The Supreme Court on Wednesday quashed an order of the Uttarakhand High Court directing a referendum among advocates and litigants on whether the High Court should continue to function from Nainital or be shifted to another location, holding that such directions could not have been issued in the exercise of judicial powers under its writ jurisdiction.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that issues relating to the establishment or relocation of a High Court were administrative in nature and must be dealt with by the High Court on its administrative side in consultation with the state government, rather than through judicial proceedings.
The Apex Court orally observed that the High Court had no business issuing such directions on the judicial side and had exceeded its jurisdiction by directing a referendum and issuing consequential directions to the executive authorities. It also set aside the Uttarakhand High Court’s May 2024 directions requiring the State Chief Secretary to identify the most suitable land for construction of the High Court complex, judges’ residential accommodation, conference chambers and parking facilities.
Taking note of the state government’s submission that land has already been earmarked in Haldwani for the proposed High Court complex, the Bench directed the authorities to obtain all necessary statutory, regulatory and administrative clearances within six weeks. It further directed the State Government to hand over the identified land to the High Court after completion of the requisite formalities to facilitate construction of the new judicial complex.
The dispute traces back to the Uttarakhand Cabinet’s in-principle approval in 2022 to shift the High Court from Nainital to Haldwani. Pursuant to that decision, the State identified nearly 26 hectares of land for the proposed judicial complex. However, the High Court subsequently declined to accept the site after it was informed that nearly 75 per cent of the land was covered with trees and that construction would require large-scale felling, raising environmental concerns.
In May 2024, while hearing the matter on the judicial side, the Uttarakhand High Court directed the Chief Secretary to identify suitable land for the High Court complex and also ordered a referendum among lawyers and litigants following opposition from the Nainital Bar to the proposed relocation. The referendum was intended to ascertain whether the High Court should continue functioning from Nainital or be shifted to another location.
The High Court Bar Association challenged the order before the Supreme Court, contending that the High Court could not direct a referendum or issue administrative directions in the exercise of its judicial powers. The Apex Court stayed the implementation of the referendum in May 2024.
