High Court
• The judiciary in the states consists of a High Court and a system of subordinate courts below it.
• The High Court is at the apex of the judiciary in the state.
• Article 214 provides for High Court for each state but there can be common High Courts for two or more states established by Parliament under Article 231.
• Under Article 230 the jurisdiction of High Court can be extended to the Union Territories also.
• At present there are only 24 High Courts covering all the 29 states and 7 Union Territories.
• A High Court may also have one or more benches of itself within the area of its territorial jurisdiction.
• The High Court is at the apex of the judiciary in the state.
• Article 214 provides for High Court for each state but there can be common High Courts for two or more states established by Parliament under Article 231.
• Under Article 230 the jurisdiction of High Court can be extended to the Union Territories also.
• At present there are only 24 High Courts covering all the 29 states and 7 Union Territories.
• A High Court may also have one or more benches of itself within the area of its territorial jurisdiction.
Indian High court Act, 1861
• High courts established at Calcutta, Bombay & Madras
• Constitution states that there shall be HC in every state, but, parliament has the power to establish a common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs)
• Strength of HC is flexible (Unlike SC – which can be increased by parliament)
• President may from time to time appoint judges of HC, keeping in view amount of work before HC.
• High courts established at Calcutta, Bombay & Madras
• Constitution states that there shall be HC in every state, but, parliament has the power to establish a common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs)
• Strength of HC is flexible (Unlike SC – which can be increased by parliament)
• President may from time to time appoint judges of HC, keeping in view amount of work before HC.
Appointment of High Court Judges:
Initiation of proposal for appointment of judges of HC must invariably be made by CJ of that HC
Appointment is made with respect to recommendations of NJAC
Composition of the NJAC – 6 members
• Chief Justice of India (Chairperson, ex officio)
• Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio
• The Union Minister of Law and Justice, ex-officio
• Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :
– Chief Justice of India
– Prime Minister of India
– Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha)
Appointment is made with respect to recommendations of NJAC
Composition of the NJAC – 6 members
• Chief Justice of India (Chairperson, ex officio)
• Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio
• The Union Minister of Law and Justice, ex-officio
• Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :
– Chief Justice of India
– Prime Minister of India
– Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha)
Functions of the Commission:
Recommending persons to president for appointment as:
• Chief Justice of India,
• Judges of the Supreme Court,
• Chief Justices of High Courts and other Judges of High Courts.
– Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court
– Ensuring that the persons recommended are of ability and integrity
Tenure of High Court Judges
• 62 Years
• Any dispute regarding the age of judge of HC is decided by President in consultation with CJ of India
Recommending persons to president for appointment as:
• Chief Justice of India,
• Judges of the Supreme Court,
• Chief Justices of High Courts and other Judges of High Courts.
– Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court
– Ensuring that the persons recommended are of ability and integrity
Tenure of High Court Judges
• 62 Years
• Any dispute regarding the age of judge of HC is decided by President in consultation with CJ of India
Removal of High Court Judges
• HC judge can resign by writing to President; or
• By same removal process as in case of SC judges
• HC judge can resign by writing to President; or
• By same removal process as in case of SC judges
Salary of High Court Judges
• CJ – Rs. 90,000
• Others – Rs.80,000
• From consolidated fund of State
Oath – before Governor (Unlike before President as in case of Supreme Court)
• CJ – Rs. 90,000
• Others – Rs.80,000
• From consolidated fund of State
Oath – before Governor (Unlike before President as in case of Supreme Court)
Qualification for High Court Judges
• Must be citizen of India
• Must have held a judicial office in territory of India for atleast 10 years or
• Must have been an advocate of HC in succession for 10 years
After retirement a judge of HC cannot plead in a court or before any authority in India except in SC or HC other than in which he held office
• Must be citizen of India
• Must have held a judicial office in territory of India for atleast 10 years or
• Must have been an advocate of HC in succession for 10 years
After retirement a judge of HC cannot plead in a court or before any authority in India except in SC or HC other than in which he held office
Jurisdiction of High Court
A. Original Jurisdiction
• In civil cases with amount > 2000
• In criminal cases, authorised to them by President Magistrates
A. Original Jurisdiction
• In civil cases with amount > 2000
• In criminal cases, authorised to them by President Magistrates
B. Appellate Jurisdiction
All HCs entertain appeals in civil & criminal cases from their subordinate courts.
They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the country
All HCs entertain appeals in civil & criminal cases from their subordinate courts.
They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the country
C. Writ Jurisdiction:
• Jurisdiction to issue writs under HC is larger than the SC.
• SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such cases but also where an ordinary legal right has been infringed
• Jurisdiction to issue writs under HC is larger than the SC.
• SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such cases but also where an ordinary legal right has been infringed
D. Administrative & supervisory Functions of HC:
• HC supervise & controls the working of courts subordinate to them
• Frame rules & regulations for transactions of their business. For ex. Transfers, Postings, Promotions etc.
• Not applicable in case of tribunals dealing with armed forces
(HC acts as court of records & has power to punish its own contempt)
• HC supervise & controls the working of courts subordinate to them
• Frame rules & regulations for transactions of their business. For ex. Transfers, Postings, Promotions etc.
• Not applicable in case of tribunals dealing with armed forces
(HC acts as court of records & has power to punish its own contempt)
Superintendence over Courts:
• Under Article 227 every High Court has a power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Superintendence covers both administrative as well as judicial.
• The power of superintendence is an extraordinary power to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for making trifle corrections.
• The High Court should intervene in cases of gross injustice or non-exercise or abuse of jurisdiction even though there is no provision for appeal or revision.
• Under Article 227 every High Court has a power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Superintendence covers both administrative as well as judicial.
• The power of superintendence is an extraordinary power to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for making trifle corrections.
• The High Court should intervene in cases of gross injustice or non-exercise or abuse of jurisdiction even though there is no provision for appeal or revision.
Transfer of Certain Cases to High Court (Article 228):
If the High Court is satisfied that a case pending in a subordinate Court involves a substantial question of law as to the interpretation of the Constitution, the High Court will withdraw the case and either determine the question of law and return the case to the court from where it was withdrawn or dispose of the case itself.
If the High Court is satisfied that a case pending in a subordinate Court involves a substantial question of law as to the interpretation of the Constitution, the High Court will withdraw the case and either determine the question of law and return the case to the court from where it was withdrawn or dispose of the case itself.
Control over the Subordinate Judiciary:
As the head of the judiciary in the State, the High Court has got an administrative control over the subordinate judiciary in respect of certain matters. The subordinate courts include District Judges of the city, Civil Courts as well as the Metropolitan Magistrates and Members of the Judicial Services. The control over the judges of these subordinate courts is exercised by the High Court in the following matters-
• The High Court is to be consulted by the Governor in the matter of appointing, posting and promoting district judges.
• The High Court is consulted along with the state Public Service Commission, by the Governor, in appointing persons to the judicial service of the state.
• The control over district courts and courts subordinate thereto, including the posting and promotion of and the grant of leave to persons belonging to the judicial service and holding any post inferior to the post of a district judge is vested in the High Court.
The initial appointment of a District Judge or Additional District Judge is made by the Governor who has to act in consultation with the High Court. After he is appointed his posting and promotion is done by the Governor in consultation with the High Court (Article 233). Normally the High Court’s recommendation must be accepted. Departure from it must be rare and for cogent and compelling reasons.
The posting and promotion of the district judge is done by the Governor in consultation with the High Court but posting and promotion of persons belongings to state judicial service (other than district judges) exclusively rests with the High Court (Article 235).
Article 235 expressly states that the control over district court and courts below it vest in the High Court. The control is administrative, removal or reduction in rank. In the matter of dismissal, removal and reduction also the High Court may recommend such punishment to the Governor.
As the head of the judiciary in the State, the High Court has got an administrative control over the subordinate judiciary in respect of certain matters. The subordinate courts include District Judges of the city, Civil Courts as well as the Metropolitan Magistrates and Members of the Judicial Services. The control over the judges of these subordinate courts is exercised by the High Court in the following matters-
• The High Court is to be consulted by the Governor in the matter of appointing, posting and promoting district judges.
• The High Court is consulted along with the state Public Service Commission, by the Governor, in appointing persons to the judicial service of the state.
• The control over district courts and courts subordinate thereto, including the posting and promotion of and the grant of leave to persons belonging to the judicial service and holding any post inferior to the post of a district judge is vested in the High Court.
The initial appointment of a District Judge or Additional District Judge is made by the Governor who has to act in consultation with the High Court. After he is appointed his posting and promotion is done by the Governor in consultation with the High Court (Article 233). Normally the High Court’s recommendation must be accepted. Departure from it must be rare and for cogent and compelling reasons.
The posting and promotion of the district judge is done by the Governor in consultation with the High Court but posting and promotion of persons belongings to state judicial service (other than district judges) exclusively rests with the High Court (Article 235).
Article 235 expressly states that the control over district court and courts below it vest in the High Court. The control is administrative, removal or reduction in rank. In the matter of dismissal, removal and reduction also the High Court may recommend such punishment to the Governor.
Powers to issue writs:
• The Supreme Courts and High Courts can issue writs to ensure that rights of the people are not violated either by State or otherwise.
• The Constitution has specifically given the power ‘to issue certain writs’ to the High Courts.
• These Courts can issue writs (which are binding directions of the Court) to any person or authority, including government of the State concerned.
• The writs in the nature of Habeas, Corpus, mandamus, prohibition, quo warranto, and certiorari (explained in lesson 6) for the enforcement of rights of the people.
• This power is exercised in the original jurisdiction of the High Court, and is not derogatory to similar power of the Supreme Court.
• The Supreme Courts and High Courts can issue writs to ensure that rights of the people are not violated either by State or otherwise.
• The Constitution has specifically given the power ‘to issue certain writs’ to the High Courts.
• These Courts can issue writs (which are binding directions of the Court) to any person or authority, including government of the State concerned.
• The writs in the nature of Habeas, Corpus, mandamus, prohibition, quo warranto, and certiorari (explained in lesson 6) for the enforcement of rights of the people.
• This power is exercised in the original jurisdiction of the High Court, and is not derogatory to similar power of the Supreme Court.
Transfer of Cases to the High Court
• If a High Court is satisfied that a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution, the High Court may withdraw such a case from the lower court.
• After examining the case, the High Court may either dispose it off itself, or may return it to the lower court with instructions for disposal of the case.
• If a High Court is satisfied that a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution, the High Court may withdraw such a case from the lower court.
• After examining the case, the High Court may either dispose it off itself, or may return it to the lower court with instructions for disposal of the case.
Superintendence of Subordinate Courts
• A High Court has the right of superintendence and control over all the subordinate courts in all the matter of judicial and administrative nature.
• In the exercise of its power of superintendence, the High Court may call for any information from the lower courts; may make and issue general rules and prescribe norms for regulating the practice and proceedings of these courts; and it may issue such directions, from time to time, as it may deem necessary.
• It can also make rules and regulations relating to the appointment, demotion, promotion and leave of absence for the officers of the subordinate courts.
• A High Court has the right of superintendence and control over all the subordinate courts in all the matter of judicial and administrative nature.
• In the exercise of its power of superintendence, the High Court may call for any information from the lower courts; may make and issue general rules and prescribe norms for regulating the practice and proceedings of these courts; and it may issue such directions, from time to time, as it may deem necessary.
• It can also make rules and regulations relating to the appointment, demotion, promotion and leave of absence for the officers of the subordinate courts.
Court of Record
• A High Court is also a court of record, like the Supreme Court.
• Lower courts in a State are bound to follow the decisions of the High Court which are cited as precedents.
• A High Court has also the power to punish for its contempt or disrespect.
• A High Court is also a court of record, like the Supreme Court.
• Lower courts in a State are bound to follow the decisions of the High Court which are cited as precedents.
• A High Court has also the power to punish for its contempt or disrespect.
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