Supreme Court, Bombay HC
Supreme Court, Bombay HC
Litigation News

A means to fructify the dignity of a Maharashtrian: Plea in Supreme Court seeks to rename Bombay High Court as “High Court of Maharashtra”

Inter alia, the petitioner asserts that the plea involves the assertion of Maharashtrian identity. The usage of “Maharashtra” while referring to the High Court would fructify the dignity of a Maharashtrian, it is stated.

Rintu Mariam Biju

A plea has been filed before the Supreme Court urging that it direct for the Bombay High Court to be renamed as the “High Court of Maharashtra.” (Renaming of Bombay High Court – Supreme Court)

The petitioner has stated that he chose to approach the Apex Court over the issue since the Bombay High Court is a party in the present petition. As such, the High Court cannot adjudicate the present matter, the petitioner states.

The petition filed by V P Patil recalls after India gained independence, the Indian Parliament had passed State Reorganization Act, and that in 1960, the Bombay Reorganization Act was passed.

Subsequently after the city of "Bombay" was renamed as "Mumbai", in 2016, the High Court (Alteration of Names) Bill, 2016 was introduced in the Parliament of India seeking to change of the names of ‘High Court of Judicature at Bombay' as 'High Court of Judicature at Mumbai.'

However, it was submitted that the aforesaid Bill of 2016 lapsed in the Parliament due to lack of consensus between the States.

The petition further states that in 2018, fresh demands were made for the Central Government to take steps to reintroduce the bill for renaming the High Court. However, no positive step has been taken till date.

It was contended that the issue of renaming the High Court affects several High Courts in the country.

Pointing out that High Courts are generally named after the State itself, it is contended that the Bombay High Court should be rechristened as the High Court of Maharashtra. This is essential for the purpose of maintaining uniformity with respect to the names of High Courts, it is stated.

The plea additionally argues that since the Bombay High Court is a Governmental authority, its nomenclature should reflect the same.

It is argued that if the High Court was to reflect the same name as that of the State, it would lessen the confusion that arises due to multiplicity of names.

The petitioner also asserts that the matter involves the assertion of a Maharashtrian/ Maratha identity and pride. The usage of the word “Maharashtra” while referring to the High Court is a means to fructify the dignity of a Maharashtrian, it is stated.

"... the assertion of the word 'Maharashtra' denotes special significance in the life of Maharashtrian... its usage must also find expression in the name of the High Court as an expression of cultural and right to heritage as protected under Articles 19, 21, 29 of the Constitution of India."

The petition states.

It is added that it is the"duty of the Union of India to take all measures for protection of the rights of the people of the State of Maharashtra who wish to assert their identity in the name of the public institution of their State."

Apart from urging for directions to rename the Bombay High Court as the High Court of Maharashtra, the petitioner also prays that the names of other High Courts in the country be changed to reflect the States they lie in. The petition has been filed through Advocate Shivaji M Jadhav.

The matter has been listed to be heard tomorrow.

Read plea here:

Renaming of Bombay HC - SC.pdf
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