The present
state of Madhya Pradesh, as
is well known, was originally created as
Central Province
on 02/11/1861, as Judicial Commission's territory and was administered by the
Judicial Commissioner. The Judicial Commissioner's court at Nagpur was, at that
time, the highest Court of the territory. It was converted into
a Governor's province
in 1921, when it
became entitled to a
full-fledged High Court for administration of
Justice. Financial & administrative
difficulties however,
resulted in denial of a High Court, for about
15 years, to the Central
Provinces. Meanwhile Berar, a
part of Nijam's state of
Hyderebad, was transferred in 1933 to the Central
Province, for administration. This gave the
state its
new name "Central Provinces &
Berar". Thereafter, by
virtue of Letters Patent dated
2nd of January 1936, issued under Section
108 of the Government of
India Act, 1915, by King
Emperor, George the Fifth,
Nagpur High Court was established for Central Pronvices
& Berar. This
Letters Patent, whereunder the Nagpur High Court
was constituted and invested with jurisdiction,
continued in force even after the adoption of
the constitution of India on 26th of
January 1950 by virtue of Articles 225 & 372 thereof.
On 1st of
November 1956 the States Reorganization
Act was enacted. The new state
of Madhya Pradesh was constituted under
S.9 thereof. Subsection (1) of Section 49 of
the States Re-organization Act ordained
that from the appointed day i.e., 1st of
November 1956, the High Court exercising jurisdiction, in relation to
the existing state of Madhya Pradesh, i.e. Nagpur High Court, shall be deemed
to be the High Court for the present
state of Madhya Pradesh. Thus Nagpur High Court was
not abolished but by a legal fiction it became High
Court for the new state of Madhya Pradesh with its seat at Jabalpur.
Hon'ble the Chief Justice, vide order dated 1st of November 1956
constituted temporary benches of the High Court
of Madhya Pradesh at Indore and
Gwalior. Later, by a
Presidential Notification Dt. 28th of
November 1968, issued in the exercise of the powers conferred by the Subsection (2) of
section 51 of the States Reorganization Act, 1956,
permanent benches of the High Court of Madhya Pradesh
at Indore and Gwalior were established.
|