Lok Sabha Question No. 436 (STARRED), answered on 2023-03-31
Subject: Change in Names of High Courts
Ministry: LAW AND JUSTICE
Asked by: Rahul Ramesh Shewale

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO. 436

## TO BE ANSWERED ON FRIDAY, THE 31.03.2023

## Change in Names of High Courts

## *436. SHRI RAHUL RAMESH SHEWALE

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  State  Governments  whose  capital  names  have  been  changed have  requested  the  Union  Government  to  change  the  names  of  their respective High Courts as per the new names of the capital;
- (b) if so, the names of those States that have requested the Union Government to change the names of their respective High Courts;
- (c) the reaction of the Union Government thereon;
- (d) the steps taken so far by the Union Government to expedite the matter; and
- (e) the  time  by  which  the  final  decision  is  likely  to  be  taken  in  this  regard, particularly for Maharashtra?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

- (a) to (e): A statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (e) of Lok Sabha Starred Question No. *436 due for answer on 31.03.2023 regarding 'Change in Names of High Courts'

(a) to (e): With the enactment of the city of Madras (Alteration of Name) Act, 1996, the  city  of  Madras  was  renamed  as  Chennai,  following  which  the  Tamil  Nadu Government sent a proposal for changing the name of Madras High Court as High Court of  Chennai,  in  1997.  Since  the  names  of  the  cities  of  Bombay  and  Calcutta were also changed as Mumbai and Kolkata, and the respective High Courts of States are located in these cities, it was considered appropriate to change names of these two High Courts as well.   The Government brought a legislation titled  'The High Courts (Alteration of Names) Bill, 2016' regarding changing the names of High Courts of Bombay,  Calcutta  and  Madras  as  High  Courts  of  Mumbai,  Kolkata  and  Chennai respectively, and the same was introduced in the Lok Sabha on 19 th July, 2016.

Meanwhile the name of Orissa state was changed to Odisha and city of Gauhati as Guwahati. In view of above, it was decided to propose the change in name of High Courts  of  Bombay,  Madras,  Calcutta,  Orissa  &  Gauhati  as  Mumbai,  Chennai, Kolkata, Odisha & Guwahati respectively.

To  give  effect  to  the  above  changes,  consultations  were  carried  out  with  the concerned State Governments and the High Courts. The Government of Tamil Nadu conveyed that the name of the Madras High Court be rechristened as 'High Court of Tamil  Nadu'.  The  Madras  High  Court,  however  did  not  agree  to  the  proposal  to change the name of the High Court.  The State Government of Maharashtra, Goa and Bombay High  Court  agreed  to  the  proposal  to  change  the  name  of  Bombay  High Court as Mumbai High Court. The Orissa High Court & State Government of Odisha as  well  as  Gauhati  High  Court  and  State  Government  of  Assam  also  conveyed  no objection to the proposal to change the name of the respective High Courts. Both, the Calcutta  High  Court  and  the  State  Government  of  West  Bengal,  however  did  not agree to the proposed change in name of Calcutta High Court.

The High Courts (Alteration of Names) Bill, 2016 Bill could not be taken further and lapsed due to dissolution of the 16 th Lok Sabha.

A Writ Petition (Civil) No. 401/2020 was filed by Shri V.P. Patil in the Supreme Court  for  renaming  the  Bombay  High  Court  as  High  Court  of  Maharashtra  and similarly changing names of other High Courts as per names of the State in which they are located. The Supreme Court vide its order dated 03.11.2022 has dismissed the said petition.  At present there is no proposal to bring legislation on this subject and therefore, no time frame can be given.