Tamil Nadu Chief Minister C. Joseph Vijay has formally petitioned Prime Minister Narendra Modi to take immediate steps toward establishing a permanent regional bench of the of India in Chennai. The request, which revives a long-standing demand initially voiced by the state in , emphasizes the necessity of easing the logistical and financial burdens faced by litigants in southern states who are currently compelled to travel to New Delhi to seek . The Chief Minister’s communication stresses that the geographical distance to the national capital significantly undermines the constitutional promise of equal access to the highest court in the country.
The state government’s advocacy rests upon
, which explicitly states that the
shall sit in Delhi or at such other place or places as the Chief Justice of India may, with the approval of the President, decide. By citing this provision, the state government argues that the current concentration of the apex court in the national capital does not preclude the possibility of regional representation. In his letter, the Chief Minister underscored the historical intent behind constitutional safeguards, noting,
"The framers of the constitution contemplated that all citizens of this country, rich or poor must have direct access to the Court."
Addressing Geographic Disparities in Legal Access
The core of the state's argument is rooted in the practical limitations of , which grants citizens the right to move the for the enforcement of . While this provision was designed to be a potent tool for every citizen, the administration maintains that, in reality, its efficacy is restricted by the prohibitive costs of travel and litigation for those living far from New Delhi.
The proposal for a Chennai-based bench is supported by the assertion that the state possesses the necessary institutional infrastructure to host such an establishment. The Chief Minister pointed to the long and storied history of the , established in , and the high level of professionalism among the legal fraternity in the region. Furthermore, the state government has consistently offered to provide the requisite residential and administrative facilities to ensure that judges can perform their duties with the full resources and support befitting their high office. The state views the Chennai facility as an ideal regional hub that would logically serve the entire southern region, thereby fulfilling a significant administrative gap in the nation's judicial architecture.
Legislative Recommendations and Institutional Support
The request for a regional bench is not merely a regional preference but is bolstered by several national-level recommendations. The Chief Minister highlighted that in , , , and have each underscored the benefits of decentralizing the judicial process. Additionally, various reports have advocated for the creation of permanent regional to reduce the backlog and improve accessibility.
Despite these persistent recommendations, previous attempts to alter the central status quo have faced challenges. The 's Full Court, in a meeting on , declined to deviate from existing resolutions regarding the location of the court. However, the issue remains a subject of ongoing legal debate. Notably, the Chief Minister’s letter references the ongoing proceedings in the matter of (W.P. Civil No. 36/2016), wherein the question of establishing benches was referred to a for an authoritative pronouncement. This ongoing judicial scrutiny provides a framework within which the state is now urging the executive branch to re-engage with the judiciary.
The state’s advocacy also touches upon the symbolic importance of the request, arguing that a regional presence would strengthen the federal fabric of the country. As the Chief Minister noted,
"Establishment of Bench of
in Chennai will reflect the true federal character of our Nation."
The state emphasizes that the administrative control and independence of the judiciary would remain firmly with the Chief Justice of India, ensuring that the establishment of a regional bench would not compromise the integrity or the unified nature of the apex court.
The state government remains optimistic that this request will be treated with the urgency it deserves, given the decades of delay and the clear public need for more accessible justice. By framing the demand within the broader context of constitutional rights and federal cooperation, the Chief Minister has placed the responsibility on the to initiate a fresh dialogue with the . The expectation is that the Centre will evaluate the proposal based on the evolving requirements of the nation’s legal system and the need to bridge the gap between citizens and their constitutional remedies. The matter now rests with the as it considers the next steps in addressing this persistent and significant regional demand for decentralized judicial access.
judicial infrastructure - regional bench