The present state of Madhya Pradesh, as is well known, was originally created as the Central Province on 02/11/1861 as a Judicial Commission’s territory and was administered by the Judicial Commissioner. The Judicial Commissioner’s court at Nagpur was, at that time, the highest court of the territory. It was converted into a Governor’s province in 1921 when it became entitled to a full-fledged High Court for the administration of justice. Financial and administrative difficulties, however, resulted in the denial of a High Court for about 15 years to the Central Provinces. Meanwhile, Berar, a part of Nizam’s state of Hyderabad, was transferred in 1933 to the Central Province for administration. This gave the state its new name, “Central Provinces & Berar.”
Thereafter, by virtue of Letters Patent dated 2nd of January 1936, issued under Section 108 of the Government of India Act, 1915, by King Emperor George the Fifth, the Nagpur High Court was established for the Central Provinces & Berar. This Letters Patent, under which the Nagpur High Court was constituted and invested with jurisdiction, continued in force even after the adoption of the Constitution of India on 26th of January 1950 by virtue of Articles 225 and 372 thereof.
On 1st of November 1956, the States Reorganization Act was enacted. The new state of Madhya Pradesh was constituted under Section 9 thereof. Subsection (1) of Section 49 of the States Reorganization Act ordained that from the appointed day, i.e., 1st of November 1956, the High Court exercising jurisdiction in relation to the existing state of Madhya Pradesh, i.e., Nagpur High Court, shall be deemed to be the High Court for the present state of Madhya Pradesh.
Thus, the Nagpur High Court was not abolished but, by legal fiction, it became the High Court for the new state of Madhya Pradesh with its seat at Jabalpur. Hon’ble the Chief Justice, vide order dated 1st of November 1956, constituted temporary benches of the High Court of Madhya Pradesh at Indore and Gwalior. Later, by a Presidential Notification dated 28th of November 1968, issued in the exercise of the powers conferred by Subsection (2) of Section 51 of the States Reorganization Act, 1956, permanent benches of the High Court of Madhya Pradesh at Indore and Gwalior were established.
This state of affairs continued until 1st of November 2000, when the state of Chhattisgarh was carved out of the existing state of Madhya Pradesh by virtue of the provisions of the Madhya Pradesh Reorganization Act, 2000, and the High Court of Chhattisgarh was established for that state with its seat at Bilaspur. The High Court of Madhya Pradesh at Jabalpur then became the High Court for the successor state of Madhya Pradesh.
Source: https://ecommitteesci.gov.in/
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