RAJASTHAN HIGH COURT: the overview

Rajasthan, the vast and bustling reflection of India’s pulsating cultural heritage, extends far

beyond its renowned deserts and grand palaces. Within its borders resides not only a treasure

trove of tradition and legacy, but also a fundamental pillar of justice- the esteemed Rajasthan

High Court, which plays a crucial role in upholding justice. So, it’s like a valuable part of

Rajasthan’s heritage and legal system, administering justice and safeguarding the rights of

millions. It is situated amidst the historic cityscape of Jodhpur.

The genesis of Rajasthan High Court begins in 1949, right after India became independent. It

was a time when the nation was embarking on its journey as a country. The Rajasthan High

Court is the High Court of Rajasthan, and it was established in accordance with the Rajasthan

High Court Ordinance of 1949 on June 21st. The seat of court is at jodhpur and it has authorized

a judge capacity of 501. The historical trajectory of Rajasthan High Court commences with the

amalgamation of array of princely states in the Ajmer-Merwara oasis, a British Indian territory

which was given a geographical expression as Rajputana.i These states were dynastic, with rulers

holding all executive, legislative and judicial authority. After gaining independence from British

rule the process began of bringing together smaller princely states in order to form bigger units.

During the period between March 17,1948 and January 25,1950 a total of 19 principalities came

together and merged into one, giving rise to the state of Rajasthan. The Union of Rajasthan was

officially launched in Jaipur by Sardar Vallabhbhai Patel on March 30th,1949. At that time,

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Jaipur, Jodhpur, Udaipur, Bikaner and Kota were the major states with more or less British style

of administrative set up. They had their own High Courts served by an underlying judiciary.

Before the inauguration of the new state a committee was formed to reconcile the differences in

relation to seat of capital and high court.2 The committee included Shri B.R. Patel who then was

the Chief Secretary to the government of PEPSU, Lt. Col. T.C. Puri who was the Director of

Health Service and Shri S.P. Sinha, Superintending Engineer, CPWD as members. The report

was submitted on 27th March, 1949 by the committee recommending that Jaipur should be made

the capital of Rajasthan and Jodhpur should house High Court. On the same day, Raj Pramukh

exercised his powers under sub-section (1) of section 10 of the ordinance directing that until

further orders the High Court of Judicature for Rajasthan also sit (simultaneously at Jaipur) to

dispose off the work arising out of Jaipur and Kota divisions and at Udaipur in relation to

Udaipur division. Next On August 29, 1949, the High Court was formally opened. The Chief

Justice, Hon'ble Justice Kamal Kant Verma, who has served as Chief Justice of both the

Allahabad High Court and the Udaipur High Court, was sworn in alongside eleven other justices

during an outstanding ceremony presided over by Raj Pramukh His Highness Maharaja Sawai

Man Singh. Nearly all of the princely States were represented by these eleven judges. Judicial

Lala Nawal Kishore, Justice Kunwar Amar Singh Jasol, were from Jodhpur, Justice Kanwar Lal

Bapna and Justice Mohd. Ibrahim were from Jaipur, Justice Jawan Singh Ranawat and Justice

Sardul Singh Mehta were from Udaipur, Justice Durga Shankar Dave was from Bundi, Justice

Trilochan Dutt was from Bikaner, Justice Anand Narain Kaul was from Alwar, Justice K.K.

Sharma was from Bharatpur and Justice Kshemchand Gupta was from Kota. 3 Raj Pramukh
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issued a further notification on September 3, 1949, amending the previous notification dated

August 25, 1949, and directing the High Court of Judicature for Rajasthan to hold simultaneous

sessions in Bikaner and Kota to adjudicate cases that are pending before the Kota bench of the

High Court of the Former United Rajasthan and the Bikaner High Court, respectively. This

notification only allowed applications for revision or readmission; it did not grant any authority

to consider new cases. Rajasthan became a Part "B" State when the Indian Constitution went into

effect on January 26, 1950. The number of High Court judges in the "B" category was lowered,

and it became mandatory for the judges to meet the qualifications outlined in the Indian

Constitution. Consequently, a number of judges, including Chief Justice Kamal Kant Verma,

were forced to resign from their positions. In response to the retirement of Justices Nawal

Kishore and Mohd. Ibrahim, two distinguished attorneys, Shri Inder Nath Modi and Shri D.M.

Bhattacharya, were promoted to the bench . Raj Pramukh issued a statement on May 8, 1950, in

accordance with Section 10 of the Ordinance, stating that the High Court of Judicature for

Rajasthan will no longer hold sessions in Bikaner, Kota, and Udaipur as of May 22, 1950. The

Jaipur bench, which has authority over the Kota and Jaipur divisions, was permitted to continue

operating even though the benches in Bikaner, Kota, and Udaipur were eliminated. The States

Reorganization Act, 1956 was passed by the parliament in the seventh year of the Indian

Republic to provide for the reorganization of the States and related concerns. The High Courts of

every Part "B" State that was in existence at the time, as well as the courts of the Judicial

Commissioners for Ajmer, Bhopal, Kuchh, and Vindhya Pradesh, were dissolved under Section

50 of the States Reorganization Act, 1956. Among other things, Section 49(2) allowed for the

creation of a Rajasthan High Court of Judicature. The High Court of Rajasthan was established

in accordance with Section 49 of the Act of 1956. Previously, the Government of India sent a
telegram on October 27, 1956, to the Rajasthan Government, informing them that the President

had declared Jodhpur to be the primary seat of the High Court in the newly formed State of

Rajasthan.4The High Court could only operate from that location unless the Chief Justice, in

consultation with the Governor, issued a notification under Section 51(3) of the Act, establishing

temporary benches at other locations. On November 1, 1956, the Chief Justice of Rajasthan at

the time issued a notification to that effect establishing a temporary bench at Jaipur. The Talukas

of Abu and Suneel-Tappa were added to Rajasthan under the Act of 1956, but the Sironi sub

division of Kota district was transferred to Madhya Pradesh, leaving the State of Ajmer (then a

Part "C" State) in charge. Following the merger of Ajmer on November 1, 1956, the Indian

government decided to give any potential changes to the state capital and the location of the

Rajasthan High Court's seat further thought. As a result, a committee made up of Sarva Shri P.

Satyanarayana Rao, V. Viswanathan, and B.K. Gupta was established by an order dated July 10th

and 11th, 1957. The committee recommended that the primary seat of the High Court remain in

Jodhpur and that the capital remain in Jaipur when it delivered its findings on February 26, 1958.

The committee also suggested dissolving the Rajasthan High Court's current Jaipur bench. The

Rajasthan High Court's Jaipur bench was eliminated in 1958 after the suggestions were adopted.

The removal of the Rajasthan High Court Bench in Jaipur greatly infuriated a vast number of

people in Eastern Rajasthan, particularly in Jaipur itself. 5The establishment of a permanent High

Court bench in Jaipur was advocated by many Bar Associations and other organizations. The

"High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976" allowed

for the satisfaction of this demand. On December 8, 1976, the Governor of Rajasthan and the

Chief Justice of the Rajasthan High Court were consulted before the President of India, acting

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5
ibid
under the authority granted by sub-section(2) of Section 51 of the States Reorganization Act,

1956, issued the aforementioned order creating a permanent bench of the High Court at Jaipur.

The districts of Ajmer, Alwar, Bharatpur, Dhaulpur, Kota, Bundi, Jhalawar, Baran, Jaipur,

Jhunjhunu, Sawaimadhopur, Karauli, Sikar, Tonk, and Dausa are among those over which the

bench has jurisdiction. The 1976 ruling also grants the Chief Justice the authority to direct that

any case, or class of cases, that arise in any district under the purview of the Jaipur Bench be

heard in Jodhpur.

At the moment, the Rajasthan High Court is authorized to have fifty judges. The High Court has

already built a new facility in Jaipur, and work is currently underway to construct a grand new

building in Jodhpur.6

After examining the lengthy past and complex development of the Rajasthan High Court, it is

clear that significant institutional turning points as well as the significant influence of its rulings

have shaped the court’s path. The Rajasthan high court, which is responsible for upholding

justice in the area, has been instrumental in interpreting the law, establishing precedents and

issuing important rulings. Some important landmark judgements pf Rajasthan High Court are:

The Rajasthan High Court's ruling in Gulab Kaur v. State of Rajasthan (1977) marked a turning

point in the struggle in India for property rights and gender equality. The court's decision

opposed the gender-based discriminatory practices that denied women of their inheritance rights

for agricultural property. The court maintained the fundamental equality inherent in the Indian

Constitution by ruling that such practices were illegal. This historic ruling established a national

standard for gender justice while simultaneously empowering women in Rajasthan

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High court of Rajasthan official website
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An important case involving the concepts of a fair trial and the admissibility of confessions made

under stress or coercion is State of Rajasthan v. Rehman.7 The case can be explained as follows:

Background: Rehman, the defendant in this case, was accused of murder. Rehman was accused

of making a confession while being questioned by the police, and the prosecution used this as

evidence against him. Legal Issue: The primary legal question in this case concerned the

admissibility of Rehman's confession, which the police had forced or coerced him into making,

as evidence in court. Judgement of the Rajasthan High Court: The Rajasthan High Court held

that Rehman's confession, which was gained by coercion or duress, could not be used as

evidence. According to the court, confessions made under duress—either physical or

psychological—are untrustworthy and go against the ideas of natural justice and a fair trial.

Significance: By maintaining the rights to a fair trial and the prohibition against self-

incrimination, the State of Rajasthan v. Rehman ruling is important. It highlights how crucial it is

to defend the accused's rights and make sure that any evidence gathered by force or improper

pressure is excluded from court proceedings. This case serves as a reminder that confessions

cannot be admitted as evidence in criminal trials unless they are freely given and given without

any kind of coercion or incentive.

It is clear from considering the seminal rulings that have influenced the Rajasthan High Court

jurisprudence that technological advancements have been crucial in expanding access to justice

and improving the effectiveness of the legal system. The court has embraced technological

advancements to keep up with the demands of the digital era, even as it has wrestled with

difficult legal challenges and rendered decisions that are consistent with society ideals. The

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The State of Rajasthan Vs Rehman on 14 October, 1959. indiankanoon.org/doc/842696.
incorporation of e-filing has been one of the most noteworthy developments in recent years,

completely changing the way cases are handled and decided at the Rajasthan High Court. This

cutting-edge case management system has accelerated the administration of justice, enhanced

case tracking, and streamlined administrative procedures. As a result of its ability to digitize

court filings, arrange hearings, and keep thorough case records, e-filing system is a

comprehensive , end to end solution designed for online filing of written declarations, answers,

and other case related applications. Cases can be filed in both civil and criminal capacities before

any high court or district court nationwide. E-filing save time, money, travel of advocates and

clients. It reduces the need of meetings between clients and advocates. Moreover, the

implementation of e-service help videos has facilitated greater transparency and accessibility

within the judicial system. Litigants and legal practitioners now have the convenience of

accessing case-related information online, thereby eliminating barriers to entry and ensuring

equal access to justice for all. Additionally, the integration of video conferencing technology has

enabled remote hearings, enabling parties to participate in court proceedings from disparate

locations and reducing the need for physical appearances in court—an especially critical

development during times of public health crises or logistical constraints. Furthermore, judges

and legal professionals may now easily manage massive case-related documents, perform

thorough legal research, and access precedent cases thanks to the use of sophisticated legal

research databases and document management systems. The Rajasthan High Court] has

enhanced the capacity of the judiciary through the utilization of technology, resulting in a more

knowledgeable, effective, and accommodating legal system. Other portals like e-pay, e-pass and

upload vaccination certificate, urgent listing, e-library, e-directory enhance its capacity to deliver

timely and equitable justice while upholding the rule of law in an increasingly complex and
interconnected world. Video Conferencing8: These facilities can facilitate remote hearings, which

minimize travel requirements and improve access to justice. Website and Online Services:

Keeping up a user-friendly and educational website can aid in the dissemination of court-related

data, including rulings, cause lists, case status, and court regulations. Security Systems: Ensuring

the integrity of judicial processes and protecting sensitive data require strong security systems.

This could involve taking steps like data encryption, access limits, and secure networks. In

conclusion, the convergence of law and technology within the Rajasthan High Court represents a

paradigm shift in the administration of justice.

Drawing from my views of the technical improvements used by the Rajasthan High Court, my

internship experience enabled me to observe the real-world consequences of these advancements

on the practice of law. I had the amazing chance to observe firsthand how legal practice and

technological innovation converge in the sacred halls of justice while working as an intern at the

Rajasthan High Court. My experience has given me a more sophisticated perspective of how the

court functions as well as the revolutionary role that technology plays in reshaping the legal

system. I actively participated in many aspects of legal study, case analysis, and administrative

work while I worked at the court. I was able to obtain insight into the nuances of the legal

profession and the complex procedures involved in case adjudication by working with seasoned

judges, attorneys, and court employees. Seeing how the Rajasthan High Court's technology was

incorporated into its operations was one of the most impressive components of my internship.

The court demonstrated its dedication to modernizing its operations and improving access to

justice by implementing cutting-edge case management systems, electronic filing platforms, and

video conferencing technology. The ways in which these technological solutions enhanced

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stakeholder communication, expedited administrative operations, and allowed for the effective

management of situations greatly struck me. I got the chance to see a fascinating criminal case

during my internship at the Rajasthan High Court, which highlighted the changing role of

technology in forensic investigation and the administration of justice. In this instance, a well-

known cybercrime investigation was aimed at a highly skilled hacker network that was allegedly

responsible for a massive data leak and financial fraud scheme. The case revolved around a

complex forensic examination of digital evidence, encompassing electronic transactions,

metadata, and encrypted communications. I was fascinated by the intricacy of contemporary

cybercrimes and the forensic methods used to identify their digital traces when forensic

specialists gave their conclusions in court. The prosecution's introduction of sophisticated

forensic tools, which could precisely track the offenders' online actions and reconstruct digital

evidence, was one of the trial's turning points. Investigators were able to create a chain of

custody for the electronic evidence and piece together a thorough history of the cybercrime

operation by carefully examining digital devices, network traffic logs, and cloud storage

accounts. However, I was reminded of the moral and legal difficulties surrounding digital

forensics in criminal cases when the defense team examined the forensic evidence and contested

its admissibility in court. Concerns were raised concerning the dependability of forensic

methods, the possibility of tampering with digital data, and the requirement for accountability

and transparency in forensic procedures. Upon observing the amalgamation of law, technology,

and forensic science throughout the case's resolution, I developed an enhanced understanding of

the multidisciplinary character of criminal justice and the indispensable function of technological

proficiency in maneuvering through intricate legal predicaments. In order to handle new risks in
the digital sphere, the case demonstrated the value of ongoing innovation and cooperation

between law enforcement organizations, forensic specialists, and legal practitioners.

In summary, the Rajasthan High Court is a pillar of the legal system, where tradition and

innovation coexist with modernity and history. Its extensive record of precedent-setting rulings

has influenced India's legal system and advanced the values of justice, equality, and human

rights. The court's adoption of technology is a reflection of its determination to change with the

times, improving access to justice and expediting the legal system. Technology is becoming an

essential element in the quest of judicial excellence, from the deployment of case management

systems to the adoption of electronic filing platforms. I am reminded of the Rajasthan High

Court's critical role in maintaining the rule of law and defending citizens' rights as I consider the

court's lasting influence. The court never fails to instill faith and trust in the judiciary, as seen by

its landmark rulings that have broadened the boundaries of justice and its embracing of

technological innovation. I have hope for the Rajasthan High Court's future and its ongoing

dedication to providing exceptional legal services. I am convinced that the court will continue to

stand tall as a symbol of justice, impartiality, and honesty while it negotiates the challenges of a

world that is changing quickly.

To sum up, the Rajasthan High Court is a symbol of the timeless principles of justice, equity, and

equality; it is a bulwark of democracy and a beacon of hope in the center of Rajasthan.