Setting up of new courts

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.

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.

Gauhati High Court is common High Court for State 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 in enclosed as Annexure.

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 229thReport 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 court 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

This information was given by Minister of Law & Justice, Shri D. V. Sadananda Gowda in a written reply in Lok Sabha today.