Understanding the Preamble of the Madhya Pradesh High Court Rules, 2008
By Advocate Saumya Singh, High Court of Madhya Pradesh
Preamble:
In exercise of powers conferred by [Article] 225 of the Constitution of India, section 54 of the States Reorganisation Act, 1956, clauses 27 and 28 of the Letters Patent, section 3 of the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005, the High Court of Madhya Pradesh hereby makes the following Rules, regulating practice and procedure of the High Court.
The Preamble of the Madhya Pradesh High Court Rules, 2008 is not just a formal opening—it's a powerful statement defining the legal authority and constitutional foundation under which these rules are framed.
Let me simplify it:
Constitutional Authority (Article 225):
This Article empowers every High Court to continue exercising jurisdiction and powers it held before the Constitution came into force. It allows High Courts to frame rules for smooth court functioning.
States Reorganisation Act, 1956 (Section 54):
This section facilitates continuity and coordination in the administration of justice after states were reorganized in India, which is particularly relevant for a geographically and administratively significant state like Madhya Pradesh.
Clauses 27 & 28 of the Letters Patent:
These are historical provisions that provided for the structure and powers of High Courts during British rule. Though older, they still serve as a foundation for jurisdictional and procedural aspects of High Courts in India.
M.P. Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 (Section 3):
This is a state-specific law that allows for appeals within different benches (Khandpeeth) of the Madhya Pradesh High Court, ensuring access to justice in different regions like Jabalpur, Indore, and Gwalior.
Why Is This Important for You as a Citizen?
These rules directly affect how your case moves in the High Court—how petitions are filed, how appeals are heard, and how justice is delivered efficiently and uniformly. Understanding the source of these powers helps build trust in the judiciary and its procedures.
As an advocate committed to legal awareness, I urge everyone—especially young law aspirants and litigants—to become familiar with these foundational rules. They form the bedrock of procedural fairness in the Madhya Pradesh High Court.
