Lok Sabha Question No. 1445 (UNSTARRED), answered on 2023-07-28
Subject: New Benches of Courts
Ministry: LAW AND JUSTICE
Asked by: Debasree Chaudhuri

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1445

## TO BE ANSWERED ON FRIDAY, THE 28.07.2023

## New Benches of Courts

## 1445. MS. DEBASREE CHAUDHURI:

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

- (a)the details of new Benches of various courts established in the country during the last five years;
- (b)the  proposals  for  the  establishment  of  new  Benches  of  these  courts  that  are presently pending with Government; and
- (c) the process/procedure for establishing a new Bench for a court in India?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

(a) to (c):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 125 th Report titled 'The Supreme Court A Fresh  Look',  submitted  in  1988,  reiterated  the  recommendations  made  by  Tenth Law Commission in its 95th 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 229 th 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.

One  Circuit  Bench  of  the  Calcutta High  Court  at  Jalpaiguri  has  been established on 07.02.2019.

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.

At  present,  there  is  no  complete  proposal  pending  with  the  Government  for setting up of Bench(es) of any High Court and the Supreme Court.

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