Milan Manuel

Review of Madras High Court

Once of the oldest building in Chennai , From 1817...

Once of the oldest building in Chennai , From 1817 to 1862, the Supreme Court of Madras, the precursor to the present Madras High Court, 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

The statue of Manuneethi 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.[5] 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 Sudder Dewanny Adawlut. 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 favour 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 over-ruled 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.[6] The Bill called High Courts (Alternation of Names) Bill has been introduced in the Lok Sabha on 19 July 2016.[7] 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