corporate law
The refusal by the Centre to establish a High Court Bench in West Uttar Pradesh (UP) has ignited significant frustration and discourse among its residents. With a population exceeding 10 crore, larger than several states, the region remains without this essential institution of justice. This article explores the historical context, overlooked recommendations, and the serious implications of this denial.
West UP, despite its substantial population, has been denied a High Court Bench since India's independence. Comparisons with other states emphasize this disparity:
The Justice Jaswant Singh Commission, appointed by the Centre in the 1970s, advocated for three High Court Benches in undivided Uttar Pradesh, including one for West UP, but this recommendation has remained unheeded.
The unequal treatment of West UP is stark when examining the existing High Court structures in various states:
The consistent pattern reveals a troubling absence of representation for West UP in the distribution of judicial resources, despite the region's significant contribution to pending cases.
Among the leaders advocating for the establishment of a High Court Bench in West UP is Mr. Rohitashwa Kumar Aggarwal, the President of Meerut Bar Association. He emphasizes the need for finally realizing the Justice Jaswant Singh Commission's recommendations, questioning the rationale behind the persistent denial of a bench for West UP while other regions, with far fewer cases, have been honored with multiple benches.
Despite past efforts including strikes and peaceful protests, the demands of the lawyers and citizens of West UP have often gone unrecognized. The ongoing struggle underscores the pressing need for equity and justice in resource allocation within the judicial system.
The Chief Justice of India (CJI), Dr. DY Chandrachud, is urged to take suo motu cognizance of the pressing need for a High Court Bench in West UP. His previous experiences as Chief Justice of Allahabad High Court give him unique insights into the region's challenges. With half of UP's pending cases attributed to West UP, the inaction and delayed responses from the Centre remain perplexing.
The issue extends beyond statistics; it reflects a deep-seated prejudice against regions outside Eastern UP. Litigants in West UP are often forced to travel long distances to seek justice, revealing a systemic injustice that requires urgent rectification.
Despite the overwhelming evidence of need, the lack of response from both the Supreme Court and the CJI raises questions about accountability and fairness in the judicial establishment.
The media's role is essential in highlighting this critical issue, yet a significant portion appears to overlook the importance of advocating for equitable treatment for West UP. The disparity in treatment, evident in the establishment of judicial systems in smaller states, is both baffling and unacceptable.
The prolonged denial of a High Court Bench to West UP is not merely an administrative oversight; it signifies a persistent injustice that undermines governance and the constitutional right to equitable access to justice. Without prompt action, the voices of over 10 crore residents will remain unheard, further degrading India's judicial integrity. It is imperative for the Centre to recognize its responsibility and take decisive steps to address this historical grievance. The people of West UP deserve fair treatment under the law and a rightful place in the justice system.