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The High Court of Kerala is the
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in the
Indian state India is a federal union comprising 28 states and 8 union territories, with a total of 36 entities. The states and union territories are further subdivided into districts and smaller administrative divisions. History Pre-indepen ...
of
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Ca ...
and the Union territory of
Lakshadweep Lakshadweep (), also known as Laccadives (), is a union territory of India. It is an archipelago of 36 islands in the Arabian sea, located off the Malabar Coast. The name ''Lakshadweep'' means "one lakh islands" in Sanskrit, though the Lac ...
. It is located in
Kochi Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of ...
. Drawing its powers under Article 226 of the
Constitution of India The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
, the High Court has the power to issue directions, orders and writs including the writs of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
'', '' mandamus'', ''
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholi ...
'', '' quo warranto'' and '' certiorari'' for ensuring the enforcement of the Fundamental Rights guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original,
appellate In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
s. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction. At present, the sanctioned Judge strength of the High Court of Kerala is 35 Permanent Judges including the Chief Justice and 12 Additional Judges. Depending on the importance and nature of the question to be adjudicated, the judges sit as Single (one judge), Division (two judges), Full (three judges) or such other benches of larger strengths. The foundation stone for the new multi-storied building now housing the High Court of Kerala was laid on 14 March 1994 by the then Chief Justice of India, Justice M. N. Venkatachaliah. The estimated cost of construction was 100 million
Indian rupees The Indian rupee (symbol: ₹; code: INR) is the official currency in the republic of India. The rupee is subdivided into 100 ''paise'' (singular: ''paisa''), though as of 2022, coins of denomination of 1 rupee are the lowest value in use wher ...
. The construction was completed in 2005 at a cost of 850 million Indian rupees. The completed High Court building was inaugurated by the Chief Justice of India, Justice Y. K. Sabharwal on 11 February 2006. The new High Court building is equipped with modern amenities like
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, air conditioned
courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
s,
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, and facilities for retrieval of order copies and publishing of the case status via the internet. The building is built on of land and has a built-up area of over nine floors. The building has in it a post office, bank, medical clinic, library, canteens and such other most needed utilities and services. The High Court of Kerala has moved to its new building from the date of its inauguration, from the adjacent palace, where it had been functioning.


History of judicial system in the State of Kerala

The present State of
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Ca ...
is result of integrating the erstwhile princely kingdoms of
Travancore The Kingdom of Travancore ( /ˈtrævənkɔːr/), also known as the Kingdom of Thiruvithamkoor, was an Indian kingdom from c. 1729 until 1949. It was ruled by the Travancore Royal Family from Padmanabhapuram, and later Thiruvananthapuram. A ...
and
Cochin Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of ...
with
Malabar district Malabar District, also known as Malayalam District, was an administrative district on the southwestern Malabar Coast of Bombay Presidency (1792-1800) and Madras Presidency (1800-1947) in British India, and independent India's Madras State (19 ...
and Kasaragod. The present judicial system in Kerala has its roots dating back to the days of the monarchs of the Kingdoms of Travancore and Cochin.


Early Reforms in the Kingdom of Travancore

In 1799, the Kingdom of Travancore became a vassal state of the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
. British diplomats encouraged judicial reform as they became involved in the political affairs of Travancore. In 1811, following the 1808 insurrection against British Cochin and Quilon, Colonel H. M. Munro succeeded Colonel Macaulay as the Resident in Travancore with supervision over the Kingdom of Cochin. Following an investigation into the rampant lawlessness and the abuse of the system, Colonel Munro surveyed the region with his assistant Captain Blacker and established reforms including courts, pensions, and construction of roads, bridges and schools. He functioned as the Diwan until February 1818 when he handed over the reins to Nanjappayya of Coimbatore. Thus it was Colonel Munro who laid the foundations for a systematic legal system, resulting in the present day scenario. Until his time, there were no independent tribunals for the administration of justice.


Judicial system in the Kingdom of Travancore

In the Kingdom of Travancore, Munro recommended necessary regulations to be passed for the reorganisation of the Courts. These recommendations were accepted by the then king and a Regulation in tune to his recommendations was passed in 1811. Zilla Courts and a Huzur Court were established in the Kingdom of Travancore, in the years 1811 and 1814 respectively. Munro established five zilla (District) courts in A.D 1811 at Padmanabhapuram, Thiruvananthapuram, Mavelikkara,
Vaikom Vaikom, , is a municipal town and a capital town of Vaikom Taluk, situated in the northwest of Kottayam district in the state of Kerala, India. The town is also noted for its role in the Indian independence movement for being the venue of Vai ...
and Aluva. Huzur Court, which functioned as the final appellate Court was later replaced by Sadar Court in 1861. Sadar Court, which possessed almost all the powers of the present High Court of Kerala, continued functioning until 1881. Later in 1887, the High Court of Travancore was established with bench strength of five judges. One among the five judges was appointed as the Chief Justice. The judges had the assistance of a Pundit, who acted as an amicus curiae to advise them on the various points of Hindu law. Ramachandra Iyer was appointed as the first Chief Justice.


Judicial system in the Kingdom of Cochin

In the Kingdom of Cochin, Desavazhis and Naduvazhis were empowered to settle the disputes following the prevailing customary law. More serious matters used to be attended by the monarch himself. In 1812, for the first time in its history, graded law courts were established under the Diwanship of Colonel Munro, in the Kingdom of Cochin. The first Subordinate Courts (Sub Courts) were established by Colonel Munro at Trichur (Thrissur) and Tripunithura. Until 1835, Huzur Court was the final appellate Court. Huzur Court had a bench strength of three judges. Later the Huzur Court was reconstituted as Rajah's Court of Appeal and Subordinate Courts were reconstituted as Zilla Courts. The Zilla Courts were empowered with unlimited jurisdiction, but subject to the confirmation from the Rajah's Court of Appeal. The Rajah's Court of Appeal was reconstituted as the Chief Court of Cochin in 1900. The Chief Court of Cochin had three permanent judges one of whom acted as the Chief Judge. Mr. S. Locke was appointed as the first Chief Judge. Later the Chief Court of Cochin was reconstituted as the High Court, during the Diwanship of Sri. Shanmukham Chettiyar.


After the integration of Travancore and Cochin kingdoms

After India gained her independence on 15 August 1947, the Kingdoms of Travancore and Cochin were integrated to form the Travancore-Cochin State or Thiru-Kochi on 1 July 1949. Later, the High Court of Travancore-Cochin was established at Ernakulam on 7 July 1949 under the Travancore-Cochin High Court Act (1949). Mr. Puthupally Krishna Pillai was the last Chief Justice of High Court of Travancore-Cochin.


Establishment of High Court of Kerala

On 1 November 1956, the
States Reorganisation Act The States Reorganisation act, 1956 was a major reform of the boundaries of India's states and territories, organising them along linguistic lines. Although additional changes to India's state boundaries have been made since 1956, the States ...
, 1956 was passed thereby integrating the State of Travancore-Cochin with
Malabar district Malabar District, also known as Malayalam District, was an administrative district on the southwestern Malabar Coast of Bombay Presidency (1792-1800) and Madras Presidency (1800-1947) in British India, and independent India's Madras State (19 ...
and Kasaragod to form the present State of Kerala. The High Court of Kerala, as it is today was established on 1 November 1956 as the High Court designated for the State of Kerala. The Kerala High Court Act, 1958 defined the jurisdiction and various functions, and powers of the High Court of Kerala. Initially, many cases from both the Travancore-Cochin High Court and the High Court of Madras were transferred to the High Court of Kerala for adjudication. Justice K. T. Koshi was appointed as the first Chief Justice of High Court of Kerala.


Justice's

The current sitting judges of the court are as follows:High Court of Kerala – Profile of sitting judges
/ref>


Former Chief Justices


Controversy

The High Court of Kerala building in
Kochi Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of ...
had not assigned Number 13 to any of its
courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
s due to triskaidekaphobia. This created a controversy in Kerala as the state prides itself on being the most literate in India. A petitioner questioned this in Kerala High Court itself whether it was due to superstitious beliefs, as the room numbering skipped from 12 to 14. After hearing this petition, the High Court not only dismissed it, but imposed a fine of on the petitioner. Later, the
Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
over-ruled the High Court's decision admonishing the encouragement of superstitions saying that "The High Court is an institution. It should not be allowed to encourage this sort of superstitions" Kerala Legislative Assembly passed resolution for setting up a high court bench at Thiruvananthapuram, capital city of
Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Ca ...
. The
Union Government The Government of India (ISO 15919, ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the Government, national government of the Republic of India, a federal democracy lo ...
and the Supreme Court are favourable in sanctioning more high court benches in country, and had already sanctioned many in other states. However, a new high court bench at Thiruvananthapuram is still pending, due to opposition by some in the high court at Ernakulam. The opposition is based on the rationale that when the United State of Travancore-Cochin (the forerunner to the State of Kerala) was created, it was agreed that its capital would be
Travancore The Kingdom of Travancore ( /ˈtrævənkɔːr/), also known as the Kingdom of Thiruvithamkoor, was an Indian kingdom from c. 1729 until 1949. It was ruled by the Travancore Royal Family from Padmanabhapuram, and later Thiruvananthapuram. A ...
's capital Thiruvananthapuram, where the legislature and the executive would be based, but that the judiciary would be based in Kochi,
Cochin Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of ...
's capital.


See also

*
High Courts of India The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authori ...
* KHCAA Golden Jubilee Chamber Complex


References


External links


High Court of Kerala



Speech at the inauguration of the new building
{{High courts of India Law enforcement in Kerala 1956 establishments in Kerala Courts and tribunals established in 1956