Tamil Nadu Chief Minister Joseph Vijay has written to the Prime Minister of India, Narendra Modi, reiterating the need for setting up a regional bench of the Supreme Court of India in Chennai.

In his letter, Vijay states that when the Constitution was enacted, the framers of the Constitution wanted every citizen of the country to have access to justice. He added that presently, the remedy under Article 32 of the Constitution was available only to citizens who were geographically closer to the Supreme Court or those who were financially privileged to meet the cost of travel and litigation.

"In this connection, I would like to add that when the constitution was enacted, the framers of the constitution contemplated that all citizens of this country, rich or poor must have direct access to the Court. It was the main reason for enactment of Article 32, a privilege not available in many other countries. However, over the time, the remedy under Article 32 is practically available only to citizens who are geographically close to the Supreme Court of India and who are financially privileged to meet the cost of litigation and travel. However, citizens located mainly in the South India is deprived of availing this remedy due to the sheer distance between the Southern States and New Delhi," the letter states.

Vijay pointed out that as per Article 130 of the Constitution, the Supreme Court shall sit in Delhi, or in such place of places as the Chief Justice of India may, with the approval of the President, from time to time, decide.

He pointed out that setting up of a bench of Supreme Court in Chennai, an important place in South India would benefit all the southern states, as a litigant from south will not have to travel all the way to New Delhi to get their grievance redressed.

He added that establishment of a bench at Chennai would reflect true federal character of the Nation and will not affect the independence of the judiciary since the control over the bench would remain with the Chief Justice of India.

He also stated that the Madras High Court, one of the oldest chartered High Courts in India, had a highly professional, talented, and competent bar which would meet the proposed need of the Supreme Court bench at Chennai.

He further added that despite the State's assurance that it would provide the necessary infrastructure facilities, including residential accommodation for the Supreme Court Judges befitting their status, etc., the full court of the Supreme Court, in its meeting on August 7, 2007, had refused to reconsider its earlier decision against setting up a bench.

Vijay also pointed out that the issue is also pending consideration before a constitutional bench of the Supreme Court [V Vasanthakumar v HC Bhatia and Others] and had been referred to a five-member constitutional bench. He also pointed to the recommendations of the Parliamentary Standing Committee in the years 2004, 2006, 2008 and most recently in 2021 and the law commission reports reiterating the need for a permanent regional bench.

Vijay thus requested the Prime Minister to take necessary steps to take up the issue and reconsider the earlier stand and obtain a favourable decision for setting up a bench at Chennai.