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All About Gauhati High Court

  • Contact –

Address The Gauhati High Court Mahatma Gandhi Road Guwahati – 781001, Assam, India.

E-mail: [email protected], [email protected]

  • Contact Numbers

EPABX: 2600008, 2731245, 2735869, 2731264, 2637179, 2734439, 2734441 (STD Code 0361)

FAX: (0361) 2735863, 2735867,2732541, 2734346, 2733439

Article 214 of the Constitution of India reads as follows:

” 214. High Courts for States:- There shall be a High Court for each State. “

The High Court is a Constitutional Court in terms of Article 215. It is a Court of record and has all the powers of such Court including the power to punish for Contempt of itself and for Contempt of Courts Subordinate to it. Every High Court consist of a Chief Justice and such other Judges as the President of India from time to time deem it necessary.

At present, the sanctioned Judge strength of the Gauhati High Court is 24 including the Hon’ble Chief Justice and 6 Additional Judges. Every Judge including the Chief Justice is appointed by the President of India by warrant under his hand and seal. Every permanent Judge continues in office until he attains the age of 62 years. The Additional Judges are appointed for a period not exceeding two years taking into account the temporary increase in the business or arrears of work of the High Court. Such Judges shall also not hold office after attaining the age of 62 years.

The High Court has original, appellate as well as revisional jurisdiction in both Civil well as Criminal matters apart from the power to answer references under certain statures. The Gauhati High Court transacts its business during its working days from 10.30 AM to 1.15 PM during the 1st Session and from 2.00 PM to 4.15 PM in the 2nd Session. The Hon’ble the Chief Justice of the Gauhati High Court constitutes the Single, Division, and Full Benches, and a daily cause list showing the cases listed before the Benches is notified by the Registry of the High Court.

Inauguration of High Court

Sir Harilal Kania, the then Chief Justice of India came to preside over the inauguration of the High Court at the invitation of His Excellency the Governor of Assam Sir Akbar Hydari and the Premier of the Province Late Gopinath BardoloiSir R.F. Lodge was sworn in as the first Chief Justice of Assam High Court on 5th April 1948. The Assam High Court initially had its sittings at Shillong but shifted to Gauhati from 14th August 1948. Later on, the Assam High Court came to be known as the High Court of Assam and Nagaland on the constitution of State of Nagaland with effect from 1st December 1963. On the reorganization of the North-Eastern region by the North Eastern Area (Re-organization) Act, 1971, a common High Court was established for the five North-Eastern States (Assam, Nagaland, Manipur, Meghalaya, and Tripura ) and the two Union Territories ( Union Territory of Mizoram and the Union Territory of Arunachal Pradesh) and called as the Gauhati High Court.

Common High Court for the State of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh

With the enactment of the State of Mizoram Act, 1986 ( Act 34 of 1986 ) and the State of Arunachal Pradesh Act, 1986 ( Act 69 of 1986), the State of Mizoram and Arunachal Pradesh attained statehood on 20.2.1987. By the State of Mizoram Act, 1986, from the appointed day, the common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, and Mizoram called the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, and Mizoram came into being. Under the State of Arunachal Pradesh Act, 1986, from the appointed day, ie, 20.2.1987, a common High Court for the State of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram, and Arunachal Pradesh came into being.

The Principal Seat of the Gauhati High Court is at Guwahati, Assam. Apart from the Principal Seat, the High Court has 3 (three) outlying Benches, viz, Kohima Bench for the State of Nagaland (established on 1.12.1972), Aizawl Bench for the State of Mizoram (established on 5.7.90), and Itanagar Bench for the State of Arunachal Pradesh (established on 12.8.2000). The Gauhati High Court occupied a unique position of being a common High Court of seven States of North East India, till 23.03.2013, the date of the functioning of separate High Courts in Meghalaya, Manipur, and Tripura.

The Ethnic Angle

The Gauhati High Court administers Justice in an area having enormous variations. Geographically, it is an assortment of hills and valleys. Ethnically, it is an extraordinary mosaic. The legal and judicial scenario is more varied. Divergent laws govern the people of the region. The indigenous inhabitants of the hill areas are primarily adapted to the conciliatory process rather than the adversary system. Some of the customary practices for settlement of disputes practiced in this area are not only expeditious and lasting but far more efficacious than the system followed in the supposedly advanced areas. The laws applicable to different areas may vary, but the entire area is administered by a common High Court. The High Court is a unique one, whereby a single institution exercises jurisdiction throughout the entire North East region. When the Constitution of India came into force under the provisions of the Sixth Schedule to the Constitution, District Council Courts were established in the Tribal Areas and as a result, the jurisdiction of the Assam High Court was extended to the Tribal Area vide Assam High Court (Jurisdiction over District Council Courts) Order 1954.

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