NUMBER OF JUDGES: The number of the judges of the high court has not been fixed by the constitution, but it has been left to the discretion of the

Transcription

1 HIGH COURT OF INDIA

2 INTRODUCTION Though the constitution of India provides for single Judicial system, yet provisions are made of separate courts for each state. High court is the highest court in the state and Art-214 to 231 of the constitution describe the organisation and powers of high courts. Art-214 of the constitution provides that, There shall be a High Court for each state Art-231 further provides that, Parliament may by law establish a common High court for two or more states and a union territory. At present for example there is a common High court for the states of punjab, Haryana and Union Territory of Chandigarh. Similarly. There is Common High court for Assam, Nagaland, Manipur, Meghalaya, Tripura and Mijoram.

3 NUMBER OF JUDGES: The number of the judges of the high court has not been fixed by the constitution, but it has been left to the discretion of the President. APPOINTMENT OF THE JUDGES: Appointed by President in consultation with the Chief Justice of India and Governor of the concerned state and the other juduges of high court in consultation with Chief Justice of India, the Chief Justice of High court concernrd and Governor of the State concerned. * APPOINTMENT OF ADDITIONAL JUDGES: The President may take the appoinments of the additional judges in the event of vapcancies arising on account of the long absence of the Juduges, death, due to illeness or long leave. * PROVISION TO CALL BACK RETIRED JUDGES: With the prior consent of the president.

4 QUALIFICATION OF THE JUDGES: (1) He must be citizen of India. (2) Must have held a judicial office for 10 years in the territory of India. (3) Must have been an advocate for at least 10 years in one or more High court. *TENURE OF THE JUDUGES:62 years. *SALARY AND ALLOWANCES: Chief Justice-Rs. 90,000 and other judges-rs. 80,000 with other facilities also. *TRANSFER OF THE JUDUGES OF THE HIGH COURT: Art-222 of the constitution empowers to transfer the judges of High Court anywhere within the territory of India. *REMOVAL FROM OFFICE: May be removed from the office by the President, after an address is presented to him by the parliament passed in each House by a majority of its total membership and 2/3 majority of its members present and voting. *OATH OF OFFICE: Acc to Art-219, The Governor of the state concerned or any other official appointment by him, administers the oath of the to the Chief Justice of High Court.

5 POWERS AND FUNCTIONS OF HIGH COURT The jurisdiction of the High court is divided into- 1. JUDICIAL: (a) Original (b) Appellate (a) Original Jurisdiction: (i) Cases related to Fundamental rights. (ii) Constitutional jurisdiction. (iii) Power of judicial review (iv) The cases related to matters such as will, divorce, contempt of court. (v) Election disputes.

6 (b) APPELLATE JURISDICTION: 1. The High Court can hear appeals against the decisions of the Districts Courts in the following cases: (i) Civil cases (ii) Appeals in revenue cases against the decision of the revenue board. (iii) In cases related to succession,insolvency, patent, Design etc.

7 2. appeal in criminal cases- (i) ession if the session judge has awarded imprisionment for seven year or more. (ii) where the session judge has awarded capital punishment. 3. Constitutional Cases if the high court certify that perticular cases is fit for appeal before itself and involves a substantial question of law.

8 11. Administrative powers I. it supervises and superintends the working of all the courts subordinate to it. Ii. It makes rules and regulations for the court subordinate to it and cun change such law. Iii. It can transfer any case from one court to another court Iv. It can investigate or enquire in to the record or anotherconnected documentsof any court subordinate to it.

9 INDEPENDENCE OF THE HIGH COURT Impartial method of the appointment of the Judges. Difficult method of Removal. Long Tenure of the judges. High qualification High Salaries and allowances No practice after retirement. Oath of office Special privileges to Judges

10 POSITION OF HIGH COURT The study powers and functions of the High Court reveals that it occupies a place of great significance in the state, same as is occupied by the supreme court in the national field. It is the highest court of law in the state, and all lower courts in state are subordinate to it in authority. It makes the rules for the lower courts and superintendents their work, it plays the role as guardian of the constitution.

11 1. Right to tranfer the cases- it can transfer any cases from a subordinate court to itself and take any of the following action. i. can itself decide it. Ii. Can send the case back to the subordinate court, in question, after deciding the question of law involved in it. 2. court Of record- According to the article 251, every state high court is the court of record,and such its decision are recorded and the court subordinate to it accept these decision as judicial precedents.

12 3. RIGHT TO CERTIFY CASES- It certify the cases fit for appeal before the supreme court. ROLE OF THE HIGH COURT Protection of the fundamental rights. Interpreter of the constitution. Power of judicial Review. Role in the Administrative Field. Public interest Litigation and High court. Disposal of Election Petitions.