Mr. Kumar Rajarathnam, President, Speaks at the “High Court Buildings Centerary” function on 8th Augus 92. An outstanding legacy An Important historic event went unnoticed by the public of Madras – the centenary of the majestic High Court building. In fact the only institution which celebrated the occasion was the Madras Bar Association which Itself is 127 years old. (This was originally a Barristers’ Association and during the days of the British, the AdvocateGeneral used to be its President). On August 8, the present Chief Justice Mrs. Kanta Bhatnagar and other judges associated themselves with the celebrations organised by the Madras Bar Association. The Madras High Court was established in 1862 by the Royal Charter issued by Queen Victoria. It started functioning from a building in the First Line Beach. M. Ravindran Hony Secretary, Madras Bar Association, High Court, Madras Courtesy – The Hindu. 28.08.1992 60 .

[7/12, 19:08] Sekarreporter1: THE MADRAS BAR ASSOCIATION HONOURS OUR HIGH COURT
Our High Court was chartered in the year 1862. For the first 30 years, it was functioning in a building in the First L. Beach. The present building was declared open on 12-7-1892 by the then Governor Lord Wenlock. As a tokenIne handing over the building, the Governor handed a massive silver key to the then ChiefJustice Sir Arthur Collins Th year 1992 was the Centenary Year for our High Court Building. Neither the High Court nor the State Governs ment chose to celebrate the event. Our Association was the only Institution which celebrated the Centenary of
our High Court Building on 8th August, 1992.

Mr. Kumar Rajarathnam, President, Speaks at the “High Court Buildings Centerary” function on 8th Augus 92.
An outstanding legacy
An Important historic event went unnoticed by the public of Madras – the centenary of the majestic High Court building. In fact the only institution which celebrated the occasion was the Madras Bar Association which Itself is 127 years old. (This was originally a Barristers’ Association and during the days of the British, the AdvocateGeneral used to be its President). On August 8, the present Chief Justice Mrs. Kanta Bhatnagar and other judges associated themselves with the celebrations organised by the Madras Bar Association. The Madras High Court was established in 1862 by the Royal Charter issued by Queen Victoria. It started functioning from a building in the First Line Beach.
“Tuesday the 12th day of July, 1892 was a memorable day for the High Court of Madras. It was on that day that the great and imposing building, which houses the High Court at present, was formally proclaimed open by His Excellency ‘the Governor of Madras’. the Governer was received by the then Chief Justice Sir Arthur Collins the puisne judges and others.
The Governor stated that the work on the building had started in 1888 and that the cost of the building was well near Rs. 13 lakhs. “The style of the building” declared the Governor “is Hindu Saracenic, freely treated according to local requirements.” The novelty was the light-house with the tower. exception A thing of of the Interest heavy was steel the girders fact “that to carry almost the all floorthe material used in the construction of the building, fields had supplied all and roof and some ornamental tiling, was manufactured locally”. The Government brick the bricks.
The key was received from the Governor by His Lordship the Chief Justice. (Re-produced from (1892) 15 ILR Madras – Memorandum” Opening of the new law Courts at Madras.”)
After Sir Arthur Collins, there were seven British Chief Justices until Dr. P. V. Rajamannar took over as the first
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[7/12, 19:09] Sekarreporter1: Indian chief Justice In 1948. A legal luminary and a great scholar, he at once set about re-sahaping the character of the High Court to suit a free India – a trend emulated by his successors to the present day.
When one talks Ofthe High Court building, one instantly recalls the single most outstanding feature of the British Legacy, namely the lagel system.
The legal system has been left untouched simply because it has been recognised as the most suitable to a democracy, with its great emphasis on Individual freedom.
Today the British Monarch is only a symbolic Head of State. Several centuries ago, the Monarch was all powerful and his prerogative could not be challenged before any authority. All was well as long as the monarch was kind and sympathetic towards his subjects. But, when he turned out to be a tyrant and became indifferent to the sufferings of the people as in the case of King John (Il 199-1216 A.D.), they did not meekly submit to the authoritarian regime. Instead, they expressed their collective displeasure by revolting. Of course, they did not meet with complete success straightway. It was through several centuries of ceaseless, arduous and often bloody struggle that the powers of the king were slowly wrested from him and transferred to the House of commons. The process of this change or the evolution of Parliamentary democracy which is the sine-qua-non

of the present legal system makes for Interesting study.
King John was a tyrant, Sensing the mood of the people, the barons of England rose against the king and forced him to sign the great Charter of Demands, the Magna Carta at Runnymade on June 15, 1215. The most important clause in the charter is the one concerning the personal liberty of citizens: “No freeman shall be taken or Imprisoned or deceased or outlawed or exiled or anyway destroyed. Nor will we go upon him nor will we send upon him, unless by the lawful, Judgement of his peers or by the law of the land”. This has been incorporated in the U.S. constitution as “Due process of law.” Article 21 of our Constitution reads “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Henry Bracton who is considered to be the father of law of precedents was a Judge of the King’s Bench. He had, even in the 13th century, recorded 2000 cases. He stated: “If similar things happen to take place, they should be adjudged in a similar way. For it is good to proceed from precedent to precedent.”
The members of the House of Commons presented the petition of 31 Articles to King Henry V in 1406 thus earning some more powers for parliment and the people.
The Magna Carta and the petitions of 31 articles are instances of collective action. But, the contribution of individuals like Bracton and other lovers of freedom to this system is no less significant.
The first name that come to mind is that of Sir Edward Coke of the 16th century. He displayed exemplary courage in upholding the dignity of his office of Chief Justice of England. When King James I tried to interfere with the hearing of a particular case and directed all the 12 judges to consult him. I l judges said “yes” and wanted to stay the proceedings until they had consulted the king. Sir Edward Coke refused to stay the proceedings and certainly was not prepared to consult the king. He said, “Obedience to His Majesty’s command is contrary to the law and contrary to the oaths of the Judges.” Sure enough, he was dismissed by the King. But he went on to become a member of Parliament and advocate liberty of the common man. He was the author of petition of rights in 1628 – a fundamental compact between the crown and the nation.
Justice Croke and Justice Hutton are remembered to this day as the brave 17th century judges who gave a dissenting judgment agains King Charles I. The king claimed Royal Prerogetive that would place him above the law and when this was challenged before the 12 judges in 1637, 1 0 judges held that “Acts of Parliment are void if they seek to take away the Kins’s royal prerogative.” Only Justice Croke and justice Hutton held that Acts of Parliament were Supreme and the King had to obey, the law. The story does not end here. After this verdict, the King became emboldened and turnd’ruthless. He could not tolerate criticism and even attempted to arrest five members of the House of Commons. A civil war broke out. Ultimately, the king was arrested and brought before the House of Commons for trial. He was accused of being a tyrant, traitor and public enemy of England. On the January 29, 1649, he was executed. The rest is, quite literally, history….
Thus, we see how the powers of the King were gradually curtailed and were transferred instead to its rightful owners – the people.
The incidents mentioned here seek to point out that everyone – the general pubic, members of parliament, certain sections Of the aristocracy and of course members of the judiciary- contributed to the cause of Individual freedom and Personal liberty. The legal system which we have inherited thus represents the collective aspirations, pride, dignity, heroism and indeed the very spirit of a noble people.
M. Ravindran
Hony Secretary, Madras Bar Association, High Court, Madras
Courtesy – The Hindu. 28.08.1992 60