MINISTER OF LAW AND JUSTICE (SHRI SALMAN KHURSHID)
(a) to (d): A Statement is laid on the Table of the House.
Statement referred to in reply to part (a) to {d) of the Lok Sabha
Starred Question No.54 for answer on 15.03.2012.
(a): In terms of Section 51 of the States` Reorganisation Act, 1956,
setting up of Benches of a High Court is considered by the Government of
India after receipt of a complete proposal from the State Government,
which has to have the consent of the Chief Justice of the concerned High
Court and the Governor of the State. This is essential also because the
State Government is required to provide necessary infrastructural
facilities for establishment of a Bench of the High Court away from its
principal seat and meet the entire expenditure of the High Court and its
Benches. The Chief Justice of the concerned High Court has to look after
the day-today administration of the High Court and its Benches and depute
Judges from the Principal Seat to its Benches from time to time.
(b) to (d): Four proposals for establishing Benches of High Courts
have been received from the State Governments. The status of these
proposals is as under:
(i) Proposal received from the State Government of Karnataka for
establishing two Circuit Benches of Karnataka High Court at Dharwad
and Gulbarga as Permanent Benches has the consent of the Chief Justice
of the Karnataka High Court. This is awaiting approval of the competent
authority.
(ii) Proposal received from the State Government of West Bengal for
establishment of circuit bench of the Calcutta High Court at Jalpaiguri
has the consent of the Chief Justice of the Calcutta High Court. But it
is not making further headway because the infrastructure facilities
provided for establishment of the temporary Circuit Bench in Jalpaiguri
have not been found to be satisfactory nor are the premises found suitable.
(iii) Proposal received from the State Government of Kerala for setting
up a Bench of Kerala High Court at Thiruvananthapuram has not been agreed
to by the Chief Justice of the High Court of Kerala.
(iv) Proposal received from the State Government of Himachai Pradesh
for establishment of a Bench of Himachai Pradesh High Court at Dharamsala
has not been agreed to by the Chief Justice of the High Court of Himachai
Pradesh.