28. High Court for Andhra.—(1) As from the 1st day of January, 1956, or such earlier date as
may be appointed under sub-section (2), there shall be a separate High Court for the State of Andhra
(hereinafter referred to as “the High Court of Andhra”).
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(2) The President may, if a resolution recommending the establishment of a separate High Court
for the State of Andhra has, after having been adopted by the Legislative Assembly of that State, been
submitted to him, appoint, by notifications in the Official Gazette, a date earlier than the 1st day of
January, 1956, for the purpose of sub-section (1).
(3) The date mentioned in sub-section (1) or, if an earlier date is appointed under subsection (2),
the date so appointed is hereinafter referred to as the “prescribed day.”
(4) The principal seat of the High Court of Andhra shall be at such place as the Governor of
Andhra may, before the prescribed day, by order, appoint:
Provided that if a resolution recommending any place for such principal seat is adopted by the
Legislative Assembly of Andhra, such place shall be appointed by the Governor as the principal Seat.
29. Judges of the Andhra High Court.—(1) Such of the Judges of the High Court at Madras
holding office immediately before the prescribed day as may be determined by the President shall on
that day cease to be Judges of the High Court at Madras and become Judges of the High Court of
Andhra.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Andhra
shall, except in the case where any such person is appointed to be the Chief Justice of that High Court,
rank in that Court according to the priority of their respective appointments as Judges of the High
Court at Madras.
(3) Any person who by virtue of sub-section (1) becomes a Judge of the High Court of Andhra
shall, except in the case where a Judge other than the Chief Justice of the High Court at Madras is
appointed to be the Chief Justice of the High Court of Andhra, continue to be entitled to receive in
respect of time spent on actual service as a Judge of the High Court of Andhra the special pay which
he was drawing immediately before the prescribed day under sub-paragraph (2) of paragraph 10 of the
Second Schedule to the Constitution.
30. Jurisdiction of Andhra High Court.—The High Court of Andhra shall have, in respect of
the territories for the time being included in the State of Andhra, all such original, appellate and other
jurisdiction as, under the law in force immediately before the prescribed day, is exercisable in respect
of the said territories or any part thereof by the High Court at Madras.
31. Power to enrol advocates, etc.—(1) The High Court of Andhra shall have the like power to
approve, admit, enroll, remove and suspend advocates and attorneys and to make rules with respect to
advocates and attorneys, as are, under the law in force immediately before the prescribed day,
exercisable by the High Court at Madras.
(2) The right of audience in the High Court of Andhra shall be regulated in accordance with the
like principles as, immediately before the prescribed day, are in force with respect to the right of
audience in the High Court at Madras:
Provided that, subject to any rule made or direction given by the High Court of Andhra in the
exercise of the powers conferred by this section, any person who immediately before the prescribed
day is an advocate entitled to practice or an attorney entitled to act in the High Court at Madras shall
be recognised as an advocate or an attorney entitled to practice or to act, as the case may be, in the
High Court of Andhra.
32. Practice and procedure in Andhra High Court.—Subject to the provisions of this Part, the
law in force immediately before the prescribed day with respect to practice and procedure in the High
Court at Madras shall, with the necessary modifications, apply in relation to the High Court of Andhra
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and accordingly that High Court shall have all such powers to make rules and orders with respect to
practice and procedure as are immediately before the prescribed day exercisable by the High Court at
Madras:
Provided that any rules or orders which are in force immediately before the prescribed day with
respect to practice and procedure in the High Court at Madras shall, until varied or revoked by rules or
orders made by the High Court of Andhra apply with the necessary modifications in relation to
practice and procedure in the High Court of Andhra as if made by that Court.
33. Custody of the Seal of the Andhra High Court.—The law in force immediately before the
prescribed day with respect to the custody of the Seal of the High Court at Madras shall, with the
necessary modifications, apply with respect to the custody of the seal of the High Court of Andhra.
34. Form of writs and other processes.—The law in force immediately before the prescribed
day with respect to the form of writs and other processes used, issued or awarded by the High Court at
Madras shall, with the necessary modifications, apply with respect to the form of writs and other
processes used, issued or awarded by the High Court of Andhra.
35. Powers of Judges.—The law in force immediately before the prescribed day relating to the
powers of the Chief Justice, single Judges and Division Courts of the High Court at Madras and with
respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications,
apply in relation to the High Court of Andhra.
36. The place of sitting of the High Court.—The Judges and Division Courts of the High Court
of Andhra may sit at such place or places in the State of Andhra other than its principal seat as the
Chief Justice may, with the approval of the Governor of Andhra, appoint.
37. Procedure as to appeals to the Supreme Court.—The law, in force immediately before the
prescribed day relating to appeals to the Supreme Court from the High Court at Madras and the
Judges and Division Courts thereof shall with the necessary modifications, apply in relation to the
High Court of Andhra.
38. Transfer of proceedings from Madras High Court to Andhra High Court.—(1) Except as
hereinafter provided, the High Court at Madras shall as from the prescribed day, have no jurisdiction
in respect of the State of Andhra.
(2) Such proceedings pending in the High Court at Madras immediately before the prescribed day
as are certified, whether before or after that day by the Chief Justice of that High Court having regard
to the place of accrual of the cause of action and other circumstances to be proceedings which ought
to be heard and decided by the High Court of Andhra shall as soon as may be after such certification
be transferred to the High Court of Andhra.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 30,
but save as hereinafter provided, the High Court at Madras shall have and the High Court of Andhra
shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal
including leave to appeal to the Supreme Court, applications for review and other proceedings where
any such proceedings seek any relief in respect of any order passed by the High Court at Madras
before the prescribed day:
Provided that if after any such proceedings have been entertained by the High Court at Madras, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Andhra he shall order that they shall be so transferred and such proceedings shall thereupon be
transferred accordingly.
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(4) Any order made by the High Court at Madras—
(a) before the prescribed day, in any proceedings transferred to the High Court of Andhra by
virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by
virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an
order made by the High Court of Andhra.
39. Savings.—Nothing in this Part shall affect the application to the High Court of Andhra of any
provisions of the Constitution, and this Part shall have effect subject to any provision that may be
made on or after the prescribed day with respect to that High Court by any Legislature of other
authority having power to make such provision.
40. Transitional provisions.—(1) The provisions of this section shall have effect with respect to
the period beginning on the appointed day and ending immediately before the prescribed day.
(2) The jurisdiction of the High Court at Madras shall extend to the State of Andhra, and the said
High Court shall, in relation to the territories of that State, continue to have such jurisdiction as it had
immediately before the appointed day.
41. High Court for the added areas of Mysore.—(1) Except as hereinafter provided—
(a) the jurisdiction of the High Court of Mysore shall, as from the appointed day, extend to
the whole of the transferred territory, and
(b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the
transferred territory.
(2) Such proceedings pending in the High Court at Madras immediately before the appointed day
as are certified by the Chief Justice of that High Court having regard to the place of accrual of the
cause of action and other circumstances to be proceedings which ought to be heard and decided by the
High Court of Mysore shall, as soon as may be after such certification, be transferred to the High
Court of Mysore.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter
provided, the High Court at Madras shall have, and the High Court of Mysore shall, not have,
jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to
appeal to the Supreme Court, applications for review and other proceedings where any such
proceedings seek any relief in respect of any order passed by the High Court at Madras before the
appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Madras, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Mysore he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
(4) Any order made by the High Court at Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Mysore by
virtue of sub-section (2); or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by
virtue of sub-section (3).
shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an
order made by the High Court of Mysore.
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(5) Any person who immediately before the appointed day is an advocate entitled to practise or an
attorney entitled to act in the High Court at Madras and was authorised to appear or to act in any
proceedings transferred from that High Court to the High Court of Mysore under sub-section (2) or
the proviso to sub-section (3) shall, on such transfer of the proceedings, have the right to appear or to
act, as the case may be, in the High Court of Mysore in relation to those proceedings as an advocate or
an attorney entitled to practise or to act in the High Court of Mysore.
42. Interpretation.—For the purposes of sections 38 and 41—
(a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all
issues between the parties, including any issues with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to appeal including leave to appeal
to the Supreme Court, applications for review, petitions for revision and petitions for writs;
(b) references to a High Court shall be construed as including references to a Judge or
Division Court thereof, and references to an order made by a Court or a Judge shall be construed
as including references to a sentence, judgment or decree passed or made by that Court or Judge.