The High Court of Kerala is the

highest court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

in the

Indian state India is a federal union comprising 28 states and 8 union territories, for a total of 36 subnational entities. The states and union territories are further subdivided into 800 districts and smaller administrative divisions by the respe ...

Kerala Kerala ( , ) is a States and union territories of India, state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile ...

and the

Union territory Among the states and union territories of India, a Union Territory (UT) is a region that is directly governed by the Government of India, central government of India, as opposed to the states, which have their own State governments of India, s ...

Lakshadweep Lakshadweep () is a union territory of India. It is an archipelago of 36 islands divided into three island subgroups: the Amindivi Islands in the north, the Laccadive Islands (separated from Amindivi roughly by the 11th parallel north), and th ...

. It is located in

Kochi Kochi ( , ), List of renamed Indian cities and states#Kerala, formerly known as Cochin ( ), is a major port city along the Malabar Coast of India bordering the Laccadive Sea. It is part of the Ernakulam district, district of Ernakulam in the ...

. Drawing its powers under Article 226 of the

Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...

, the High Court has the power to issue directions, orders and

writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...

s including the writs of ''

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

'', ''

mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...

'', ''

prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...

'', ''

quo warranto In the English-American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ issued by a court which orders someone to show what authority they have for exercising some right, power, or franchise they clai ...

'' and ''

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...

'' for ensuring the enforcement of the

Fundamental Rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original,

appellate In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

s. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction. At present, the sanctioned Judge strength of the High Court of Kerala is 35 Permanent Judges including the Chief Justice and 12 Additional Judges. Depending on the importance and nature of the question to be adjudicated, the judges sit as Single (one judge), Division (two judges), Full (three judges) or such other benches of larger strengths. The

foundation stone A cornerstone (or foundation stone or setting stone) is the first stone set in the construction of a masonry Foundation (engineering), foundation. All other stones will be set in reference to this stone, thus determining the position of the entir ...

for the new multi-storied building now housing the High Court of Kerala was laid on 14 March 1994 by the then

Chief Justice of India The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...

, Justice M. N. Venkatachaliah. The estimated cost of construction was 100 million

Indian rupees The Indian rupee (Currency symbol, symbol: Indian rupee sign, ₹; ISO 4217, code: INR) is the official currency of India. The rupee is subdivided into 100 ''Indian paisa, paise'' (Hindi plural; singular: ''paisa''). The issuance of the currenc ...

. The construction was completed in 2005 at a cost of 850 million Indian rupees. The completed High Court building was inaugurated by the

, Justice Y. K. Sabharwal on 11 February 2006. The new High Court building is equipped with modern amenities like

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air conditioned Air conditioning, often abbreviated as A/C (US) or air con (UK), is the process of removing heat from an enclosed space to achieve a more comfortable interior temperature, and in some cases, also controlling the humidity of internal air. Air c ...

courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...

internet The Internet (or internet) is the Global network, global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a internetworking, network of networks ...

, and facilities for retrieval of order copies and publishing of the case status via the internet. The building is built on of land and has a built-up area of over nine floors. The building has in it a post office, bank, medical clinic, library, canteens and such other most needed utilities and services. The High Court of Kerala has moved to its new building from the date of its inauguration, from the adjacent palace, where it had been functioning.

History of judicial system in the State of Kerala

KHCAA Golden Jubilee Chamber Complex DSW

Ernakulam District Court Complex by Augustus Binu

Heritage Building of Ernakulam District Court by Augustus Binu

The present State of

is result of integrating the erstwhile princely kingdoms of

Travancore The kingdom of Travancore (), also known as the kingdom of Thiruvithamkoor () or later as Travancore State, was a kingdom that lasted from until 1949. It was ruled by the Travancore Royal Family from Padmanabhapuram, and later Thiruvanan ...

and

Cochin Kochi ( , ), formerly known as Cochin ( ), is a major port city along the Malabar Coast of India bordering the Laccadive Sea. It is part of the district of Ernakulam in the state of Kerala. The city is also commonly referred to as Ernaku ...

with

Malabar district Malabar District, also known as British Malabar or simply Malabar was an administrative district on the southwestern Malabar Coast of Bombay Presidency (1792–1800), Madras Presidency (1800–1950) and finally, Madras State (1950–1956) in ...

and

Kasaragod Kasaragod () is a municipal town and the administrative headquarters of the Kasaragod district in the state of Kerala, India. Established in 1966, Kasaragod was the first municipal town in the district. It is the northernmost district of Kera ...

. The present judicial system in Kerala has its roots dating back to the days of the monarchs of the Kingdoms of Travancore and Cochin.

Early Reforms in the Kingdom of Travancore

In 1799, the Kingdom of Travancore became a vassal state of the

British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...

. British diplomats encouraged judicial reform as they became involved in the political affairs of Travancore. In 1811, following the 1808 insurrection against British Cochin and

Quilon Kollam (;), is an ancient seaport and the fourth largest city in the Indian state of Kerala. Located on the southern tip of the Malabar Coast of the Arabian Sea, the city is on the banks of Ashtamudi Lake and is 71 kilometers (44 mi) nort ...

, Colonel John Munro succeeded Colonel Macaulay as the Resident in Travancore with supervision over the Kingdom of Cochin. Following an investigation into the rampant lawlessness and the abuse of the system, Colonel Munro surveyed the region with his assistant Captain Blacker and established reforms including courts, pensions, and construction of roads, bridges and schools. He functioned as the Diwan until February 1818 when he handed over the reins to Nanjappayya of

Coimbatore Coimbatore (Tamil: kōyamputtūr, ), also known as Kovai (), is one of the major Metropolitan cities of India, metropolitan cities in the States and union territories of India, Indian state of Tamil Nadu. It is located on the banks of the Noyy ...

. Thus it was Colonel Munro who laid the foundations for a systematic legal system, resulting in the present day scenario. Until his time, there were no independent tribunals for the administration of justice.

Judicial system in the Kingdom of Travancore

In the Kingdom of Travancore, Munro recommended necessary regulations to be passed for the reorganisation of the Courts. These recommendations were accepted by the then king and a Regulation in tune to his recommendations was passed in 1811. Zilla Courts and a Huzur Court were established in the Kingdom of Travancore, in the years 1811 and 1814 respectively. Munro established five zilla (District) courts in A.D 1811 at Padmanabhapuram,

Thiruvananthapuram Thiruvananthapuram ( ), also known as Trivandrum, is the Capital city, capital city of the Indian state of Kerala. As of 2011, the Thiruvananthapuram Municipal Corporation had a population of 957,730 over an area of 214.86 sq. km, making it the ...

, Mavelikkara,

Vaikom Vaikom () is a Municipalities of Kerala, municipality in the Kottayam district of Kerala. It is located north of the district headquarters in Kottayam and about north of the state capital of Thiruvananthapuram. As per the 2011 Indian census, V ...

and

Aluva Aluva () is a Municipalities of Kerala, municipality and a northern suburb of the city of Kochi in Kerala. It is located about north of the city centre. Aluva is known for the Aluva Sivarathri festival, Sivarathri festival, which is celebra ...

. Huzur Court, which functioned as the final appellate Court was later replaced by Sadar Court in 1861. Sadar Court, which possessed almost all the powers of the present High Court of Kerala, continued functioning until 1881. Later in 1887, the High Court of Travancore was established with bench strength of five judges. One among the five judges was appointed as the Chief Justice. The judges had the assistance of a Pundit, who acted as an

amicus curiae An amicus curiae (; ) is an individual or organization that is not a Party (law), party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Wheth ...

to advise them on the various points of

Hindu law Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...

. Ramachandra Iyer was appointed as the first Chief Justice.

Judicial system in the Kingdom of Cochin

In the

Kingdom of Cochin The kingdom of Cochin or the Cochin State, named after its capital in the city of Kochi (Cochin), was a kingdom in the central part of present-day Kerala state. It originated in the early part of the 12th century and continued to rule until i ...

, Desavazhis and Naduvazhis were empowered to settle the disputes following the prevailing customary law. More serious matters used to be attended by the monarch himself. In 1812, for the first time in its history, graded law courts were established under the Diwanship of Colonel Munro, in the Kingdom of Cochin. The first Subordinate Courts (Sub Courts) were established by Colonel Munro at Trichur (Thrissur) and

Tripunithura Thrippunithura or Tripunithura (Malayalam:തൃപ്പൂണിത്തുറ) is a prominent historical and residential region in the city of Kochi in Kerala, India. Located about 7 km (4 mi) from the city centre, Tripunithura wa ...

. Until 1835, Huzur Court was the final appellate Court. Huzur Court had a bench strength of three judges. Later the Huzur Court was reconstituted as Rajah's Court of Appeal and Subordinate Courts were reconstituted as Zilla Courts. The Zilla Courts were empowered with unlimited jurisdiction, but subject to the confirmation from the Rajah's Court of Appeal. The Rajah's Court of Appeal was reconstituted as the Chief Court of Cochin in 1900. The Chief Court of Cochin had three permanent judges one of whom acted as the Chief Judge. Mr. S. Locke was appointed as the first Chief Judge. Later the Chief Court of Cochin was reconstituted as the High Court, during the Diwanship of Sri Shanmukham Chettiyar.

After the integration of Travancore and Cochin kingdoms

After India gained her

independence Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of ...

on 15 August 1947, the Kingdoms of Travancore and Cochin were integrated to form the Travancore-Cochin State or Thiru-Kochi on 1 July 1949. Later, the High Court of Travancore-Cochin was established at

on 7 July 1949 under the Travancore-Cochin High Court Act (1949). Mr. Puthupally Krishna Pillai was the last Chief Justice of High Court of Travancore-Cochin.

Establishment of High Court of Kerala

On 1 November 1956, the

States Reorganisation Act The States Reorganisation Act, 1956 was a major reform of the boundaries of India's States and union territories of India, states and territories, organising them along linguistic lines. Although additional changes to India's state boundaries ...

, 1956 was passed thereby integrating the State of Travancore-Cochin with

and

to form the present State of Kerala. The High Court of Kerala, as it is today was established on 1 November 1956 as the High Court designated for the State of Kerala. The Kerala High Court Act, 1958 defined the jurisdiction and various functions, and powers of the High Court of Kerala. Initially, many cases from both the Travancore-Cochin High Court and the High Court of Madras were transferred to the High Court of Kerala for adjudication. Justice K. T. Koshi was appointed as the first Chief Justice of High Court of Kerala.

Judges

The current sitting judges of the court are as follows:

Former Chief Justices

Controversy

The High Court of Kerala building in

had not assigned Number 13 to any of its

s due to

triskaidekaphobia Triskaidekaphobia ( , ; ) is fear or avoidance of the number . It is also a reason for the fear of Friday the 13th, called ''paraskevidekatriaphobia'' () or ''friggatriskaidekaphobia'' ( and ). The term was used as early as in 1910 by Isador ...

. This created a controversy in Kerala as the state prides itself on being the most literate in India. A petitioner questioned this in Kerala High Court itself whether it was due to superstitious beliefs, as the room numbering skipped from 12 to 14. After hearing this petition, the High Court not only dismissed it, but imposed a

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of on the petitioner. Later, the

Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...

over-ruled the High Court's decision admonishing the encouragement of superstitions saying that "The High Court is an institution. It should not be allowed to encourage this sort of superstitions".

Kerala Legislative Assembly The Kerala Legislative Assembly, popularly known as the Kerala Niyamasabha, is the State Assembly of Kerala, one of the 30 states in India. The Assembly is formed by 140 elected representatives. Each elected member represents one of the 140 ...

passed resolution for setting up a high court bench at

, capital city of

. The Union Government and the Supreme Court are favourable in sanctioning more high court benches in country, and had already sanctioned many in other states. However, a new high court bench at Thiruvananthapuram is still pending, due to opposition by some in the high court at Kochi. The opposition is based on the rationale that when the United State of Travancore-Cochin (the forerunner to the State of Kerala) was created, it was agreed that its capital would be

's capital Thiruvananthapuram, where the legislature and the executive would be based, but that the judiciary would be based in Kochi,

's capital.