Lok Sabha Question No. 515 (UNSTARRED), answered on 2022-12-09
Subject: Demands for Setting up of Benches of Courts
Ministry: LAW AND JUSTICE
Asked by: Manne Srinivas Reddy, Saptagiri Sankar Ulaka, Raghu Ramakrishna Raju Kanumuru

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 515

## TO BE ANSWERED ON FRIDAY, THE 09.12.2022

## Demands for Setting up of Benches of Courts

## 515.  SHRI MANNE SRINIVAS REDDY: SHRI SAPTAGIRI SANKAR ULAKA: SHRI KANUMURU RAGHU RAMA KRISHNA RAJU:

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

- (a) whether  the  Government  has  any  proposal  to  set  up  new  High  Court benches in the country, if so, the details thereof;
- (b) the  details  of  demands  made,  requests  and  proposals  received  from various  States  including  Odisha  for  setting  up  of  bench(es)  of  various courts  in  some  cities  like  Supreme  Court  Bench  at  Hyderabad,  Madras High Court Bench in Puducherry and new High Court bench in undivided district of Koraput and Western Odisha;
- (c) the present status of the said demands/ proposals, State-wise;
- (d) the details of such demands rejected along with the reasons therefor; and
- (e) the  time  by  which  the  necessary  action  is  likely  to  be  taken  and implemented by the Government?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI KIREN RIJIJU)

(a)  to  (e):    High  Court  Benches  are  established  in  accordance  with  the recommendations  made  by  the  Jaswant  Singh  Commission  and  judgment pronounced  by  the  Apex  Court  in  W.P.(C)  No.  379  of  2000  and  after  due consideration of a complete proposal from the State Government which has to provide necessary expenditure & infrastructural facilities and the Chief Justice of  the  concerned  High  Court  who  is  required  to  look  after  the  day-to-day administration of the High Court. The complete proposal should also have the consent of the Governor of the concerned State.

Requests for establishment of High Court Benches in places other than the Principal Seat of High Courts have been received from various organizations from time  to  time  including  State  Government  of  Odisha.  The  State  Government  of Odisha has requested for setting up of Orissa High Court Bench in Western and Southern  region  of  Odisha.  The  Central  Government  has  requested  the  State Government  of  Odisha  to  work  out  details  of  proposed  Benches  including  its location in consultation with High Court of Orissa. However, no response has been received  yet.    At  present,  no  complete  proposal  from  the  State  Government  of Odisha  regarding  setting  up  of  a  Bench  of  the  High  Court  is  pending  with  the Government.

Article  130  of  the  Constitution  of  India  provides  that  the  Supreme  Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

The  Eleventh  Law  Commission  in  its  125th  Report  titled  'The  Supreme Court - A Fresh Look', submitted in 1988, reiterated the recommendations made by Tenth Law Commission in its 95 th Report for splitting the Supreme Court into two namely (i) Constitutional Court at Delhi and (ii) Court of appeal or Federal Court sitting in North, South, East, West and Central India. The Eighteenth Law Commission in its 229th Report had also suggested that a Constitutional Bench be set  up  at  Delhi  and  four  Cassation  Benches  be  set  up  in  the  Northern  region  at Delhi,  Southern  region  at  Chennai/Hyderabad,  Eastern  region  at  Kolkata  and Western region at Mumbai.

The matter was referred to the Chief Justice of India, who has informed that after  consideration  of  the  matter,  the  Full  Court  in  its  meeting  held  on  18th February,  2010,  found  no  justification  for  setting  up  of  benches  of  the  Supreme Court outside Delhi.

In Writ Petition WP(C) No. 36/2016 on establishment of National Court of Appeal, the Supreme Court vide its judgment dated 13.07.2016 deemed it proper to refer the aforementioned issue to Constitutional Bench for authoritative pronouncement. The matter is sub-judice in the Supreme Court.

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