Traditionally, Assam had followed her distinctive land and revenue system. This land of numerous races and tribes had its own customs and laws. Assam also had her own law of succession known as Kamrupiya smriti nibandhana, introduced by great Sanskrit scholar Pitambar Siddhanta Bagis. Most of the tribal societies of the province were also governed by their own laws.

After the establishment of British Raj in India, things began to change. Lower courts were established in different districts and for further appeals people had to file cases at the High Court of Judicature situated at Fort William in Calcutta. Besides undivided Bengal, that court?s jurisdiction had extended over Assam, Bihar and Orissa as well. But after 1921, Assam was placed under the jurisdiction of Calcutta High Court.

Assam gained provincial autonomy by the Act of 1935 and immediately thereafter voices were raised demanding a high court in the province. In December 1937, during Maulavi Syed Md Sadullah?s premiership, the Assam Assembly first adopted a resolution for the establishment of a high court in the province. In 1938 the provincial legislature handed over a memorandum for submission to ?His Majesty?s? government requesting for establishing a high court in Assam. Nothing fruitful, however, transpired.

But things underwent a rapid change after Independence. Consequent to the partition of India, Calcutta High Court?s jurisdiction had to be bifurcated. This renewed the demand for establishment of a high court in Guwahati.

The Assam Assembly also gave top priority to this matter. Citing the operation of Section 9 Sub-section 1(I) of the Independence of India Act and Adoption Orders, the Assembly passed a unanimous resolution on September 9, 1947 for the institution of a high court in Assam.

The Government of India passed it and a notification was issued on March 1, 1948 by Governor General Mountbatten in accordance with the India Provisional Constitution (Amendment) Order 1948 (under Section 229 of the Government of India Act 1929). The final order titled the Assam High Court came into force from April 5, 1948, the day Assam High Court was inaugurated.

Justice Harilal Kania, the Chief Justice of the Federal Court of India, attended the inauguration. Ronald Francis Lodge, ICS, a judge of Calcutta High Court was appointed its first Chief Justice who was administered the oath of office by Assam governor Akbar Hydari.

Shillong, the then capital of Assam, was the seat of the new high court. It sat at the Council House in Shillong. However, for the greater convenience of general public, Justice Lodge passed orders for its functioning from Guwahati from August 14, 1948, where it was housed in the building where the present day district and sessions court sits. Later, it shifted to the Old Commissioner?s Bungalow.

However, the authorities were on the lookout for a new site for a new high court building. After much consideration, the site of the European Club, at the western end of Dighalipukhuri, was selected. The club was asked to vacate the plot and the old Assam-type bungalows demolished.

Amidst chanting of hymns and blowing of conchshells, President Rajendra Prasad laid the foundation stone of the new building on February 21, 1954 in the presence of a distinguished gathering, which included the President?s entire family, Governor Jairamdas Daulatram, chief minister Bishnu Ram Medhi, Kulachar Chaliha and the Assam council of ministers.

The new building was inaugurated by Govinda Ballabh Pant, the Union home minister. Nivendra Mohan Lahiri, one of the senior most advocates of Gauhati High Court recorded some interesting incidents associated with the inauguration. When the plaque was unveiled, Pant noticed the words ?Bharat Ratna? inscribed alongside his name. He immediately ordered their removal as he felt that the display of honorary titles in such a manner was inappropriate. The words were scraped off but a careful scrutiny still reveals the smudged title.

Another anecdote concerns the welcome address by Chief Justice Sarjoo Prasad. Justice Prasad had remarked that the high court being located far from the capital i.e. Shillong, there were delays and practical inconveniences in its conduct of business. Pant immediately quipped, ?It is good for the independence of the judiciary that the executive is 100 km away.?

When the high court was established it was an imposing one-storey RCC structure but it had no provision to house the bar association. During Justice Sarjoo Prasad?s tenure, a room was allotted to the bar. Interestingly, though the lawyers did not have any room for long, the registrar of the high court occupied three rooms ? one for his office, another as a retiring room and the third as lawazima court. Things changed when a new floor was added to the court.

Gauhati High Court has played its desired role in providing justice not only in Assam, but to the entire northeastern region where it has its administrative jurisdiction. The region is ethnically and ethnographically an extra-ordinary mosaic ? its legal and judicial scenario is extremely variegated ? as divergent laws govern the region. In some areas social norms and spirit of code of conduct is considered the local law. In this backdrop, Gauhati High Court is unique in that a single institution has brought the entire region under its umbrella and is rendering service to its people.

Gauhati High Court provided several judges to the Supreme Court such as P.K. Goswami, Baharul Islam, K.N. Saikia, and B.L. Hansaria, S.N. Phukan and H.K. Sema. It is from the bar of this high court that Fakruddin Ali Ahmed was later elevated to the exalted position of President. Dinesh Chandra Goswami, an advocate of Gauhati Bar, was also destined to become a Union law minister.

Gauhati High Court is indeed the sentinel of the Northeast.

Dipankar Banerjee