Chief_Justice_of_Madras

Madras High Court

Madras High Court

High court in the Indian state of Tamil Nadu


The Madras High Court (IAST: Meṭrās Uyar Nītimaṉṟam) is a High Court in India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry. It is located in Chennai, and is one of the oldest high courts of India along with Calcutta High Court in Kolkata[1][2][3] and Bombay High Court in Mumbai. The Madras High Court is one of four charter high courts of colonial India established in the four Presidency Towns of Madras, Bombay, Allahabad and Calcutta by letters patent granted by Queen Victoria, dated 26 June 1862. It exercises original jurisdiction over the city of Chennai, as well as extraordinary original jurisdiction, civil and criminal, under the letters patent and special original jurisdiction for the issue of writs under the Constitution of India.[4][5] Covering 107 acres, the court complex is one of the largest in the world, second only to the Supreme Court of the United Kingdom. The four-storey administrative building attracts hundreds of litigants every day.

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The High Court consists of 74 judges and a chief justice.[5][6]

History

From 1817 to 1862, the Supreme Court of Madras was opposite the Chennai Beach railway station. From 1862 to 1892, the High Court was also housed there. The present buildings were officially inaugurated on 12 July 1892, when the then Madras Governor, Beilby, Baron Wenlock, handed over the key to then Chief Justice Sir Arthur Collins.[7]

The statue of Manuneedhi Cholan in the Madras High Court premises

British India's three presidency towns of Madras (Chennai), Bombay (Mumbai), and Calcutta (Kolkata) were each granted a High Court by letters patent dated 26 June 1862.[8] The letters patent were issued by Queen Victoria under the authority of the British parliament's Indian High Courts Act 1861. The three courts are unique, established under British royal charter in contrast with the other high courts, which were established under the Indian Constitution. The Constitution of India recognises the older courts.

The Madras High Court was formed by merging the Supreme Court of Judicature at Madras, and the Sadr Diwani Adalat. The Court was required to decide cases in accordance with justice, equity and good conscience. The earliest judges included Holloway, Innes, and Morgan. The first Indian to sit on the High Court was Justice T. Muthuswamy Iyer. Other early Indian judges included Justices V. Krishnaswamy Iyer and P. R. Sundaram Iyer.

The Madras High Court was a pioneer in Original Side jurisdiction reform in favor of Indian practitioners as early as the 1870s.

The history means that the decisions of the British Judicial Committee of the Privy Council are still binding on it, provided that the ratio of a case has not been overruled by the Supreme Court of India.

Although the city was renamed from Madras to Chennai in 1996, the Court continued as the Madras High Court. The Tamil Nadu Legislative Assembly passed a unanimous resolution appealing to the Central Government to rename the court as High Court of Tamil Nadu since the Court serves the whole state.[9]

Court complex

Madras High Court, Chennai

The High Court complex is located in the southern end of George Town. The building was constructed after relocating temples on the land. The building now used exclusively by the High Court was built to also house the Courts of Small Causes and the City Civil Court. These were subsequently shifted to other buildings on the campus.[10]

The High Court building is an example of Indo-Saracenic architecture. Construction began in October 1888 and was completed in 1892 following the design prepared by J. W. Brassington,[10] and later under the guidance of architect Henry Irwin,[11] who completed it with the assistance of J. H. Stephens.

Brassington initially prepared a plan to construct a building with 11 court halls at an estimate of 945,000. Six were meant for the High Court, four for the Small Causes Court, and one for the City Civil Court. An additional building to house lawyers’ chambers was added to the plan, with a first floor walkway to connect it to the main building, increasing the budget to 1,298,163. Complementing a 125-feet-tall standalone lighthouse that was already on the site, a dioptric light was built on the 142-feet-high main tower of the building, raising the tower's height to 175 feet.[10]

Save for the steel girders and some ornamental tiles, almost all the material for the construction was procured locally. Brick and terracotta were brought from government brickyards. Most of the construction was executed by local artisans trained at the School of Arts.[10]

The High Court building was damaged in the shelling of Madras by SMS Emden on 22 September 1914, at the beginning of the First World War. It remains one of the few Indian buildings to have been damaged by a German attack.

The building offers several points of architectural interest. The painted ceilings and the stained glass doors are masterpieces. The old lighthouse is housed within the High Court campus but is poorly maintained and in disrepair.

The boundaries of the complex are marked by Prakasam Road (formerly Broadway) and Rajaji Road (the old North Beach Road), stretching northward from the statue of Rajaji in the northeast and the statue of T. Prakasamgaru in the southwest within the complex. The complex houses the largest number of courts in Asia.[12]

Panoramic view of the High Court and its surroundings

The city civil and sessions courts, which are located inside the High Court campus, are in two blocks, namely, the main and annexe buildings. Some of the city civil courts are located at Additional City Civil Court Complex at Allikulam Commercial Complex in Park Town and M. Singaravelar Maligai in George Town. The District and Session Court for Exclusive Trial of Bomb Blast Cases is located at Karayanchavadi in the neighbourhood of Poonamallee, and the Commercial Court is located in the neighbourhood of Egmore.[13]

Bench

The current Chief Justice of the Madras High Court is Sanjay V. Gangapurwala. The court houses 63 judges, including the Chief Justice. They exercise civil, criminal, writ, testamentary and admiralty jurisdiction.[14] The Madurai Bench began functioning in 2004.

The vestiges of the colonial High Court characterise the premises. Justices of the Madras High Court are led by orderlies who bear a ceremonial mace made of silver. Most High Courts and the Supreme Court of India either never had the practice or abandoned it.[15]

Madras Law Journal

The Madras High Court is the birthplace of organised legal reporting in India. It is home to the Madras Law Journal,[16] which was the first journal dedicated to reporting texts of judgments of the High Court. It started in 1891.

The High Courts, c. 1905

The Saturday Club met every week. It was started at the house of the Vakil Bar's senior member Sir S. Subramania Iyer in Mylapore in 1888. All leading members of the Madras Bar took part. At one meeting, it was decided to start The Madras Law Journal, which was inspired by other newly established periodicals such as Law Quarterly Review, started by Sir Frederick Pollock in England in 1885 and The Harvard Law Review established by Harvard Law School Association in 1887.

The objectives of the journal were laid out in the preface of the first issue:

In addition to giving our own reports of the decisions of the High Courts in Madras and other places, we hope to place before our readers translations of various Hindu Law Books which remain yet untranslated, insofar as they have bearing on questions which practically arise for decision every day in our Courts of Justice. We propose further from time to time, to place side by side the conflicting decisions of the various Courts in India on the same point in the hope that such procedure will enable the Courts to act in greater harmony than they do at present in the interpretation of Acts and enunciation of general principles of law and when this is not possible, to enable the Legislature to bring about such harmony by removing the ambiguities which may have given rise to such discordant views.

The Madras Law Journal is known for its quickness and reporting accuracy and its discriminating selection of cases to be reported. It occupies a premier place among Indian legal periodicals.

Madras Weekly Notes (criminal and civil)

Madras Weekly Notes is a law journal reporting criminal judgements of the Madras High Court from 1910 to till date.

Citations are formatted as, e.g., "1929 1 MWN(Cr.) 1", where (left to right) 1929 is the year, 1 is the volume, "MWN(Cr.)" is the abbreviated journal name, and "1" is the page number.

Journals

Journals that record cases include Current Tamil Nadu Cases, Current Writ Cases, and Tamil Nadu Motor Accident Cases.

Madurai Bench

Established in 2004, the Madurai bench of the Madras High Court handles cases in the fourteen southern districts of Tamil Nadu, as the court is located in the far-northern capital. The bench is located in Madurai, and has the Kanyakumari, Tirunelveli, Thoothukudi, Tenkasi, Madurai, Dindigul, Ramanathapuram, Virudhunagar, Theni, Sivaganga, Pudukottai, Thanjavur, Tiruchirappalli and Karur districts under its jurisdiction.

The court complex has 12 court halls, furnished on the model of the court halls in the Supreme Court, the Delhi and the Madras High Court.

The court, since its inauguration on 24 July 2004, has accelerated the legal process in the southern districts.[17]

List of chief justices

Watercolour "Holy men outside Sir Thomas Strange house." In 1800, Strange became the first Chief Justice of the Supreme Court of Fort St. George (Madras), British India.

Supreme Court

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High Court (British Administration)

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High Court (Indian Administration)

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Judges

The Madras High Court is permitted to have a maximum of 75 judges, of which 56 may be permanently appointed and 19 may be additionally appointed. It currently has 64 judges.[20]

Permanent judges

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Additional judges

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See also


References

  1. "Calcutta High Court - About". www.calcuttahighcourt.gov.in. Retrieved 21 October 2020.
  2. "Madras High Court: Where justice began 125 years ago". The New Indian Express. Retrieved 21 October 2020.
  3. Alexander, Deepa (29 January 2019). "History lessons about Madras High Court". The Hindu. ISSN 0971-751X. Retrieved 21 October 2020.
  4. "Madras High Court". BSNL. Archived from the original on 30 January 2012. Retrieved 2 March 2012.
  5. "History of Madras High Court". Madras High Court. Archived from the original on 11 March 2014. Retrieved 25 April 2014.
  6. "High Court to get 15 new judges next week". The Hindu. 25 September 2016. Archived from the original on 25 September 2016. Retrieved 9 May 2017.
  7. Sangameswaran, K. T.; Vivek Narayanan (8 June 2014). "Madras High Court buildings to undergo repairs soon". The Hindu. Chennai. Archived from the original on 9 June 2014. Retrieved 22 June 2014.
  8. "Madras High Court". www.hcmadras.tn.nic.in. Archived from the original on 9 May 2017. Retrieved 9 May 2017.
  9. Mohamed Imranullah, S. (16 September 2017). "A timeless edifice serving justice celebrates 125 years today". The Hindu. Chennai. Archived from the original on 20 September 2017. Retrieved 29 September 2017.
  10. "Restoring the old Article from NewIndPress news website". newindpress.com. Archived from the original on 26 November 2006. Retrieved 9 May 2017.
  11. Chandru, K. (26 November 2011). "Some thoughts around the Madras High Court". The Hindu. Chennai. Archived from the original on 28 November 2011. Retrieved 27 November 2011.
  12. "City Civil and Sessions Court". E-Court Mission Mode Project. Tamil Nadu District Judiciary. n.d. Retrieved 10 January 2023.
  13. Court, Madras High. "Madras High Court - Present Judges". www.hcmadras.tn.nic.in. Archived from the original on 16 January 2018.
  14. "Lordships cling to colonial mace". The Hindu. 7 February 2013. ISSN 0971-751X. Archived from the original on 16 March 2013. Retrieved 14 June 2016.
  15. Archived 13 December 2007 at the Wayback Machine
  16. Vandhana, ?. M. (15 July 2013). "The 'green bench' that has delivered landmark judgements". The Hindu. Archived from the original on 27 July 2013.
  17. "Justice Asok Kumar Ganguly to be Chief Justice of Madras High Court". The India Post. 21 May 2008. Archived from the original on 17 July 2011. Retrieved 26 November 2009.
  18. "Madras High Court". www.hcmadras.tn.nic.in. Archived from the original on 9 May 2017. Retrieved 9 May 2017.
  19. "Madras High Court - Profile of Chief Justice". www.hcmadras.tn.nic.in. Retrieved 4 February 2019.

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