The 'Judges in the English Department'
By Sri K. P. Mathur
Retired Judge, High Court of Judicature at Allahabad
The Judge, incharge of the executive and administrative business of the High Court and the courts subordinate thereto is designated as the ‘Judge in Administrative Department’. This designation was adopted after the amalgamation of the Chief Court of Avadh with the High Court of Allahabad in 1948. Before that, such a Judge was known as the ‘Judge in the English Department’. Before amalgamation, the meeting, at which the executive and administrative business of the Court was transacted, was known as the English Meeting, and all the Judges present in Court on the day of the meeting used to attend it. The term ‘English Meeting’ appears to have been adopted for the reason that the executive business of the Court mainly consisted of dealing with English correspondence and issuing of orders and circulars in English for the direction of subordinate courts.
After amalgamation it was considered that it would not be convenient for the Judges at Lucknow to attend such meetings. Another reason, I think, was that the number of Judges had greatly increased. Consequently the Chief Justice constituted a Committee of seven Judges to transact the executive and administrative business of the Court and designated it as the Administrative Committee. Whenever a meeting of all the Judges is called, it is known as the Judges’ Meeting.
Originally, when the number of Judges of the Court was small, no one Judge was incharge of the executive and administrative business of the Court and the papers relating to such business used to be circulated amongst all the Judges. It was in 1880 that Mr. Justice Robert Spankie made a suggestion that one Judge may be placed incharge of the executive and administrative business of the court. In his note, dated 22nd January, 1880 he pointed out that ‘a number of letters and applications were circulated daily amongst all the Judges regarding which even one member of the Court could pass satisfactory orders and thereby dispose of them without injury to public service or prejudice to the Court’. He suggested that the English correspondence before circulation to all the Judges should be laid before an English Business Committee of the Court and the Committee might dispose of the ordinary matters without reference to other members of the Court and should circulate only those matters on which opinion of all the Judges appeared to be desirable. It was further suggested that the Committee might consist of two Judges. This note was circulated to all the Judges of the Court for opinion. Mr. Justice Douglas Straight gave the opinion that there was much force in the suggestion made in the note and desired the matter to be discussed at an English Meeting called for the purpose. Other Judges also agreed with the opinion of Mr. Justice Douglas Straight. Sir Robert Stuart, Chief Justice, agreed that the question may be discussed at an English Meeting but added that the proposed arrangement might not work well.
In the High Court office the earliest recorded minutes of an English Meeting that are available are of the meeting that was held on 6th May, 1886 (Minutes of the English Meeting, Vol. I, p. I). Consequently it could not be said with certainty whether any meeting was called for purposes of considering Mr. Justice Spankie’s note and if so, when and what decisions were taken thereon. A note, dated 30th August, 1887 of Mr. Thomson, the then Registrar, however, throws some light on the subject. Mr. Thomson mentions in his note that at the time when he came to the Court (he was appointed Registrar on 2nd June, 1884) Mr. Justice Oldfield was incharge of the English business. At another place in the same note Mr. Thomson says that ‘there does not seem to have been any regular resolution recorded at the time when the present system of disposing of English business was in 1880 substituted for the former practice in which all papers were circulated to all the Judges’. It is thus clear that it was in 1880 that the system of placing one Judge incharge of the executive and administrative business of the Court (which was at that time known as English business) was introduced. Although there is no formal resolution to that effect, it can be safely assumed that a meeting must have been called for the purpose of discussing Mr. Justice Spankie’s note, and there it was decided to give the proposal of Mr. Justice Spankie a trial without formally adopting it in the form of a resolution. This position is further confirmed by a minute, dated 11th August, 1887 recorded by Mr. Justice Mahmood wherein he observed that ‘the view expressed by Mr. Justice Spankie in his minute of 22nd January, 1880 suggesting a committee of two Judges has never been the subject of consideration by the whole Court, and there is, therefore, no delegation of authority by the Court to any one or more of its members for disposal of what is technically called "English business" and there is, therefore, no specification of the powers of one of the members of the court to dispose of such business on behalf of the whole Court without consulting the other members of the Court. ’
These notes make it clear that the first Judge in the English Department was Mr. Justice Oldfield. He was placed incharge of executive and administrative business of the Court in February or March, 1880. No formal resolution was recorded at a meeting of the Judges (English Meeting) with regard to his appointment. Probably he was placed incharge of the administrative business by way of giving trial to the proposal contained in Mr. Justice Spankie’s note.
Mr. Justice Oldfield retired in 1887 and after that Mr. Justice Tyrell was made incharge of the English business of the Court as will appear from an entry, dated 27th October, 1887 over the signatures of Sir Robert Stuart (Chief Justice), Mr. Justice Douglas Straight and Mr. Justice Brodhurst. That entry is to the following effect:
'We shall be obliged if Mr. Justice Tyrell will, so far as we are concerned, conduct the English business of the High Court according to the practice now and for some years past observed. By the English business we mean all correspondence in English language addressed to the Registrar and all returns and statements not being returns to precepts or judicial orders, or explanations called for by particular Judges or Benches- or references under any statute or Act or correspondence in which the opinions of all the Judges are specifically required or periodical Sessions Statements or other work assigned to any particular Judge. ’
In the entry an attempt was also made to define the term ‘English business of the Court’. We thus see that after Mr. Justice Oldfield the Judge who was placed incharge of the English business of the Court was Mr. Justice Tyrell.
After the above entry in the minutes of 27th October, 1887 Mr. Justice mahmood wrote out another lengthy minute, dated 28th November, 1887 pointing out that the discussion at the English Meeting of 27th October, 1887 resulting in a resolution whereby the learned Chief Justice, Mr. Justice Straight and Mr. Justice Brodhurst had concurred in delegating their power as to what was called English business to Mr. Justice Tyrell and who was understood to have accepted such delegated authority, was not discussed or framed as a Rule of court but was simply an expression of personal desire and of personal delegation of authority on the part of the Chief Justice, Mr. Justice Straight and Mr. Justice Brodhurst. Mr. Justice Mahmood emphasized that the resolution was, therefore, not binding on him. Upon this, the Chief Justice ordered that the minute of Mr. Justice Mahmood was to be considered at the next English Meeting to be held on 3rd December, 1887. The Chief Justice also wrote out a note, dated 2nd December, 1887, in which he pointed out that it was his desire that there should be no cause for friction and the work of the Court should be done expeditiously and without wasting judicial strength and time upon other matters which, in other offices, are disposed of by subordinates. He further ordered in his note that until Mr. Justice Mahmood otherwise directed the Registrar in writing, all the English business of the Court was also to be submitted to him for consideration and orders, and that Mr. Justice Mahmood would take care that the transaction of the English business might not be delayed or the correspondence be allowed to fall into arrears. It was further mentioned in the note that all other Judges have agreed that the English business would be conducted in accordance with the practice of the court and in accordance with the request contained in the entry of 27th October, 1887 in the minutes over the signatures of the Chief Justice, Mr. Justice Straight and Mr. Justice Brodhurst. At the meeting which was held on 3rd December, 1887 the minute of Mr. Justice Mahmood and the note of the Chief Justice were considered. Except Mr. Justice Mahmood, all other Judges fully approved and accepted the note of the Chief Justice. Mr. Justice Mahmood adhered to his own views that the English business should be referred to all the Judges. He, however, accepted the arrangement ordered by the Chief Justice in his note.
We thus see that from 27th October, 1887 Mr. Justice Tyrell was incharge of the English business of the Court but such business was also referred to Mr. Justice Mahmood for opinion and orders.
The High Court was established by the Letters Patent of 1866. The earliest published Rules of Court are the ‘Circular Orders and Circular Letters of the High Court of Judicature, North-Western Provinces, 1866-75. ’ The next publication of these Rules is of the year 1880. Thereafter, Rules of Court were published in 1882, 1889, 1894 and 1898. The last revision of the Rules was made in 1952. In the Rules, which were published uptil 1882, there is no mention of the Judge in the English Department or of the English business of the Court. One of the objections in the minute of Mr. Justice Mahmood was that the resolution of 27th October 1887 delegating the power to Mr. Justice Tyrell to conduct the English business of the Court was neither discussed nor framed as a Rule of the court. For the first time, the provision for the appointment of a Judge in the English department and the manner in which such appointment was to be made was made in the Rules of Court of 1889. Rules 258 to 271 contain the provisions relating to the executive and administrative business of the Court, the Judge in the English Department and the English Meeting.
The first English Meeting that was held after the promulgation of these Rules was on 3rd January, 1890. At that meeting, Mr. Justice Tyrell was elected to act as Judge in the English Department under rule 259. Mr. Justice Tyrell retired in November 1894. But there is a resolution dated 2nd may, 1891 on page 66 of Vol. II of the minutes of the English Meeting, appointing Mr. Justice Knox to be the Judge in the English Department. We thus see that Mr. Justice Knox assumed charge of the English Department in May, 1891. Although Mr. Justice Knox retired on 17th January, 1921, it was in the year 1920 that he expressed a strong desire to be relieved of the work of the Judge in the English Department. Consequently, by a resolution passed at the English Meeting of 16th July, 1920 it was unanimously resolved that the resignation of Mr. Justice Knox be accepted and that Mr. Justice W. Tudball be appointed in his stead (vide minutes of the English Meeting, page 305, Vol. V). Thus Mr. Justice Tudball assumed charge of the English Department from 16th July, 1920. He resigned the post of the Judge in the English Department on 5th March, 1921 and on the same date, by a resolution passed at the English Meeting, Mr. Justice Lindsay was unanimously elected in his stead (vide minutes of the English Meeting, Vol. V, p. 339).
No paper is available to indicate the date uptil which Mr. Justice Lindsay worked as Judge in the English Department. There is, however, a resolution of the English Meeting of 21st December 1922 which shows that Mr. Justice Daniels was elected as successor to Mr. Justice Stuart as Judge in the English Department during Mr. Justice Stuart’s absence at Ambala to settle the Patiala Nabha dispute. This shows that Mr. Justice Stuart was working as Judge in the English Department since before December 1922. He was appointed a permanent Judge of the Court in October, 1922. We can, therefore, take it that he was made a Judge in the English Department about November, 1922. Thus, the period of Mr. Justice Lindsay as Judge in the English Department would be from March, 1921 to November 1922.
Mr. Justice Stuart was Judge in the English Department from November 1922 to 21st December 1922. Mr. Justice Daniels was elected as Judge in the English Department on 21st December 1922. He worked in that capacity till June, 1923 when Mr. Justice Stuart returned form special duty. Thus, from July 1923 Mr. Justice Stuart again became Judge in the English Department and remained so till 19th October 1925 9vide marginal note in the personal file of Mr. Justice Daniels). From 19th October 1925 Mr. Justice Daniels again took charge of the work of the Judge in the English Department and continued in that capacity up to 18th October 1926 when he proceeded on long leave. On 18th October 1926 Mr. Justice Dalal was appointed Judge in the English Department as a result of the resolution of the English Meeting. Mr. Justice Dalal occupied that post till April 1930 when he resigned. By a resolution, dated 4th April 1930 Mr. Justice Kendall was appointed Judge in the English Department and he continued upto 9th may 1935. On 10th May 1936 he died as a result of car accident. Then, by a resolution date 20th July 1935, Mr. Justice Bennet was elected to act as Judge in the English Department. He worked in that capacity upto July, 1940 when he proceeded on leave preparatory to retirement. After that Mr. Justice Allsop was appointed Judge in the English Department from July 1940 and he continued to hold that post upto January 1, 1947.
By an unanimous resolution dated 20the January 1947, Mr. Justice B. Malik was appointed to act as Judge in the English Department. He continued to work as such till 16th December 1947. By a resolution dated 16the December 1947 Mr. Justice Raghubar Dayal was unanimously elected to act as Judge in the English Department. Early in the year 1949 he expressed his unwillingness to continue to work in that capacity. Thereupon Mr. Justice Wanchoo was appointed as Judge in the Administrative Department from February 26, 1949. He worked in that capacity until 23rd December 1950 when he was translated as Chief Justice of the Rajasthan High Court. By a resolution, dated 23rd December 1950 at a Judges’ Meeting, it was unanimously resolved that Mr Justice Harish Chandra be appointed as Administrative judge. He continued to work as such till his retirement on September 14, 1954. By a resolution, dated September 14, 1954, Mr. Justice M. C. Desai was unanimously elected as Administrative Judge, who continued to work in that capacity till February 1958. Thereafter Mr. Justice Vashishtha Bhargava was elevated to act as Judge in the Administrative Department and he continued to work as such till November 12, 1964 when by a resolution of that date, Mr. Justice Jagdish Sahai was unanimously elected as Administrative Judge.
The list of 18 Judges who have been incharge of the Executive and Administrative business of the Court is as follows:
Hon’ble Sir Richard Oldfield, C. S., from March, 1880 to October 1887.
Hon’ble Mr. Justice William Tyrell, C. S, from October, 1887 to May 1891.
Hon’ble Sir George Edward Knox, I. S. O., ICS, from May 1891 to July 1920.
Hon’ble Sir William Tudball, I.C.S. from July 1920 to March 1921.
Mr. Justice Benjamin Lindsay from March, 1921 to November 1921.
Hon’ble Sir Louis Stuart, C.I.E., I.C.S. from November 1922 to June 1923.
Hon’ble Sir Sidney Reginald Daniels, I.C.S. from December 1922 to June 1923.
Hon’ble Sir Louis Stuart, C.I.E., I.C.S. (again) from July 1923 to October 1924.
Hon’ble Sir Sidney Reginald Daniels, I.C.S. (again) from October 1924 to October 1926.
Hon’ble Sir barjor jamshedjee Dalal, I.C.S., from October 1926 to April 1930.
Hon’ble Sir Charles Henry Bayley Kendall, I.C.S. from April 1930 to May 1935.
Hon’ble Sir Edward bennet from July 1935 to July 1940.
Hon’ble Sir James Joseph Whittlesea Allsop, I.C.S., from July 1940 to January 1947.
Mr. Justice Bidhubhushan Malik from January 1947 to December 1947.
Mr. Justice Raghubar Dayal, I.C.S. from December 1947 to February 1949.
Mr. Justice Kailash Nath Wanchoo, I.C.S. from February 1949 to December 1950.
Mr. Justice Harish Chandra, I.C.S. from December 1950 to September 1954.
Mr. Justice Manulal Chunilal Desai, I.C.S. from September 1954 to February 1958.
Mr. Justice Vashishtha Bhargave, I.C.S. from February, 1958 to November 1964.
Mr. Justice Jagdish Sahai from November, 1964.