Lok Sabha Question No. 848 (UNSTARRED), answered on 2016-04-28
Subject: Setting up of New Courts
Ministry: LAW AND JUSTICE
Asked by: SHASHI THAROOR, KOTHA PRABHAKAR REDDY, MAULANA BADRUDDIN AJMAL, SAUGATA ROY

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

## LOK SABHA UNSTARRED QUESTION NO.848

## TO BE ANSWERED ON THURSDAY, THE 28.04.2016

## Setting up of New Courts

848. DR. SHASHI THAROOR:

SHRI PRABHAKAR REDDY KOTHA:

SHRI BADRUDDIN AJMAL:

PROF. SAUGATA ROY:

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

- (a)  the  details  of  proposals  received  by  the  Government  for  establishment  of  Bench of  High Court  at  all  the  State  Capitals  including  Thiruvananthapuram  along with  the  action  taken thereon, proposal-wise;
- (b) the present status of progress made towards establishment of separate High Courts for the States of Andhra Pradesh and Telangana;
- (c) the details of High Courts functioning in North-Eastern States along with the sanctioned/working strength of Judges therein;
- (d)  whether  the  Government  proposes  to  establish  High  Court  in  those  North-Eastern  States which do not have their own High Court and if so, the details and the present status thereof; and
- (e) whether the Government proposes to set up National Court of Appeal or Benches of Supreme Court in the country and if so, the details thereof?

## ANSWER

## MINISTER OF LAW AND JUSTICE

## (SHRI D.V. SADANANDA GOWDA)

- (a): 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,  Bench(es)  of  the High  Court  are  established  after  due consideration of a complete proposal from the State

Government,  which  is  to  provide  infrastructure  and  meet  the  expenditure,  along  with  the consent of the Chief Justice of the concerned High Court, which is required to look after the day to day administration of the High Court and its Bench. The proposal should also have the consent of the Governor of the concerned State.

Requests  for  establishment  of  High  Court  Benches  in  different  parts  of  the  country have  been  received  from  various  sources,  including  some  State  Governments.  However,  at present there is no proposal complete in all aspects pending for consideration by the Central Government.

The Chief Minister of Kerala had sent a request in the year 2005 for setting up a bench of Kerala High Court at Thiruvananthapuram. The Chief Justice of High Court of Kerala has not approved the establishment of the High Court Bench at Thiruvananthapuram.

(b) The  Andhra  Pradesh  Reorganisation  Act,  2014,  provides  for  setting  up  of  a  separate High Court for the State  of  Andhra Pradesh.  The  Act also  provides that  once  separate  High Court  for  the  State  of  Andhra  Pradesh  is  established, the  existing  High  Court  will  go  to  the State of Telangana. However, separate High Court for the State of Andhra Pradesh could not be established yet as the State Government has not yet completed all the necessary infrastructure for setting up of a separate High Court.

(c)and(d): Gauhati  High  Court  is  common  High  Court  for  the  States  of  Assam,  Nagaland, Mizoram & Arunachal Pradesh. Separate High Courts have been established w.e.f. 23.03.2013 in  the  States  of  Manipur,  Meghalaya  and  Tripura.  Separate  High  Courts  for  the  States  of Arunachal  Pradesh,  Nagaland  and  Mizoram have not  been  established  because  the  State Governments has not completed creation of necessary infrastructure. A statement showing the detail of the High Courts functioning in North-Eastern States alongwith the sanctioned/working strength of Judges is enclosed as Annexure.

(e): Article 130 of the Constitution states 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 Law Commission, in its 229 th Report had also suggested that a Constitutional  Bench be  set  up  at  Delhi to  deal with  constitutional  and other  allied  issues  of national importance and four Cassation Benches be set up in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and Western region at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region. However, the Supreme court has not agreed to such a proposal. There is also  a  Public  Interest  Litigation  being  heard  by  the  Supreme  Court  on  the  need  to  set  up  a National Court of Appeal. The matter is sub-judice.

## Annexure

## Statement referred to in reply to parts (c) and (d) of Lok Sabha Unstarred Question No.848 to be answered on 28.04.2016

|   Sl. No. | High Court   | Principal Seat   | Jurisdiction                                  |   Sanctioned strength |   Working strength |
|-----------|--------------|------------------|-----------------------------------------------|-----------------------|--------------------|
|         1 | Gauhati      | Guwahati         | Assam, Nagaland, Mizoram, &Arunachal Pradesh. |                    24 |                 14 |
|         2 | Sikkim       | Gangtok          | Sikkim                                        |                    03 |                 02 |
|         3 | Manipur      | Imphal           | Manipur                                       |                    05 |                 05 |
|         4 | Meghalaya    | Shillong         | Meghalaya                                     |                    04 |                 02 |
|         5 | Tripura      | Agartala         | Tripura                                       |                    04 |                 04 |