Mathematics The State Judiciary: High court

High Court

- At present, there are 24 High Courts in the country.
- The Constitution of India provides a High Court for each state, but the 7th Amendment Act of 1956, authorized the Parliament to establish a common High Court for two or more states or and a union territory.
- Delhi is the only union territory that has a High Court of its own (since 1966). In 2013, separate High courts were created for the three North-Eastern states of Manipur, Meghalaya, and Tripura.
- Every High Court (whether exclusive or common) consists of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint.
- The Constitution does not specify the strength of a High Court and leaves it to the discretion of the President. Accordingly, the President determines the strength of a High Court from time to time depending upon its workload.

Appointment

- Under Article 217, every Judge of a High Court shall be appointed by the President.
- The Chief Justice of the High Court is appointed by the President after consultation with the Chief Justice of Supreme Court and Governor of the concerned state.

Qualification

- He should be a citizen of India.
- He should have held a judicial office in the territory of India for 10 years. He should have been an advocate of a High Court (or High Courts in session) for 10 years.
- A Judge of the High Court shall hold office until the age of 62 years.

Tenure

- He holds office until he attains the age of 62 years. Any questions regarding his age, to be decided by the President is final.

Removal

- Every Judge, permanent, additional or acting, may vacate his office earlier in any of the following ways; (i) by resignation in writing addressed to the President; (ii) by being appointed a Judge of the Supreme Court or being transferred to any other High Court, by the President; (iii) by removal by the President on an address of both Houses of Parliament (supported by the vote of 2/3 of the members present) on the ground of proved misbehaviour or incapacity.
- The mode of removal of a Judge of the High Court shall thus be the same as that of a judge of the Supreme Court.

Salaries and Allowances

- The salaries and allowances of the Chief Justice of High Court and Judges of the High Court are decided by the parliament by law, time to time.
- Present salary of the Chief Justice of High Court is Rs. 90,000 per month and Judge of the High Court is Rs. 80,000.
- The salaries and other expenses of the judges and maintenance of the state high courts are charged from Consolidated Fund of the State. While, the pension of retired high court judges comes from Consolidated Fund of India.

Independence of High Court

Appointment – As after second and third judges case, the appointment of a judge of High Court lies within judiciary itself and completely aloof from powers of executive and legislature.
Tenure – The security of tenure is guaranteed till retirement age of 65 yrs as High Court judge can’t be removed except by address of President which is subjected to procedure as above defined.
Powers – Both Parliament and state legislature are not authorized to cut the powers and jurisdiction of High Court as guaranteed by constitution.
Emoluments – The Judges are entitled to fix salary and service conditions as determined by Parliament. But can’t be changed to their disadvantage after appointment except in case of Financial Emergency. The expenses of High Court are charged on Consolidated Fund of State which is not subjected to vote of State legislature.
Retirement – The High Court judge shall not plead or act in any court or before any authority within territory of India. But retired judge can be appointed as judge of High Court for temporary period as deem fit by CJ of High Court.
Conduct of Judges – The conduct of judges of High Court can’t be discussed in Parliament unless any motion of impeachment has been moved.

Jurisdiction and Powers of High Court

Jurisdictions

1. Original jurisdiction - It is accepted that the original jurisdiction of a High Court is exercised by issue of Writs to any person or authority including Government.
2. Appellate Jurisdiction - The appellate jurisdiction of High Court extends to both civil and criminal cases. In civil cases, its jurisdiction extends to cases tried by Courts of Munsifs and District judges. In the criminal cases it extends to cases decided by Sessions and Additional Sessions Judges.

Powers

1. Power of Superintendence - A High Court has also the power of superintendence over all Courts and Tribunals except those dealing with the armed forces functioning in the State. In exercise of this power it may:
(i) Call for return from such Courts.
(ii) May issue general rules and prescribe forms for regulating the practice and proceedings of such Courts, and
(iii) Prescribe forms in which books and accounts are being kept by the Officers of any Court.
2. Power of Transfer of Cases to High Court - If the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the interpretation of the Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may:
(a) Either dispose of it.
(b) Determine the said question of law and return the case to the court from whom it had been withdrawn together with a copy of its judgment on such question and the said Court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.
3. Control over its Officers and Employees - The High Court has complete control over its officers and employees. Appointments of officers and servants are to be made by the Chief Justice or such other Judge or Officer of the High Court as the Chief Justice may direct.

 
SiteLock