E-Paper
Guest Column| Decentralising SC, HC benches much-needed approach
Setting up regional divisions for the Supreme Court and additional high court benches in different states could serve as a practical, constitutional, and data-driven method to broaden access to justice, expedite the resolution of cases, and modernise court facilities.
Chief Justice of India BR Gavai inaugurated the fifth circuit bench of the Bombay high court at Kolhapur on Sunday, which is a welcome step to promote access to justice in Maharashtra.
It was a two-decade-long demand to alleviate the challenges faced by litigants and lawyers, who were required to travel to Mumbai, the primary jurisdictional hub.
With time, the population has increased significantly and with that there is a foremost need to fill the vacancy of judges as against the given strength of benches of the respective
courts in the country. In India, the overwhelming number of pending cases places a significant burden on both judges and litigants, who are eager to have their cases heard and resolved
swiftly. Unfortunately, this goal remains out of reach for many, as cases often either fail to be scheduled or face numerous postponements.
By June 2025, the Supreme Court’s backlog had reached a staggering 85,204 cases, with thousands more being filed each month, while the pace of case resolution lagged behind. As of
January 2025, high courts throughout the nation were contending with over 62 lakh pending cases. This accumulation of unresolved cases results in delayed justice, increased litigation costs, and a decline in public trust in the legal system.
The Supreme Court’s centralised presence in Delhi presents substantial challenges, particularly for residents of far-off states such as Tamil Nadu, West Bengal, and the North-East. Individuals involved in legal matters navigate the high costs of travel, language barriers, and the difficulty of finding skilled legal representation in the capital.
The situation regarding aging cases is notably worrisome. According to figures from the Union law ministry in August 2025, the Calcutta high court accounts for nearly 94% of all cases in the nation that have remained unresolved for over 50 years, with 2,185 out of a total of 2,329 such cases.
Setting up regional divisions for the Supreme Court and additional high court benches in different states could serve as a practical, constitutional, and data-driven method to broaden
access to justice, expedite the resolution of cases, and modernise court facilities in the locations where individuals live and engage in legal proceedings.
Constitution’s green signal
Article 130 of the Constitution of India explicitly authorises the Supreme Court to hold sessions in Delhi or any other location designated by the Chief Justice of India, with the President’s
approval. This provision paves the way for establishing regional benches of the Supreme Court.
The Law Commission, in its 229th Report (2009), suggested a two-tier system: A Constitution Bench in Delhi and Cassation (appellate) benches in four regions (Delhi,
Chennai/Hyderabad, Kolkata, Mumbai) to address non-constitutional appeals. This recommendation aims to ease travel burdens and reduce the backlog of cases.
By assigning appellate cases to regional benches and reserving constitutional matters for the main bench in Delhi, the workload on judges is reduced. This strategy allows for the recruitment and deployment of additional judges in areas with the highest demand, thereby improving the judge-to-population ratio and accelerating the pace of case resolutions.
Countries like the United States and Germany have adopted decentralised judicial systems, which promote faster case processing and more equitable access without undermining the
consistency of supreme court decisions.
Easing pendency of cases
State-based regional benches of the high court are strategically positioned to effectively supervise subordinate courts, work in tandem with state agencies, and promote improvements
in case processing, such as police documentation, forensic analysis, and the implementation of electronic filing systems. The National Judicial Data Grid (NJDG) framework already supplies nearly real-time data analytics, which these regional benches can leverage to identify and resolve bottlenecks.
At present, litigants and their legal representatives often find themselves travelling vast distances to New Delhi for Supreme Court hearings. The establishment of regional benches
can greatly reduce both the time and financial burden of such journeys, thereby increasing the likelihood that cases with merit are pursued to their conclusion. This rationale for improved
access was explicitly outlined in the 229th Law Commission report.
Wherever courts are established, accompanying facilities such as courtrooms, digital networks, video-conferencing areas, record storage, and bar amenities are developed. India’s justice
system is known for its infrastructure deficiencies; the introduction of new benches serves as a foundation for modern, technology-driven campuses to address these shortcomings.
Overall, setting up regional benches would require investments in court facilities, legal assistance, and workforce across various states, thereby enhancing local legal systems and offering opportunities to regional legal professionals. Young advocates and judges would gain from increased involvement and expertise. samrat709@googlemail.com
The writer is an advocate in the Punjab and Haryana high court. Views expressed are personal.
