Question : Setting up of New Courts

(a) whether the Government has assessed the adequacy of courts particularly higher courts vis-a-vis population in the country;
(b) if so, the details thereof and if not, the steps taken/being taken by the Government to increase the number of higher courts in proportion to the population in the country;
(c) whether the Government has received proposals from various quarters for setting up of Benches of Supreme Court and High Courts including separate High Courts in various parts of the country; and
(d) if so, the details and the present status thereof, State/UT-wise including Andhra Pradesh and Telangana?

ANSWER
MINISTER OF LAW AND JUSTICE
(SHRI D.V. SADANANDA GOWDA)
(a) to (d) : The Supreme Court and High Courts are established as per Article 130 and 214 of the Constitution of India respectively and not on the basis of population of the country.
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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 Andhra Pradesh Reorganisation Act, 2014, provides for setting up of a separate High
Court for the State of Andhra Pradesh. The Act also provide 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 complete all the necessary infrastructure for
setting up of a separate High Court.