INTRODUCTION
The High
Courts are the principal civil courts of original jurisdiction in the
state, and can try all offences including those punishable with death. Tthe
work of most High Courts consists of Appeals from lowers courts and writ
petitions in terms of Article 226 of the Constitution of India.
BRIEF HISTORY
A cluster of
Princely States with an oasis known as Ajmer-Merwara, a British India
Territory, was given geographical expression as Rajputana. These Twenty and odd
Rajputana States before 20th Century AD were dynastic and the Rulers
also known as Princes were the fountain head of all Executive, Legislative and
Judicial Authority in the States, In every state there were Jagirdars also and
in some they were known as Kotri Thikanas. Except few benevolent rulers in some
states the most of them represented the despots of princes and their orders.
People had no hand in administration and there were no democratic institutions.
People awaited day of their liberation from feudal clutches and peasants,
workers and women, their emancipation. As soon as the country got free dom from
British Imperialism, to make the history of these Princely States, the history
of the past, the most dynamic and powerful Home Minister
of India Sardar Vallabh Bhai
Patel started the process of integration of the
States to form bigger units and this process in Rajputana started in March,
1948.
A
greater Rajasthan was formed when Jaipur, Jodhpur, Bikaner and Jaisalmer also
joined the United States of Rajasthan. Maharana Udaipur was made Maharaj
Pramukh with Sawai Man Singh of Jaipur as Raj
Pramukh. This new State of Rajasthan was inaugurated by Sardar Patel
on 30/3/1949 at Jaipur but it actually came into existence on 7/4/1949. Despite
this inauguration, the High Court was no formally established simultaneously
and existing arrangements at these newly joined States continued. The process
of integration of all states was completed only when Matsya union also merged
on 15.5.1949. The First High Court of
Rajasthan was inaugurated by H.H. Maharaja Sawai
Man Singh Ji of Jaipur at Jodhpur on 29.8.1949.
Hon’ble Chief Justice Kamala Kant Verma and 11 other judges were
administered the oath of office by Maharaja Sawai Man Singh of Jaipur at
Jodhpur High Court premises on 29.8.1949. These 11 judges represented virtually
most of the Princely States, except Hon’ble Chief Justice Kamala Kant Verma,
who came from Allahabad. Hon’ble Mr. Justice Naval Kishore, and Hon’ble Mr.
Justice Amer Singh of Jasol were from Jodhpur, Hon’ble Mr. Justice K.L. Bapna,
and Hon’ble Mr. Justice Ibrahim were from Jaipur, Hon’ble Mr. Justice J.S.
Ranawat and Hon’ble Mr. Justice Shardul Singh Mehta were from Udaipur, Hon’ble
Mr. Justice DS Dave was from Bundi, Hon’ble Mr. Justice Tirlochan Dutt was from
Bikaner, Hon’ble Mr. Justice Anand Narain Kaul was from Alwar, Hon’ble Mr.
Justice K.K. Sharma was from Bharatpur, Hon’ble Mr. Justice Khem Chand Gupta
was from Kota. The Principal Seat of High Court was kept at Jodhpur and the
Benches at Kota, Jaipur and Udaipur.
The
Constitution of India came into force on 26.1.1950 and the State of Rajasthan
therein was given the status of ‘B’ Class State. The strength of the High Court
Judges was also reduced and it was also essential that the Judges must confirm
to the eligibility provided under the Constitution of India. The result was
that Hon’ble Chief Justice Verma could not be continued and had to laid down
his office since he had completed the age of 60 years. In the vacancy caused by
retirement of Hon’ble Mr. Justice Naval Kishore and Justice Ibrahim, two eminent
lawyers Viz. Indra Nath Modi from Jodhpur, and Shri D.M. Bhandari from Jaipur
were elevated to the Bench.
In
1956 State Re-organisation Act was passed. Consequent upon the recommendation
of State Re-organisation Commission, the Union Territory of Ajmer Merwara which
had the Status of Part ‘C’ States, Abu, Sunel and Tappa areas merged into the
State of Rajasthan and the Reorganised Unit is the Rajasthan of today which was
given the status of ‘A’ Class State, on 1st November, 1956.
The
Rajasthan High Court as ‘A’ Class State, started with the strength of only 6
judges. For scrutinising as to whether the standard of working of all the
Judges of the Rajasthan High Court as part ‘B’ State was as high as that of the
Judges of the part ‘A’ State, the then Chief Justice of India, Hon’ble Mr.
Justice S.R. Das came to Rajasthan. He observed that functioning of the High
Court by sitting with the Hon'’le Judges in the Court and found that all the 6
Judges were fit to be appointed and on his recommendation, the President of
India, issued fresh warrnats of appointment and once again the Oath taking
ceremony took place on 1st Nov., 1956. Four Judges Viz. Justice
Bapna, Justice Ranawat, Justice Sharma and Justice Bhandari used to sit in the
Jaipur Bench, while Justice Dave and Justice Modi used to sit at Jodhpur, Chief
Justice Wanchoo sitting at both places.
The
Bench at Jaipur was initially abolished in the year 1958, however was again
established with effect from 31.1.1977. The strength of the High Court, since
thereafter went on increasing which has now become to 32 Judges.
So
far as lower Judiciary is concerned, presently, the State is bifurcated into 33
Judgships. There are 33 courts of District & Sessions Judges and 108 Courts
of Additional District & Sessions Judges, 697 Judicial officers are working
on the posts of Civil Judge (Senior Division) – cum – Chief Judicial
Magistrate, Additional Civil Judge (Sr. Division)-cum-Additional Chief Judicial
Magistrate and Civil Judge (Junior Division)-cum-Judicial Magistrate.