Legal Consciousness as Viewed through the Judicial Iconography of the Madras High Court, Rahela Khorakiwala

The Madras High Court was constructed in India during the British colonial era, and the court building has been used until the present day. As Rahela Khorakiwala describes, the court was built on consecrated grounds that used to host two temples, which were destroyed in a fire.

To understand how the Madras High Court reflects the recurring historical tension between British and Indian ideas of justice, it is imperative to recall the origin of the legal system itself in colonial India and how in particular the

²75 architecture and iconography of the high court building thus established reinforce the ambivalent legal consciousness of the court personnel that utilize this space.

Beginning in the 1600s, colonial courts of law were established in Madras. Over the centuries, the system of law and courts evolved, culminating in the establishment of the Madras High Court as a separate entity in 1862. Tracing the history of law courts from the 1600s reveals the creation of judicial systems through the East India Company. While the East India Company's original motivations were related to trade, its emergence as a political power soon made the administration of justice central to their concerns. They did this by establishing judicial institutions in a centralized manner across all their territories.

Political events of 1857 triggered changes in the functioning and power structure of the East India Company, and the government of England assumed direct rule over the territory of British India. One of the major changes was the introduction of The Indian High Courts Act, 1861 that was passed on 6 August 1861. This act empowered the Queen of England to issue a Letters Patent that established the Madras High Court, along with high courts in Calcutta and Bombay. Once the Letters Patent was brought into effect, the existing courts in the presidency town of Madras were abolished. All the existing powers and jurisdiction of these courts were transferred to the high court thus established.

With India's independence in August 1947 and the adoption of the Constitution of India on 26 January 1950, the Supreme Court of India was established, which superseded the authority of all the high courts, including the Madras High Court. The jurisdiction of the Madras High Court was also redefined at this time. This jurisdiction has evolved and changed over time, with the regional, political, and administrative boundaries being altered in independent India since 1950.

While the Madras High Court officially commenced its work on 15 August 1862, it moved to its present building only in 1892. The construction of a separate building specifically for the high court was authorized after the issuance of the Letters Patent. The new building was opened with much pomp and grandeur, and a majestic ceremony was held to establish the high court as the epitome of justice in the Madras area. This occurred on 12 July 1892, almost 30 years after the commencement of work in the Madras High Court.

Before construction of the present building of the Madras High Court commenced, it was necessary first to find an appropriate location.

However, the high court is still associated with being built on consecrated grounds. As Justice V. Ramasubramanian writes in his article on the history of the high court, “The destruction of the temple of God paved way for the construction of the temple of justice.” Many authors, judges, and advocates of the Madras High Court are of the opinion that “The edifice of justice thus rests on consecrated ground.” Senior advocate T.R. Mani recollects that, up until 50 years ago, prasadams from these temples would be brought to the Madras High Court to “facilitate the witnesses who took the solemn oath in the name of God.” He further notes that this practice has since been discontinued. Senior advocate N.L. Rajah also narrated the story of priests from these temples who would use the water from the River Ganga and tulsi leaves to facilitate the oath-taking in court. He also pointed out that this practice was stopped once the Gita and Quran were accepted for oath­taking. While this practice was in place, Rajah stated, there was still a connection between the high court and the temples. Rajah's narrative suggests a strong relation between law and sacrality, and history and memory in everyday forms of memorialization. The example of this memory of history reflects on how legal culture is developed within a set of individuals in particular localities, in this case, the personnel of the Madras High Court. The relationship between legal consciousness and society is constituted by the persistence of a narrative that deifies the court and gives it reason to be referred to as a “temple of justice.”

The belief that the court was built on holy ground led to the practice of using artefacts from the temples within the court precincts. The mix of the secular court, as designated by the Constitution of India, with these religious traditions then becomes a reproduction of the legal consciousness of the court personnel in transferring their ideas of the court into their everyday practices.

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