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Madras High Court
Madras High Court Building
Established15 August 1862; 159 years ago (1862-08-15)
LocationChennai, Tamil Nadu, India
Coordinates13°05′12.8″N 80°17′16.4″E / 13.086889°N 80.287889°E / 13.086889; 80.287889Coordinates: 13°05′12.8″N 80°17′16.4″E / 13.086889°N 80.287889°E / 13.086889; 80.287889
MottoTruth Alone Triumphs
Composition methodPresidential with confirmation of Chief Justice of India and Governor of respective state.
Authorized byConstitution of India
Appeals toSupreme Court of India
Judge term lengthMandatory retirement by age of 62
Number of positions75
(Permanent 56; Addl. 19)
WebsiteMadras High Court
Chief Justice
CurrentlyMunishwar Nath Bhandari (Acting)
Since22 November 2021

The Madras High Court [1] is the second oldest High Court of India after the Calcutta High Court in Kolkata.[2][3][4] It is located in Chennai, Tamil Nadu. The court is one of the three High Courts in India established in the three Presidency Towns of Madras, Bombay and Calcutta by letters patent granted by Queen Victoria, bearing date 26 June 1862. It exercises original jurisdiction over the city of Chennai and appellate jurisdiction over the entire state of Tamil Nadu and Union territory of Puducherry, 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.[5][6] Covering 107 acres, the court complex is one of the largest in the world, next only to Supreme Court of the United Kingdom, London.

It consists of 74 judges and a chief justice who are in charge of the general policy adopted in the administration of justice.[6] In September 2016, the centre government forwarded the names of 15 new judges to the President for his signature on their warrants of appointment. Of the 15, nine are from among lawyers and six from the subordinate judiciary.[7]

Justice Munishwar Nath Bhandari (Acting CJ) is the current Chief Justice of Madras High Court. He assumed office on 22 November 2021.[8][9]

History

From 1817 to 1862, the Supreme Court of Madras was situated in a building opposite the Chennai Beach railway station. From 1862 to 1892, the High Court was also housed in that building. The present buildings were officially inaugurated on 12 July 1892, when the then Madras Governor, Beilby, Baron Wenlock, handed over the key to the then Chief Justice Sir Arthur Collins.[10]

The statue of Manuneedhi Cholan in the Madras High Court premises
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.[11] The letters patent were issued by Queen Victoria under the authority of the British parliament's Indian High Courts Act 1861. The three courts remain unique in modern India, having been established under British royal charter; this is in contrast with the country's other high courts, which have been directly established under the Indian Constitution. However, the Constitution of India recognises the status of 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 of the High Court included Judges Holloway, Innes, and Morgan. The first Indian to sit as a judge of 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 Madras High Court's 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 name of the city was changed from Madras to Chennai in 1996, the Court as an institution did not follow suit and retained the name as the Madras High Court. However, a Bill to rename the Madras High Court as the Chennai High Court was approved by the cabinet on 5 July 2016, along with the change of name of the Calcutta High Court and Bombay High Court as Kolkata High Court and Mumbai High Court, respectively.[12] The Bill called High Courts (Alternation of Names) Bill has been introduced in the Lok Sabha on 19 July 2016.[13] The Bill is yet to be passed by both Houses of Parliament. However, the Tamil Nadu Legislative Assembly has 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.[14]

Building Complex

Madras High Court, Chennai
Madras High Court, Chennai

The High Court complex is located in the southern end of George Town. The High Court building was constructed after shifting out a couple of temples that were in existence on the land in the 19th century. The present building now used exclusively by the Madras High Court was actually built to house, along with the High Court, the Courts of Small Causes and the City Civil Court, which were subsequently shifted out to other new buildings on the campus.[15]

Construction of the High Court building, an exquisite example of Indo-Saracenic style of architecture, began in October 1888 and was completed in 1892 with the design prepared by J. W. Brassington, the then consulting architect to the government,[15] and later under the guidance of the famed architect Henry Irwin,[16] who completed it with the assistance of J. H. Stephens.

J. W. Brassington initially prepared a plan to construct a building with 11 court halls at an estimate of 945,000. Of these, 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 the lawyers’ chambers was subsequently added to the plan, with a walkway on the first floor to connect it to the main building, increasing the total expenditure to 1,298,163. Complementing a 125-feet-tall standalone lighthouse that was already in existence on the court campus, a dioptric light was built on the 142-feet-high main tower of the building, raising the total height of the tower to 175 feet.[15]

Save for the heavy steel girders and some ornamental tiles, almost all the materials for the construction were procured locally. Bricks and terracotta articles were brought from the government brickfields. Most of the construction work was executed by artisans trained at the School of Arts in the city.[15]

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 very few Indian buildings to have been damaged by a German attack.

There are several matters of architectural interest in the High Court. The painted ceilings and the stained glass doors are masterpieces in themselves. The old lighthouse of the city is housed within the High Court campus but is unfortunately poorly maintained and is in disrepair.

The Department of Posts has allotted a Postal Index Number (PIN) code of 600104 to the zone occupied by the Chennai High Court. The boundaries of the High Court complex are marked by two roads, namely, 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.[17]

Panoramic view of the High Court and its surroundings
Panoramic view of the High Court and its surroundings

Bench

The current Acting Chief Justice of the Madras High Court is Munishwar Nath Bhandari. The court currently has 57 judges, including the Chief Justice, who exercise civil, criminal, writ, testamentary and admiralty jurisdiction.[18] The Madurai Bench has been functioning since 2004.

The vestiges of the colonial High Court continue to characterise the premises till date. In a rare tradition which is today a distinction, Judges of the Madras High Court are still led by orderlies who bear a ceremonial mace made of silver. This is a practice so old that most High Courts and even the Supreme Court of India have either not had the practice at all or have abandoned it long back.[19]

Reporting—Madras Law Journal (since 1891)

The Madras High Court is the birthplace of organised legal reporting in India. It is home to the Madras Law Journal,[20] which was the first journal dedicated to reporting texts of judgments of the High Court started way back in 1891.

The High Courts, c. 1905
The High Courts, c. 1905

An informal eponymous club called The Saturday Club, that met at 11 a. m. every week was started at the house of the Vakil Bar's senior member Sir S. Subramania Iyer in Mylapore in 1888 with all leading members of the Madras Bar taking part. At one of these meetings, it was decided to start The Madras Law Journal, which was inspired by the then newly established periodicals like 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."

Right from the beginning, The Madras Law Journal has been a source of inspiration and instruction to the students of law, and its notes and editorial reviews always evoked admiration and respect. It achieved well-deserved fame throughout India, in England and America and indeed throughout the British Empire for its quickness and accuracy in reporting and discrimination in the selection of cases to be reported. It has now come to occupy a premier place among legal periodicals in the country and its weight and authority have been consistently considerable with the Bench and the Bar in all parts of India.

Reporting—Madras Weekly Notes (Criminal and Civil) Since 1910

Madras Weekly Notes is a Law Journal reporting the Criminal Side Judgements of the Hon'ble Madras High Court from 1910 to till date.

Citations are formatted like "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.

Law Journals Reporting Judgements of the Madras High Court

CTC - Current Tamil Nadu Cases. CWC - Current Writ Cases. TNMAC - Tamil Nadu Motor Accident Cases.

Madurai Bench

Established in 2004, the court is a boon to the people in fourteen southern districts of Tamil Nadu. The bench has Kanyakumari, Tirunelveli, Thoothukudi, Tenkasi, Madurai, Dindigul, Ramanathapuram, Virudhunagar, Theni, Sivaganga, Pudukottai, Thanjavur, Tiruchirappalli and Karur districts under its jurisdiction.

The 107-acre campus of the Court is one of the largest court campuses in the country, Second Largest in the world after the Supreme Court of the United Kingdom, London and 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 and the Madras High Courts.

The court, since its inauguration on 24 July 2004, has perked up the legal process in the southern districts and has cultivated a large number of social activists, who vouch for the interest of the public though their public interest litigations.[21]

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.
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

# Chief Justice Term
1 Sir Thomas Andrew Lumisden Strange 1801–1816
2 Sir John Henry Newbolt 1816–1820
3 Sir Edmond Stanley 1820–1825
4 Sir Ralph Palmer 1825–1835
5 Sir Robert Buckley Comyn 1835–1842
6 Sir Edward John Gambier 1842–1850
7 Sir Christopher Rawlinson 1850–1859
8 Sir Henry Davison 1859–1860
9 Sir Colley Harman Scotland 1860–1861

High Court (British Administration)

# Chief Justice Term
9 Sir Colley Harman Scotland 1861–1871
10 Sir Walter Morgan 1871–1879
11 Sir Charles Arthur Turner 1879–1885
12 Sir Arthur John Hammond Collins 1885–1898
13 Charles Arnold White 1899–1914
14 John Edward Power Wallis 1914–1921
15 Sir Walter George Salis Schwabe 1921–1924
16 Sir Murray Coutts-Trotter 1924–1929
17 Sir Horace Owen Compton Beasley 1929–1937
18 Sir Alfred Henry Lionel Leach 1937–1947
19 Sir Fredrick William Gentle 1947–1948

High Court (Indian Administration)

S. No. Chief Justice Date of Appointment Date of Retirement
20 P. V. Rajamannar 22 April 1948 9 May 1961
21 S. Ramachandra Iyer 16 September 1961 1 November 1964
22 Palagani Chandra Reddy 15 February 1965 30 June 1966
23 M. Anantanarayanan 1 July 1966 30 April 1969
24 Kuppuswami Naidu Veeraswami 1 May 1969 11 March 1976
25 Palapatti Sadaya Goundar Kailasam 8 April 1976 2 January 1977
26 Padmanbhapillay Govindan Nair 3 January 1977 28 May 1978
27 Tayi Ramaprasada Rao 29 May 1978 5 November 1979
28 Muhammad Kassim Muhammad Ismail 6 November 1979 9 July 1981
29 Ballabh Narayan Singh 12 March 1982 24 January 1984
30 Madhukar Narhar Chandurkar 2 April 1984 13 March 1988
31 Shanmughasundara Mohan 19 October 1989 24 October 1989
32 Adarsh Sein Anand 1 November 1989 17 November 1991
33 Kanta Kumari Bhatnagar 15 June 1992 14 November 1992
34 Kudarikoti Annadanayya Swamy 1 July 1993 19 March 1997
35 Manmohan Singh Liberhan 7 July 1997 27 December 1998
36 Ashok Chhotelal Agarwal 24 May 1999 26 August 1999
37 K. G. Balakrishnan 9 September 1999 15 June 2000
38 Nagendra Kumar Jain 13 September 2000 30 August 2001
39 B. Subhashan Reddy 12 September 2001 20 November 2004
40 Markandey Katju 28 November 2004 10 October 2005
41 Ajit Prakash Shah 12 November 2005 9 May 2008
42 Asok Kumar Ganguly 19 May 2008 15 December 2008[22]
43 Hemant Laxman Gokhale 9 March 2009 28 April 2010
44 M. Y. Iqbal 11 June 2010 21 December 2012
45 Rajesh Kumar Agrawal 24 October 2013 16 February 2014
46 Sanjay Kishan Kaul 26 July 2014 16 February 2017[23]
47 Indira Banerjee 5 April 2017 6 August 2018
48 Vijaya Kamlesh Tahilramani 12 August 2018 6 September 2019
49 Amreshwar Pratap Sahi 11 November 2019 31 December 2020
50 Sanjib Banerjee 4 January 2021 16 November 2021
Acting M. Duraiswamy 17 November 2021 22 November 2021
Acting Munishwar Nath Bhandari 22 November 2021 Incumbent

Present Judges

The Madras High Court sits at Chennai and has jurisdiction over the state of Tamil Nadu. It is permitted to have a maximum of 75 judges, of which 56 may be permanently appointed and 19 may be additionally appointed. Currently, it has 60 judges.[24]

Permanent judges

# Judge Date of joining Date of retirement
1 Munishwar Nath Bhandari (Acting CJ) 5 July 2007 12 September 2022
2 M. Duraiswamy 31 March 2009 21 September 2022
3 T. Raja 31 March 2009 24 May 2023
4 Paresh Ravishankar Upadhyay 21 November 2011 13 December 2022
5 Panzhayanur Narayanan Prakash 25 October 2013 11 January 2023
6 Pushpa Sathyanarayana 25 October 2013 27 February 2022
7 Kandasamy Kalyanasundaram 25 October 2013 26 May 2022
8 S. Vaidyanathan 25 October 2013 16 August 2024
9 R. Mahadevan 25 October 2013 9 June 2025
10 V. M. Velumani 20 December 2013 5 April 2024
11 V. Bharathidasan 7 April 2016 6 May 2022
12 D. Krishnakumar 7 April 2016 21 May 2025
13 S. S. Sundar 7 April 2016 2 May 2025
14 V. Parthiban 5 October 2016 23 April 2022
15 R. Subramanian 5 October 2016 24 July 2025
16 M. Govindaraj 5 October 2016 18 May 2022
17 M. Sundar 5 October 2016 18 July 2028
18 R. Suresh Kumar 5 October 2016 28 May 2026
19 J. Nisha Banu 5 October 2016 17 September 2028
20 M. S. Ramesh 5 October 2016 27 December 2025
21 S. M. Subramaniam 5 October 2016 30 May 2027
22 Dr. Anita Sumanth 5 October 2016 14 April 2032
23 P. Velmurugan 5 October 2016 8 June 2027
24 Dr. G. Jayachandran 5 October 2016 31 March 2027
25 C. V. Karthikeyan 5 October 2016 13 December 2026
26 R. M. T. Teeka Raman 16 November 2016 8 June 2025
27 N. Sathish Kumar 16 November 2016 5 May 2029
28 N. Seshasayee 16 November 2016 7 January 2025
29 V. Bhavani Subbaroyan 28 June 2017 16 May 2025
30 A. D. Jagadish Chandira 28 June 2017 14 February 2028
31 G. R. Swaminathan 28 June 2017 31 May 2030
32 Abdul Quddhose 28 June 2017 7 September 2031
33 M. Dhandapani 28 June 2017 14 April 2030
34 Pondicherry Daivasigamani Audikesavalu 28 June 2017 29 December 2032
35 R. Tharani 1 December 2017 9 June 2023
36 T. Krishnavalli 1 December 2017 27 September 2021
37 R. Pongiappan 1 December 2017 11 May 2022
38 R. Hemalatha 1 December 2017 30 April 2025
39 P. T. Asha 4 June 2018 21 August 2028
40 N. Nirmal Kumar 4 June 2018 22 November 2027
41 N. Anand Venkatesh 4 June 2018 3 July 2031
42 G. K. Ilanthiraiyan 4 June 2018 8 July 2032
43 Krishnan Ramasmy 4 June 2018 2 June 2030
44 C. Saravanan 4 June 2018 30 November 2033
45 B. Pugalendhi 20 November 2018 24 May 2029
46 Senhilkumar Ramamoorthy 22 February 2019 1 October 2028
Vacant

Additional judges

# Judge Date of joining
1 Govindarajulu Chandrasekharan 3 December 2020
2 A. A. Nakkiran 3 December 2020
3 Veerasamy Sivagnanam 3 December 2020
4 Ilangovan Ganesan 3 December 2020
5 Ananthi Subramanian 3 December 2020
6 Kannammal Shanmuga Sundaram 3 December 2020
7 Sathi Kumar Sukumara Kurup 3 December 2020
8 Murali Shankar Kuppuraju 3 December 2020
9 Manjula Ramaraju Nalliah 3 December 2020
10 Thamilselvi T. Valayapalayam 3 December 2020
11 Sundaram Srimathy 20 October 2021
12 D. Bharatha Chakravarthy 20 October 2021
13 R. Vijayakumar 20 October 2021
14 Mohammed Shaffiq 20 October 2021
15 J. Satya Narayana Prasad 29 October 2021

See also

References

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  20. ^ [1] Archived 13 December 2007 at the Wayback Machine
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  24. ^ "Madras High Court - Profile of Chief Justice". www.hcmadras.tn.nic.in. Retrieved 4 February 2019.

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