18. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and
Arunachal Pradesh.—(1) On and from the appointed day,—
(a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur,
Tripura, Mizoram and Arunachal Pradesh to be called the Gauhati High Court (the High Court of
Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) (hereinafter
referred to as the common High Court);
(b) the Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and
Mizoram holding office immediately before that day shall, unless they have elected otherwise,
become on that day the Judges of the common High Court.
(2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court
shall be allocated amongst the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland and Tripura in such proportion as the President may, by order, determine.
19. Provision as to advocates.—(1) On and from the appointed day,—
(a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the
following clause shall be substituted, namely:—
“(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland
and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura,
Mizoram and Arunachal Pradesh;”;
(b) the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall be
deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and
Arunachal Pradesh.
(2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the
High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall be entitled to practise
as an advocate in the common High Court.
(3) All persons who, immediately before the appointed day, are advocates on the roll of the Bar
Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, as from that day, become
advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram
and Arunachal Pradesh.
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(4) The right of audience in the common High Court shall be regulated in accordance with the like
principles as, immediately before the appointed day, are in force with respect to the right of audience in
the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram:
Provided that as among the Advocates-General of the States of Arunachal Pradesh, Assam, Manipur,
Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be determined with reference to
their dates of enrolment as advocates.
20. Practice and procedure in the common High Court.—Subject to the provisions of this Part, the
law in force immediately before the appointed day with respect to practice and procedure in the High
Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, with the necessary
modifications, apply in relation to the common High Court.
21. Custody of Seal of the common High Court.—The law in force immediately before the
appointed day with respect to the custody of the Seal of the High Court of Assam, Nagaland, Meghalaya,
Manipur, Tripura and Mizoram shall, with the necessary modifications, apply with respect to the custody
of the Seal of the common High Court.
22. Form of writs and other processes.—The law in force immediately before the appointed day
with respect to the form of writs and other processes used, issued or awarded by the High Court of
Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, with necessary modifications, apply
with respect to the form of writs and other processes used, issued or awarded by the common High Court.
23. Powers of Judges.—The law in force immediately before the appointed day with respect to the
powers of the Chief Justice, single Judges and division courts of the High Court of Assam, Nagaland,
Meghalaya, Manipur, Tripura and Mizoram and with respect to all matters, ancillary to the exercise of
those powers shall, with the necessary modifications, apply in relation to the common High Court.
24. Principal seat and other places of sitting of the common High Court.—(1) The principal seat
of the common High Court shall be at the same place at which the principal seat of the High Court of
Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram is located immediately before the
appointed day.
(2) The President may, by notified order, provide for the establishment of a permanent bench or
benches of the common High Court at one or more places within the territories to which the jurisdiction
of the High Court extends, other than the principal seat of the High Court, and for any matters connected
therewith:
Provided that before issuing any order under this sub-section, the President shall consult the Chief
Justice of the common High Court and the Governor of the State in which the bench or benches is or are
proposed to be established.
(3) Notwithstanding anything contained in sub-section (1) or sub- section (2), the Judges and division
courts of the common High Court may also sit at such other place or places in the States of Assam,
Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh as the Chief Justice may, with
the approval of the Governor of the State concerned, appoint.
25. Procedure as to appeals to Supreme Court.—The law in force immediately before the
appointed day relating to appeals to the Supreme Court from the High Court of Assam, Nagaland,
Meghalaya, Manipur, Tripura and Mizoram and the Judges and division courts thereof shall, with the
necessary modifications, apply in relation to the common High Court.
26. Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur,
Tripura and Mizoram to the common High Court.—(1) All proceedings pending in the High Court of
Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram immediately before the appointed day
shall, from such day, stand transferred to the common High Court.
(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High
Court as if such proceeding was entertained by that High Court.
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27. Interpretation.—For the purposes of section 26,—
(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 to the Supreme Court, applications for
review, petitions for revision and petitions for writs; and
(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.
28. Right to appear or to act in proceedings transferred to the common High Court.—Any
person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of
Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram and was authorised to appear or to act in
any proceedings transferred from the said High Court to the common High Court under section 26 shall
have the right to appear or to act, as the case may be, in the common High Court in relation to those
proceedings.
29. Saving.—Nothing in this Part shall affect the application to the common High Court of any
provisions of the Constitution, and this Part shall have effect subject to any provision that may be made
on or after the appointed day with respect to that High Court by any Legislature or other authority having
power to make such provisions.