lucknow but right uptill Allahabad to seek justice which in itself is the biggest injustice as majority of pending cases are from West UP as conceded even by Justice Jaswant Singh Commission? Denial of even a single High Court Bench to West UP has well shred the modicum of civility that remains in Indian politics knowing fully well that West UP owes for majority of cases of UP for whom even Justice Jaswant Singh Commission appointed by Centre itself recommended permanent High Court Bench in West UP yet not created but for States like Maharashtra which already had multiple High Court Benches at Nagpur and Panaji we saw how one more was created at Aurangabad in Maharashtra even though it is Maharashtra which tops the State List Ranking in Justice Index and UP and lawless Bihar figures very lower down and still Centre does not favour more High Court Benches in UP and even a single in West UP and Bihar! How long will affordable justice at doorsteps remain a pipe dream for more than 10 crores people of West UP?
What makes my blood boil the most is that Centre since last 78 years has treated UP, lawless Bihar and Rajasthan in most ruthless manner by giving them either one Bench or not even a single like Bihar which is most deplorable! It is truly most incomprehensible that why Centre took no time in 2014 to approve both High Court and Capital for Telangana with just 3 crore people but not a single High Court Bench for West UP with more than 10 crores people even ten years later in 2024! Denial of even a single Bench to West UP stands as a testament to how shamelessly, sinisterly and surreptitiously Centre has discriminated against West UP! Now it is being reported in media that Andhra Pradesh with just 4 crore population which was created separate from Telangana in 2014 has approved a Bench in Kurnool with Assembly endorsing it but we see no such action in Uttar Pradesh! How can Centre discriminate so ruthlessly with impunity and yet our Supreme Court most shockingly never saying a word on it! This must change now! The earlier, the better! This will be the best tribute that can be paid to the Constitution!
What we see in case of distribution of High Court Benches in different States most unequally and most disgracefully is by Centre giving few elite States like Maharashtra, Assam, Karnataka, West Bengal and Madhya Pradesh multiple High Court Benches leaving out big States like UP, Rajasthan and Bihar to suffer most unjustly with just one or no Bench which makes a complete mockery of the very concept of justice, truth and equality as enshrined in Constitution and is definitely the biggest disrespect to it and many like me term it as “murder of Constitution”! Why Centre keeps mocking at UP knowing fully well that it is UP which tops the States list in having maximum number of pending cases and has maximum population and here too it is West UP which owes for more than half of the total pending cases of UP and has more population than most of the States in India including Karnataka, Madhya Pradesh, West Bengal, Assam among others who have multiple High Court Benches apart from High Court but West UP has ruthlessly been deprived from having even a single High Court Bench ?
Why is it ignored that even legal giants like Ram Jethmalani, Soli J Sorabjee, Kapil Sibal etc have time and again reiterated the dire need for setting up a high court bench in West UP? Why is it ignored that Soli J Sorabjee as Attorney General had said in 2001 that, “Centre can create a High Court Bench in West UP without any recommendation from the State Government or the Chief Justice.” Why is it ignored that even former Supreme Court Bar Association President BN Krishnamani had said that, “Only by the creation of a high court bench in West UP will the people living there get real and effective justice. It should not be denied to them rather should be given at the earliest.” Why is it conveniently ignored that incumbent President of Supreme Court Bar Association Kapil Sibal had recommended for High Court Bench in West UP at Meerut when he was Union Law Minister in UPA regime? Why is it ignored that former UP CM Sampoornanand recommended a High Court Bench for West UP in 1955 at Meerut but Centre overruled him! The incumbent UP CM Mr Yogi Adityananth himself more than 25 years ago demanded High Court Bench in Parliament for Gorakhpur and in 2015 even presented a Private Member Bill in Parliament for the same with tears in eyes! The former UP CM Ms Mayawati recommended partition of UP into few parts in 1995 with West UP to be created as a separate State to be named “Harit Pradesh” and she still affirms by it! But on ground we see not even a single High Court Bench approved even though incumbent CM Mr Yogi Adityanath recommended for a High Court Bench in West UP to Allahabad High Court in January 2024 only to be withdrawn the very next day for some undisclosed reasons! These are all bone chilling facts and they cannot be just swept beneath the carpet!
Let me put it this way: Why is Centre mutilating Article 14 of Constitution by denying West UP even a single Bench and equipping Eastern UP alone with both High Court and a Bench? Why Maharashtra tops in latest Justice Index Ranking States list and still has maximum Benches and UP even though figuring in bottom and owing for maximum cases still one Bench only? Why West UP owing for more than half of the total pending cases has no Bench? This is nothing but sheer subversion of Constitution itself and what it stands for!
What is worst is that even after 75 years we hardly notice any big change in Bench distribution and the 230th Report of Law Commission of India which recommended creation of more High Court Benches in States is still gathering dust after more than 14 years! Why even Apex Court not once in last 75 years has dared to take suo motu cognizance of it under Article 142 of Constitution is truly incomprehensible? Why not one Bench created in last 75 years in Uttar Pradesh which owes for maximum pending cases among all States and West UP owes for more than half of them yet no Bench?
The billion dollar question is: When will Centre bring the curtains down on the most pressing issue of setting up a High Court Bench in West UP which has been hanging fire for a mind boggling time of more than 78 years? When will Centre go full throttle in ensuring that the creation of a High Court Bench in West UP is done now without any more dilly-dallying on one pretext or the other? On a broader plane, what must weigh maximum in Centre’s scheme of things is its commitment to ensure that the litigants of West UP gets justice at doorsteps which is its Constitutional obligation also which is possible only by the creation of a High Court Bench in any of the district of West UP at the earliest!
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