Rajasthan lawyers revive demand for Permanent Bench in Udaipur; Approach President of India

More than six decades after the Udaipur High Court ceased to function, a group of lawyers have once again revived the demand for the establishment of a Permanent Bench. The Mewad Wagad High Court Bench Sangarsh Samiti, an association of lawyers in Udaipur, has recently approached the Chief Justice of Rajasthan with a 37-page memorandum seeking the constitution of a Permanent Bench..In the memorandum, the association has supported its demand with the recommendations of a report of the Law Commission of India in 2009, wherein the Commission observed,.“It is also necessary that the work of the High Courts is decentralized, that is, more Benches are established in all States. If there is manifold increase in the strength of the judges and the staff, all cannot be housed in one campus. Therefore, the establishment of new Benches is necessary. It is also in the interest of the litigants. The Benches should be so established that a litigant is not required to travel long [distances]”.Building on this argument, the association has stated that a litigant from districts falling within the Mewad region has to travel more than 500 kilometers to reach the Principal Bench in Jodhpur. Another reason given is the difference in the dialects spoken in the two regions..This is not the first time such a demand has been made, nor is it the first time the demand has been met with violent resistance. In 2009 for instance, lawyers in Jodhpur went on strike after a similar demand was made for an Udaipur Bench. Unsurprisingly, lawyers in Jaipur went on a 2-day strike earlier this month after learning of the demand for an Udaipur bench..Despite the fact that both, state and central governments have consistently refused to accede to this demand, the recent developments in Karnataka may offer some hope. On August 9, 2013 it was learnt that the Permanent Benches of the High Court, at Gulbarga and Dharwad, were to start functioning by the end of the month..While the lawyers of Udaipur may have valid grounds for their demands, one issue that requires special consideration is the shortage of judges, especially in the Higher Judiciary. For instance as of May this year, close to one-third of all judicial positions in various High Courts are currently lying vacant. The creation of a Permanent Bench, if it did take place, would only add to the number of vacant posts. Another possible issue that may crop up is the quality of judicial appointments..The Bar Council of Rajasthan was recently in the news because of its opposition to the elevation of several lawyers to the Bench. In a press conference, the Bar Council Chairman reportedly said,.“[The lawyers’] names were proposed only because they are either son of Supreme Court judge or having close terms with them or have worked with them in their early part of practice as apprentices.”.While lawyers in Udaipur are hopeful that a new Bench will be created in Udaipur, it remains to be seen whether the President, and the Law Ministry comply with their demands.