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Important Institutions

Important Institution

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 28-Feb-2025

Introduction 

  • The Himachal Pradesh High Court stands as a testament to India's evolving judicial landscape following independence.  
  • Established in 1971 when Himachal Pradesh attained statehood, the court has played a pivotal role in upholding justice and constitutional values in this Himalayan state.  

Historical Background of Himachal Pradesh High Court 

Pre-Independence Era 

  • Prior to India's independence, the region now known as Himachal Pradesh consisted of numerous princely states, each with its own administrative system and laws.  
  • In most of these princely states, governance operated at the discretion of the rulers or their wazirs (ministers), whose pronouncements were considered law.  
  • This decentralized approach to justice would soon give way to a more structured system following India's independence. 

Formation of Himachal Pradesh 

  • Himachal Pradesh was formed on 15th April 1948, through the integration of 26 Shimla hill states and 4 Punjab hill states into a Centrally Administered Area.  
  • This administrative unification was further enhanced on 1st April, 1954, when parts of Bilaspur were merged with Himachal Pradesh.  
  • The newly formed territory established its headquarters at Shimla, under the leadership of a Chief Commissioner. 

Early Administrative Structure 

  • The first Chief Commissioner of Himachal Pradesh was Mr. N.C. Mehta, who was assisted by his deputy, Mr. E. Penderal Moon, ICS. 
  • To support governance functions, an advisory council was formed on 30th September 1948, to advise the Chief Commissioner on administrative matters. 

Evolution of the Judicial System in Himachal Pradesh 

The Court of Judicial Commissioner (1948-1967) 

  • The Central Government established the initial judicial framework through the Himachal Pradesh (Courts) Order, 1948, enacted on 15th August 1948.  
  • Under Paragraph 3 of the Order, the Court of Judicial Commissioner was established for Himachal Pradesh, housed at "Harvingtan" in the Kelston area of Shimla.  
  • This court was vested with the powers of a High Court under the Judicial Commissioner's Court Act, 1950. 
  • Simultaneously, two Courts of District and Sessions Judges and 27 subordinate Courts were set up.  
  • The Punjab High Court rules and orders, with suitable amendments, were made applicable to these courts.  
  • The judicial infrastructure expanded in 1967 with the establishment of two additional District and Sessions Judges Courts for Shimla and Kangra. 

The Himachal Bench of Delhi High Court (1967-1971) 

  • In 1966, the Government of India enacted the Delhi High Court Act, which came into effect on 1st May 1967.  
  • The Central Government extended the operation of this Act to the Union Territory of Himachal Pradesh, replacing the Court of Judicial Commissioner with the Himachal Bench of Delhi High Court at Shimla.  
  • This bench began operating in the old High Court building known as "Ravenswood." 
  • At that time, Hon'ble Mr. Justice K.S. Hegde was the Chief Justice of the Delhi High Court.  
  • The first circuit bench of the Delhi High Court at Shimla consisted of Hon'ble Mr. Justice S.K. Kapoor and Hon'ble Mr. Justice Hardayal Hardy. 

Establishment of the High Court of Himachal Pradesh (1971) 

  • When Himachal Pradesh attained statehood in 1971, it established its own independent High Court with headquarters at "Ravenswood," Shimla.  
  • The court initially consisted of one Chief Justice and two Judges.  
  • The first Chief Justice of the High Court of Himachal Pradesh was Hon'ble Mr. Justice M.H. Beg, joined by Hon'ble Mr. Justice D.B. Lal and Hon'ble Mr. Justice C.R. Thakur as the first Judges of the court. 

Distinguished Chief Justices 

  • Over the years, numerous eminent jurists have adorned the office of Chief Justice of the Himachal Pradesh High Court, each leaving a distinct mark on the working of the institution. Some of these distinguished Chief Justices include: 
    • Hon'ble Mr. Justice M.H. Beg 
    • Hon'ble Mr. Justice R.S. Pathak 
    • Hon'ble Mr. Justice T.U. Mehta 
    • Hon'ble Mr. Justice V.D. Misra 
    • Hon'ble Mr. Justice P.D. Desai 
    • Hon'ble Mr. Justice N.M. Kasliwal 
    • Hon'ble Mr. Justice P.C.B. Menon 
    • Hon'ble Ms. Justice Leila Seth 
    • Hon'ble Mr. Justice S.K. Seth 
    • Hon'ble Mr. Justice V. Ratnam 
    • Hon'ble Mr. Justice G.C. Gupta 
    • Hon'ble Mr. Justice S.N. Phukan 
    • Hon'ble Mr. Justice M. Srinivasan 
    • Hon'ble Mr. Justice M.N. Rao 
    • Hon'ble Mr. Justice D. Raju 
    • Hon'ble Mr. Justice C.K. Thakker 
    • Hon'ble Mr. Justice W.A. Shishak 
    • Hon'ble Mr. Justice V.K. Gupta 
    • Hon'ble Mr. Justice Jagdish Bhalla 
    • Hon'ble Mr. Justice Kurian Joseph 
    • Hon'ble Mr. Justice A.M. Khanwilkar 
    • Hon'ble Mr. Justice Mansoor Ahmad Mir 
    • Hon'ble Mr. Justice Surya Kant 
    • Hon'ble Mr. Justice V. Ramasubramanian 
    • Hon'ble Mr. Justice L. Narayana Swamy 
    • Hon'ble Mr. Justice Mohammad Rafiq 
    • Hon'ble Mr. Justice Amjad Ahtesham Sayed 
    • Hon'ble Justice Mamidanna Satya Ratna Sri Ramachandra Rao 

Current Structure and Leadership        

  • Presently, the august office of the Chief Justice is adorned by Hon'ble Justice Gurmeet Singh Sandhawalia.  
  • Under his able leadership, both the Himachal Pradesh High Court and its subordinate courts are making significant progress.  
  • Although small in size, this High Court holds a place of pride in the judicial landscape of India. 
  • As of May 2024, the sanctioned strength of Judges in the Himachal Pradesh High Court is seventeen, including the Chief Justice.  
  • Currently, twelve Judges, including the Chief Justice, are presiding over the court. 

Administrative Committees 

  • The Himachal Pradesh High Court operates through various committees to ensure efficient administration of justice.  
  • As of 31st May, 2024, there are 23 committees, each with specific responsibilities: 
    • Administrative Committee: Chaired by the Chief Justice, this committee oversees general administrative matters. 
    • Regarding Designation of Advocates as Senior Advocates: This committee evaluates and recommends advocates for designation as Senior Advocates. 
    • Grievance Redressal Committee: Addresses grievances of members of the Bar. 
    • Finance Committee: Manages financial matters related to the High Court. 
    • Implementation of Centrally Sponsored Scheme: Oversees the implementation of centrally sponsored schemes in the judiciary. 
    • Disciplinary, Vigilance, and Promotion Committee: Handles disciplinary actions, vigilance matters, and promotions of court staff. 
    • Building and Infrastructure Committee: Oversees the development and maintenance of court infrastructure. 
    • Permanent Vulnerable Witness Deposition Centre (VWDC) Committee: Ensures proper facilities for vulnerable witnesses. 
    • State Court Management Systems Committee: Manages the court systems across the state. 
    • Juvenile Justice Committee: Handles matters related to juvenile justice. 
    • Welfare Committee for Hon'ble Judge and District Judiciary: Looks after the welfare of judges at all levels. 
    • Litigation Committee: Manages litigation matters involving the court. 
    • Case Management and Arrears Committee: Works to reduce case backlogs and improve case management. 
    • Computer, e-Courts, Artificial Intelligence, AI Assisted Legal Translation Advisory Committee, and e-Law Reports: Oversees technological advancements in the court system. 
    • Rules Committee and Grievances of the Staff of District Courts: Formulates rules and addresses grievances of district court staff. 
    • Disaster Management Committee: Prepares for and manages responses to disasters. 
    • Library Committee: Manages the court's library resources. 
    • Arbitration, Mediation, and Conciliation Committee: Promotes alternative dispute resolution mechanisms. 
    • Committee for Drawing Annual Report: Prepares the annual report of the High Court. 
    • Family Court Committee: Oversees the functioning of family courts. 
    • Protocol & Hospitality Committee: Manages protocol and hospitality matters. 
    • Accessibility Committee at High Court Level: Ensures the court is accessible to all, including persons with disabilities. 
    • Committee for Allotment of Residential Accommodation: Manages the allotment of residential accommodations. 
  • The Chief Justice serves as the ex-officio Chairperson of all committees. Recommendations made by committees not presided over by the Chief Justice are placed before the Chief Justice for approval before implementation. 

Conclusion 

The Himachal Pradesh High Court, though one of the younger High Courts in India, has established itself as a significant institution in the country's judicial framework. From its humble beginnings as the Court of Judicial Commissioner to its status as a full-fledged High Court, it has evolved considerably over the decades. 

The court has been graced by numerous distinguished jurists, many of whom went on to serve in the Supreme Court of India. This legacy of excellence continues under the current leadership of Hon'ble Justice Gurmeet Singh Sandhawalia.