Supreme Court Quashes Uttarakhand HC Order Directing Referendum on Shifting High Court from Nainital

July 15, 2026 : The Supreme Court on Wednesday set aside the Uttarakhand High Court’s order directing a referendum among advocates and litigants on whether the High Court should continue functioning from Nainital or be shifted to another location. The Court held that such directions could not be issued while exercising judicial powers under Article 226 and that matters relating to the establishment or relocation of a High Court are administrative in nature.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan observed that decisions regarding the location of a High Court must be considered by the High Court on its administrative side in consultation with the State Government, and not through judicial proceedings.

The Supreme Court remarked that the Uttarakhand High Court had exceeded its jurisdiction by directing a referendum and issuing consequential directions to the executive authorities. The Bench also quashed the High Court’s May 2024 directions requiring the State Chief Secretary to identify suitable land for constructing a new High Court complex, judges’ residences, conference facilities and parking infrastructure.

During the hearing, the Uttarakhand Government informed the Supreme Court that land has already been identified in Haldwani for the proposed High Court complex. Taking note of this submission, the Bench directed the State Government to obtain all necessary statutory, regulatory and administrative approvals within six weeks. It further ordered that, after completion of the required formalities, the identified land be handed over to the High Court to facilitate construction of the new judicial complex.

The dispute arose after the Uttarakhand Cabinet granted in-principle approval in 2022 to shift the High Court from Nainital to Haldwani. The State subsequently earmarked around 26 hectares of land for the project. However, the High Court declined to accept the proposed site after being informed that nearly 75 percent of the land was covered with trees, making construction environmentally challenging due to the large-scale felling that would be required.

In May 2024, while dealing with the matter on the judicial side, the Uttarakhand High Court directed the Chief Secretary to identify an alternative site and ordered a referendum among lawyers and litigants following opposition from the Nainital Bar Association to the proposed relocation. The referendum was intended to determine whether the High Court should remain at Nainital or be shifted elsewhere.

The High Court Bar Association challenged the order before the Supreme Court, arguing that the High Court lacked the authority to direct a referendum or issue administrative directions while exercising its writ jurisdiction. The Supreme Court had stayed the referendum in May 2024 and has now finally quashed the impugned directions.