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The Madras High Court is a High Court in India. It has
appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
over the state of
Tamil Nadu Tamil Nadu (; , TN) is a States and union territories of India, state in southern India. It is the List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of India ...
and the union territory of
Puducherry Puducherry or Pondicherry may refer to: * Puducherry (union territory), a union territory of India ** Pondicherry, capital of the union territory of Puducherry ** Puducherry district, a district of the union territory of Puducherry ** Puducherry t ...
. It is located in
Chennai Chennai (, ), formerly known as Madras ( the official name until 1996), is the capital city of Tamil Nadu, the southernmost Indian state. The largest city of the state in area and population, Chennai is located on the Coromandel Coast of th ...
, and is the third oldest high court of India after the
Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ...
in
Kolkata Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, comme ...
and
Bombay High Court The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ol ...
in Mumbai. The Madras High Court is one of three high courts of colonial India established in the three Presidency Towns of
Madras Chennai (, ), formerly known as Madras ( the official name until 1996), is the capital city of Tamil Nadu, the southernmost Indian state. The largest city of the state in area and population, Chennai is located on the Coromandel Coast of th ...
,
Bombay Mumbai (, ; also known as Bombay — the official name until 1995) is the capital city of the Indian state of Maharashtra and the ''de facto'' financial centre of India. According to the United Nations, as of 2018, Mumbai is the second- ...
and
Calcutta Kolkata (, or , ; also known as Calcutta , List of renamed places in India#West Bengal, the official name until 2001) is the Capital city, capital of the Indian States and union territories of India, state of West Bengal, on the eastern ba ...
by
letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
granted by
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 21 ...
, dated 26 June 1862. It exercises
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
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 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 ri ...
. 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 Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
. The High Court consists of 74 judges and a chief justice.


History

From 1817 to 1862, the Supreme Court of Madras was opposite the
Chennai Beach railway station Chennai Beach (formerly known as Madras Beach) (station code: MSB) is a railway terminus of the Southern Railway network in Parry's Corner, Chennai, India. Built on reclaimed land, the station serves the suburban services of the Chennai Subur ...
. 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.
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
'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. The letters patent were issued by Queen Victoria under the authority of the
British parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
's
Indian High Courts Act 1861 The Indian High Courts Act 1861 (24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. Queen Victoria created the High Courts in Calcutta, Madras, and Bombay b ...
. The three courts are unique, established under British
royal charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, bu ...
in contrast with the other high courts, which were established under the Indian Constitution. 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 ri ...
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 Ṣadr Dīwānī ʿAdālat ( ur, , bn, সদর দেওয়ানি আদালত ) (English: Sudder Dewanny Adawlut) was the Supreme Court of Revenue in British India established at Calcutta by Warren Hastings in 1772. It was reforme ...
. 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 Venkatarama Iyer Krishnaswamy Iyer CSI (15 June 1863 – 28 December 1911) was an Indian lawyer and High Court judge of Madras. He was involved in the prosecution of a partner of the British banking Company Arbuthnot & Co after the bank crashed ...
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 The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
are still binding on it, provided that the
ratio In mathematics, a ratio shows how many times one number contains another. For example, if there are eight oranges and six lemons in a bowl of fruit, then the ratio of oranges to lemons is eight to six (that is, 8:6, which is equivalent to the ...
of a case has not been overruled by 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 ...
. Although the city was renamed from Madras to Chennai in 1996, the Court continued as the Madras High Court. The
Tamil Nadu Legislative Assembly The Tamil Nadu Legislative Assembly is the unicameral legislature of the Indian state of Tamil Nadu. It has a strength of 234 members of whom are democratically elected using the First-past-the-post voting, First-past-the-post system. The pres ...
passed a unanimous resolution appealing to the
Central Government A central government is the government that is a controlling power over a unitary state. Another distinct but sovereign political entity is a federal government, which may have distinct powers at various levels of government, authorized or dele ...
to rename the court as ''High Court of Tamil Nadu'' since the Court serves the whole state.


Court complex

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. The High Court building is an example of
Indo-Saracenic Indo-Saracenic architecture (also known as Indo-Gothic, Mughal-Gothic, Neo-Mughal, or Hindoo style) was a revivalist architectural style mostly used by British architects in India in the later 19th century, especially in public and government ...
architect An architect is a person who plans, designs and oversees the construction of buildings. To practice architecture means to provide services in connection with the design of buildings and the space within the site surrounding the buildings that h ...
ure. Construction began in October 1888 and was completed in 1892 following the design prepared by J. W. Brassington, and later under the guidance of architect
Henry Irwin Henry Irwin (24 January 1841 – 5 August 1922) was an architect of British India. He is mainly known for his works in Indo-Saracenic style of architecture. He was a member of the Institution of Engineers. He was awarded a CIE in the 1888 B ...
, 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 A lighthouse is a tower, building, or other type of physical structure designed to emit light from a system of lamps and lenses and to serve as a beacon for navigational aid, for maritime pilots at sea or on inland waterways. Lighthouses mar ...
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. 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. The High Court building was damaged in the shelling of Madras by
SMS Emden SMS ''Emden'' ("His Majesty's Ship ''Emden''") was the second and final member of the of light cruisers built for the Imperial German Navy (''Kaiserliche Marine''). Named for the town of Emden, she was laid down at the ''Kaiserliche Werft'' ...
on 22 September 1914, at the beginning of the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. 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 Chakravarti Rajagopalachari (10 December 1878 – 25 December 1972), popularly known as Rajaji or C.R., also known as Mootharignar Rajaji (Rajaji'', the Scholar Emeritus''), was an Indian statesman, writer, lawyer, and Indian Independence M ...
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 Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...
.


Bench

The Acting Chief Justice of the Madras High Court is
Munishwar Nath Bhandari Munishwar Nath Bhandari (born on 13 September 1960) is an Indian Judge. He is former Chief Justice of Madras High Court. He has also served as Acting Chief Justice of Madras High Court and Allahabad High Court and Judge of Allahabad High Court ...
. The court houses 57
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s, including the Chief Justice. They exercise civil, criminal, writ, testamentary and admiralty jurisdiction. 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 A ceremonial mace is a highly ornamented staff of metal or wood, carried before a sovereign or other high officials in civic ceremonies by a mace-bearer, intended to represent the official's authority. The mace, as used today, derives from the or ...
made of silver. Most High Courts and the Supreme Court of India either never had the practice or abandoned it.


Related publications


''Madras Law Journal''

The Madras High Court is the birthplace of organised legal reporting in India. It is home to the ''Madras Law Journal'', which was the first journal dedicated to reporting texts of judgments of the High Court. It started in 1891. 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 Mylapore, also spelt Mayilapur, is a neighbourhood in the central part of the city of Chennai, India. It is one of the oldest residential parts of the city. It is also called Tirumayilai. The locality is claimed to be the birthplace of the cel ...
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: 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 Madurai ( , also , ) is a major city in the Indian state of Tamil Nadu. It is the cultural capital of Tamil Nadu and the administrative headquarters of Madurai District. As of the 2011 census, it was the third largest Urban agglomeration in ...
, and has the
Kanyakumari Kanniyakumari (; , referring to Devi Kanya Kumari), also known as Cape Comorin, is a city in Kanniyakumari district in the state of Tamil Nadu, India. It is the southern tip of the Indian subcontinent and the southernmost city in mainland Ind ...
,
Tirunelveli Tirunelveli (, ta, திருநெல்வேலி, translit=Tirunelveli) also known as Nellai ( ta, நெல்லை, translit=Nellai) and historically (during British rule) as Tinnevelly, is a major city in the Indian state of Tami ...
,
Thoothukudi Thoothukudi (formerly Tuticorin) is a port city, a municipal corporation and an industrial city in Thoothukudi district in the Indian state of Tamil Nadu. The city lies in the Coromandel Coast of Bay of Bengal. Thoothukudi is the capital and he ...
,
Tenkasi Tenkasi is a town and headquarters of the Tenkasi district in Indian state of Tamil Nadu. Being one of the most significant spiritual and cultural places in South Tamilnadu,Tenkasi houses The Kutraleeshwarar temple (Chitra Sabha), one of the ...
,
Madurai Madurai ( , also , ) is a major city in the Indian state of Tamil Nadu. It is the cultural capital of Tamil Nadu and the administrative headquarters of Madurai District. As of the 2011 census, it was the third largest Urban agglomeration in ...
,
Dindigul Dindigul, also spelt Thindukkal (), is a city in the Indian state of Tamil Nadu. It is the administrative headquarters of the Dindigul district. Dindigul is located southwest from the state capital, Chennai, away from Tiruchirappalli, away ...
,
Ramanathapuram Ramanathapuram (), also known as Ramnad, is a town and a municipality in Ramanathapuram district in the Indian state of Tamil Nadu. It is the administrative headquarters of Ramanathapuram district and the second largest town (by population) in ...
,
Virudhunagar Virudhunagar is a city and the administrative headquarter of the Virudhunagar district in the Indian state of Tamil Nadu. It is located southwest of the state capital Chennai and south of Madurai. Virudhunagar emerged as an important trade ...
,
Theni Theni is a valley town situated in the Indian state of Tamil Nadu at the foothills of Western Ghats. It is the headquarters of the Theni district, located in a distance of 70km from Madurai. It is known for the large-scale trading of garlic, c ...
,
Sivaganga Sivaganga () is a city and headquarters of the Sivaganga district in the Indian state of Tamil Nadu. Sivaganga is a rani velunachiyar kingdom of Tamil Nadu. It is an important city in this district for official and commercial purposes. Its ni ...
,
Pudukottai Pudukkottai is the administrative headquarters of Pudukkottai District in the Indian state of Tamil Nadu. It is a large city located on the banks of the Vellar River. It has been ruled, at different times, by the mutharaiyar dynasty , Cholas, ...
,
Thanjavur Thanjavur (), also Tanjore, Pletcher 2010, p. 195 is a city in the Indian state of Tamil Nadu. Thanjavur is the 11th biggest city in Tamil Nadu. Thanjavur is an important center of South Indian religion, art, and architecture. Most of the Gr ...
,
Tiruchirappalli Tiruchirappalli () ( formerly Trichinopoly in English), also called Tiruchi or Trichy, is a major tier II city in the Indian state of Tamil Nadu and the administrative headquarters of Tiruchirappalli district. The city is credited with bein ...
and
Karur Karur () is a city in the Indian state of Tamil Nadu. Karur is the administrative headquarters of Karur district. It is located on the banks of River Amaravathi, Kaveri and Noyyal. Karur is well known for the export of Home Textile products to ...
districts under its jurisdiction. Its 107-acre campus is one of the largest in the country, It is second largest in the world after the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
. The four-storey administrative building attracts hundreds of litigants every day. The court complex has 12 court halls, furnished on the model of the court halls in the Supreme Court, the
Delhi Delhi, officially the National Capital Territory (NCT) of Delhi, is a city and a union territory of India containing New Delhi, the capital of India. Straddling the Yamuna river, primarily its western or right bank, Delhi shares borders w ...
and the Madras High Court. The court, since its inauguration on 24 July 2004, has accelerated the legal process in the southern districts.


List of Chief Justices


Supreme Court


High Court (British Administration)


High Court (Indian Administration)


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 54 judges.


Permanent judges


Additional judges


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 authorize ...
*
Architecture of Chennai Chennai architecture is a confluence of many architectural styles. From ancient Tamil temples built by the Pallavas, to the Indo-Saracenic style (pioneered in Madras) of the colonial era, to 20th-century steel and chrome of skyscrapers. Ch ...
*
Heritage structures in Chennai Chennai, with historically rich records dating at least from the time of the Pallavas, houses 2,467 heritage buildings within its metropolitan area ( CMA), the highest within any Metropolitan Area limit in India. Most of these buildings are arou ...


References


External links

* {{High courts of India 1862 establishments in India Buildings and structures in Chennai Courts and tribunals established in 1862 Heritage sites in Chennai Judiciary of India
Madras Chennai (, ), formerly known as Madras ( the official name until 1996), is the capital city of Tamil Nadu, the southernmost Indian state. The largest city of the state in area and population, Chennai is located on the Coromandel Coast of th ...