Judiciary – The High Court
by Yuvi - January 31, 2021
Indian Judiciary
The High Court
The judiciary in states consists of a High Court and subordinate courts. The Parliament can, however, establish by law a common High court for two or more such states, or for one or more states and one or more union territories.
Appointment of Judges
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time appoints. The Constitution, unlike in the case of the Supreme Court does not fix any maximum number of Judges of a High Court but leaves it to the President . The President has the power to appoint:
(1) Additional judges for a temporary period , not exceeding two years, for the clearance of arrears of work in a High Court.
(2) An acting judge when a permanent judge of a high court is temporarily absent or unable to perform his duties. An acting judge holds office until the permanent judge resume his office, but neither an acting judge nor an additional judge can hold office until the age of 62 years.
The Chief Justice of a high court is appointed by the President in consultation with the Chief Justice of India and the Governor of the concerned state. The judges of High Court are appointed by the President in consultation with the Governor of the state, the Chief Justice of India and the Chief Justice of the High Court.
Qualifications – To qualify for appointment as a Judge of the High Court, a person:
(1) Must be a citizen of India
(2) Should have been an advocate of a High court or two or more such courts in succession for at least 10 years, or should have held judicial office for at least in Indian Territory for a period of at least 10 years
Term
The Judges of the High Court hold office till they attain the age of 62 years Their term can be cut short due to resignation or removal by the President on grounds of proved misbehavior or incapacity. The President can remove a Judge of the High Court from his office only if the Parliament passes a resolution by a two-third majority of its members and voting in each house, requesting him to remove the judge.
Independence of the judges
As in the case of the Judges of the Supreme Court, the Constitution seeks to maintain the independence of the Judges of the High Court’s by a number of provisions:
(a) By laying down that a Judge of the High Court shall not be removed, except in the manner provided for the removal of a Judge of the Supreme Court;
(b) By providing that the expenditure in respect of the salaries and allowances of the Judges shall be charged on the consolidated fund of State,
(c) The salaries and allowances payable to Judges of High Courts cannot be changed to their disadvantage after appointment except during a financial emergency.
(d) The conduct of Judges of the High Court cannot be discussed in Parliament except on a motion of resolution for the removal of a Judge
(e) After retirement a permanent Judge of High Court shall not plead in a court or before any authority of India except in the Supreme Court and a High Court other than the High Court in which he held office.
Transfer of a Judge from one high Court to another-
The Constitution, under Article 222 empowers the President, after consultation with the Chief Justice of India to transfer a Judge from one High Court to another.
Jurisdiction of the High Courts
(a) Original Jurisdiction-
(1) For the High Courts of Calcutta, Bombay and Madras- civil cases of value exceeding Rs. 2,000, criminal cases referred by the Presidency Magistrates and cases relating to admiralty, will , divorce, marriage , company laws and contempt of court
(2) settlement of disputes relating to the election of members to Union and state legislatures
(b) Appellate Jurisdiction – As courts of appeal all High Courts entertain appeals in civil and criminal cases from their subordinate courts as well as from their original side. They have, however no jurisdiction over tribunals established under the law relating to the armed forces of the country.
(c) Writ Jurisdiction – Under Article 226 of the Constitution the High Courts are given powers of issuing writs for the enforcement of Fundamental Rights and for other purposes.
(d) Administrative –
(1) Superintendence and control over subordinate courts
(2) Calling from subordinate courts returns and issuing general rules to regulate their proceedings etc.
(3) Withdrawing a case from a subordinate court and sending it back after deciding a substantial question of law
(4) Appointment of Staff and making of rules and regulations for their service conditions. Article 227 empowers High Courts to exercise superintendence over all courts and tribunals, except those dealing with the Armed Forces.
