CM Vijay writes to Modi seeking Supreme Court's regional bench in Chennai

Tamil Nadu Chief Minister C Joseph Vijay on Wednesday, November 4, urged Prime Minister Narendra Modi to take steps to establish a permanent bench of the Supreme Court in Chennai, reiterating a demand that the state has been pursuing since 1980.

In a letter to the Prime Minister, Vijay said a regional bench in Chennai would benefit litigants across southern India, many of whom face financial and logistical difficulties travelling to New Delhi to seek legal remedies.

He pointed out that access to the Supreme Court under Article 32 of the Constitution, which guarantees the right to approach the apex court for enforcement of fundamental rights, had become practically difficult for people living far from Delhi, particularly those unable to afford the cost of travel and litigation.

Vijay cited Article 130 of the Constitution, which allows the Supreme Court to sit in Delhi or at other places with the approval of the President and the Chief Justice of India. He also recalled that the proposal had been discussed at the conference of Chief Justices in 1979.

The Chief Minister noted that the Supreme Court's Full Court had, on August 7, 2007, found no justification for deviating from its earlier resolutions against setting up regional benches, despite Tamil Nadu's assurance that it would provide the necessary infrastructure and residential accommodation for judges.

He also referred to the Supreme Court's July 13, 2016 order in the V Vasanthakumar vs HC Bhatia and Others case, in which the question of establishing regional benches was referred to a five-judge Constitution Bench for an authoritative decision.

Vijay further cited recommendations made by parliamentary standing committees in 2004, 2006, 2008 and 2021, as well as Law Commission reports that supported the need for permanent regional benches.

Highlighting Chennai's importance as a major city in southern India, he also referred to the Madras High Court, established in 1862, and the professional expertise of its Bar.

The Chief Minister said establishing a Supreme Court Bench in Chennai would strengthen access to justice and reflect the federal character of the country. He argued that regional benches would not compromise judicial independence, as administrative control would continue to remain with the Chief Justice of India.

Vijay expressed confidence that Modi would take up the matter afresh with the Supreme Court and seek a favourable decision on Tamil Nadu's long-standing demand.

In 2024, the Union government informed the Lok Sabha that the Supreme Court had maintained that there was no need to establish regional benches.