August 15, which we celebrate as our country's birthday,  is also incidentally the birthday of the Madras High Court. It was born  85 years before India got its Independence. The Indian High Courts Act,  1861 passed by the British Parliament enabled the colonial government  to establish High Courts of Judicature in India. It merged the earlier  Supreme Courts functioning in the Presidency Towns along with Sadar  Adalats and established High Courts in the three Presidential Towns of  Bombay (Mumbai), Calcutta (Kolkata), and Madras (Chennai). The Act  authorised Queen Victoria to issue letters patent under the great seal  of the United Kingdom to erect and establish High Courts of judicatures.
The  court at the time of its establishment was required to discharge cases  with “justice, equity and good conscience.” Though the charter for the  establishment of the High Court of Madras was issued on June 26, 1862,  the Madras High Court was inaugurated on August 15, 1862. After its  initial functioning at the present Chennai Collectorate, it moved to the  present campus in 1892.
The High Court initially  administered its jurisdiction only within the Presidency town. Its  jurisdiction got extended to the entire Presidency subsequently. Being  the High Court established by the Act of the British Parliament, it had  the power to issue prerogative writs. The power to issue writ in the  nature of habeas corpus was curtailed by Section 491 of the Cr.P.C.  (1898). After the enactment of the Government of India Act, 1935, the  power to issue habeas corpus writ was restored. Subsequent to the  enactment of the Constitution (1950), the High Courts were recognised by  the Constitution and the power to issue writs, orders or directions was  conferred on it under Article 226. The power under Article 226 became a  potent weapon in the hands of citizens as against acts of States to  keep it under check. It was held to be part of the basic structure of  the Constitution. No constitutional amendment can divest that power [L.  Chandrakumar's case – (1997)].
After the States  Reorganisation, many parts of the Madras Presidency went away to form  Andhra Pradesh, Karnataka, and Kerala. Those High Courts were called the  Andhra Pradesh High Court, the Karnataka High Court, and the Kerala  High Court, and named after those States. But the name of the Madras  High Court remained unchanged notwithstanding Madras becoming Chennai.  It is incongruous that even after the establishment of the Madurai Bench  of the Madras High Court (2004), it is still called the Madras High  Court. It is high time it was called the Tamil Nadu High Court.
Since  1892, many changes have taken place. The beach opposite to the High  Court, popularly known as High Court Beach, disappeared thanks to Port  Trust cornering the place. The Light House beaming its light over the  city, which was housed within the High Court building, was closed. It is  ironical to have facade lighting arrayed to see the old Light House in  the evenings.
But within the High Court, many things  have remained unchanged: the Silver Mace bearers going in front of the  judges to the Court, lawyers and others addressing judges as My Lords  and Lordship and wearing colonial robes (black coat and gown). Even  women judges are to be called My Lord and Her Lordship. Even after the  Bar Council of India resolution No.58/2006, dated April 9, 2006, lawyers  continue to address the court with honorifics such as My Lords.  Strangely, though there is no law prescribing robes for the judges, they  adorn the same attire and refuse to change the customary practice.
As  the Court enters its 150th year and celebrations are being planned on a  big scale, it is high time a social audit was done on its performance.  The 150 years period will have to be necessarily split up into two  parts, that is, the colonial and the post-colonial period. At the time  of its establishment, judges were solely appointed by the Crown,  two-thirds of the vacancies were to be filled up by English and Irish  barristers and bureaucrats drawn from the covenanted civil services.  Judges had to serve during Her Majesty's pleasure. While the Government  of India Act, 1935 provided some changes, it was only after the  Constitution was adopted in 1950 that a constitutional framework for  High Courts was evolved.
Any study on this  institution must cover the functioning of the Court under the colonial  government to know its role during the two World Wars and how far it had  acquitted itself. There were instances when lawyers who participated in  the freedom struggle were punished and had their names removed from the  bar roll. The cases of detenues' appeals during World War II were dealt  with by British judges in a secret manner and records relating to  appeals under the Public Safety Act are yet to be explored by  historians.
Undoubtedly, the Madras High Court is the  first in many respects. It is the first High Court whose judges have  declared their assets and put it up at the official website. The judges  have also adopted the “statement of values” evolved by the Supreme Court  (1997). The judiciary here represents a wider cross section of society  compared with many High Courts in India.
The Madras  High Court tops in the rate of disposal of cases in India. But the  ever-increasing load of cases has created problems of space not only for  lawyers and litigants, but also for the system of keeping records and  maintaining them. The number of Tribunals created has taken away the  powers of the High Court. The systematic deprivation of the High Court's  power is not conducive either to the independence of the judiciary or  to the rule of law.
Even after 61 years of the  Constitution, the High Court is still not allowed to have Tamil as the  additional court language. Though the Court gave its consent in the year  2006, the presidential notification is nowhere in sight.
The  colonial practice of having a summer vacation and working 210 days in a  year is clearly a huge waste of human resources. It is high time the  courts functioned like any other public offices round the year. Being  sentinels of justice, the doors of the courts should never remain  closed. They can be operated in such a way that leave can be granted on a  rotational basis to judges.
Work stoppages by  lawyers are another evil that has crept in. Even after the Supreme  Court's judgment in Harish Uppal's case (2003), the High Court  continuously lost 30 to 40 days due to work stoppage by lawyers in the  last few years. 
The role of lawyers is an essential  adjunct for proper maintenance of the court system. Unbecoming scenes  that are witnessed in courts are largely on account of lack of proper  training in law and ethical values. The justice delivery system depends  on the quality of the Bar. The improvement of legal education in the  country must be taken up as a priority.
All  stakeholders must ponder over the ills plaguing the justice delivery  system and strive for a people-oriented justice delivery system. This is  the imperative need of the time when the entire nation debates on the  Judges' Accountability Bill and vociferous cries are heard for inclusion  of the higher judiciary under the Lok Pal's ambit.
With  mounting arrears and a huge backlog of cases, we are sitting over a  volcano. The latest statistics given to the press by the High Court  reveal that there are more than 400,000 civil cases and around 50,000  criminal cases pending for disposal.
In the words of  the Supreme Court of India: “People in India are simply disgusted with  this state of affairs, and are fast losing faith in the judiciary  because of the inordinate delay in disposal of cases. We request the  authorities concerned to do the needful in the matter urgently to ensure  speedy disposal of cases if the people's faith in the judiciary is to  remain” (See: (2007) 11 SCC 37). The Supreme Court once again warned  that “many people have started thinking that justice will not be done in  the courts due to the delays in court proceedings. This is indeed an  alarming state of affairs” (See: (2007) 14 SCC 452).
The  top priority must be to find effective ways and means in bringing down  the pendency so that people at large and litigants in particular are  assured of a proper and prompt justice delivery system.
“To none shall we deny justice
 To none shall we delay justice
 To none shall we sell justice”
The  ‘Magna Carta' in which these words are found was repealed by an  official Act of Parliament, yet it must reverberate in our zeal for  justice and must not be forgotten in the year-long festivities to  celebrate the High Court's 150th year.

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