High Court in India shyam institute

High Court

• * The Constitution of India established an integrated and comprehensive judicial system.
• * In this system, the High Court occupies the second position after the Supreme Court.
• * Lower courts in the state function under it.
• * In the state judicial system, the High Court is the highest court.
• * The High Court system was first established in India in 1862.
• * In the same year, the Calcutta, Bombay, and Madras High Courts were established.
• * The 4th oldest High Court was established in Allahabad in 1866.
• * Articles 214 to 231 in Part 6 of the Indian Constitution contain provisions for the structure, independence, jurisdiction, powers, functions, etc., of High Courts.
• * The subject of 'High Court' is in the "Union List".
• * Parliament has the power to establish a High Court in a state.
• * According to Article 214, there should be a High Court for each state. The High Court is the highest court in the state.
• * Article 215 describes the High Court as a Court of Record.
• * The High Court preserves the judgments given in various cases and the evidence recorded by it in record form.
• * All lower courts in the state respect and implement the judgments of the High Court.

Structure of the High Court:

• * Article 216 - Each High Court consists of a Chief Justice and other judges.
• * They are appointed by the President.
• * The Constitution has not specifically mentioned the number of judges in a High Court.
• * In this context, the President frequently decides the number of judges of the High Court as per necessity.
• * The President determines the number of judges of the High Court based on the population and area of the state, and the number of cases.
• * Allahabad High Court has the highest number of judges in India.
• * Sikkim High Court has the fewest number of judges in India.

Article 217:

• * The President appoints the Chief Justice of the High Court.
• * This article mentions the procedures followed by the President when appointing High Court judges.
• * The President consults these individuals in the appointment of judges:
  1. a) Chief Justice of India.
  2. b) Governor of the concerned state.
  3. c) Chief Justice of the concerned High Court.

Qualifications of High Court Judges

• * Must be a citizen of India.
• * Must have practiced as an advocate in any High Court for not less than 10 years.
• * Must have held a judicial office for 10 years or have experience working as a Sessions Court Judge or in a Tribunal.
• * The Constitution does not prescribe any minimum age for the appointment of judges.
• * Initially, the retirement age of High Court judges was 60 years, but through the 15th Constitutional Amendment (1963), their retirement age was increased to 62 years.
• * Currently, the retirement age of High Court judges is 62 years.
• * Parliament has the power to make changes in the age matter.
• * The Law Commission recommended increasing the retirement age of High Court judges from 62 to 65.
• * Following the 114th Constitutional Amendment Bill, the retirement age of High Court judges is expected to be increased to 65 years.
• * The Chief Justice and other judges of the High Court must submit their resignation letter to the President.

Procedure for Removal of High Court Judges

Article 218:

• * High Court judges can also be removed based on grounds such as incapacity and misconduct, in the same manner as Supreme Court judges are removed.
• * So far, no High Court judge has been removed.
• * The first instance in the country's history of a motion of impeachment being passed in the Rajya Sabha was against Calcutta High Court Justice Soumitra Sen. However, Soumitra Sen resigned from his post before this motion was introduced in the Lok Sabha.
• * Recently, when the Rajya Sabha Chairman ordered a judicial committee inquiry against Sikkim High Court Chief Justice Justice P.D. Dinakaran, he resigned before impeachment on June 29, 2011.
• * The Indian Parliament may formulate rules and regulations regarding the motion intended for the removal of judges and the inquiry process.

Example:

• Judges Enquiry Act - 1968.

Oath of Office for High Court Chief Justice and Other Judges (Article 219):

• * The Chief Justice and other judges of the High Court take the oath of office in the presence of the Governor.
• * The Chief Justice must necessarily take the oath of office only in the presence of the Governor. However, ordinary judges may take the oath of office either in the presence of the Governor or in the presence of the Chief Justice. This is mentioned in the 3rd Schedule.

In the oath or affirmation of the Chief Justice:

1. a) States to bear true faith and allegiance to the Constitution of India as by law established,
2. b) To uphold the sovereignty and integrity of India,
3. c) To duly and faithfully and to the best of their ability, knowledge, and judgment perform the duties of the office without fear or favor, affection or ill-will and uphold the Constitution and the laws.

Conditions After Retirement (Article 220):

• * After retirement, High Court judges are not allowed to practice law in the High Courts where they have served.
• * However, after retirement, High Court judges may practice law in other High Courts or in the Supreme Court.
• * This rule does not apply to temporary judges.

Salaries and Allowances (Article 221):

• * Parliament determines the salaries and allowances of High Court judges.
• * Subject to Income Tax.
• * High Court judges receive salaries and allowances from the Consolidated Fund of the State while in office. After retirement, they receive pensions from the Consolidated Fund of the Center.
• * Salaries and allowances of judges cannot be reduced while in office.
• * Only in financial emergency can the President order a cut in their salaries and allowances.
• * In 2009, the salaries and allowances of the Chief Justice and other judges of the High Court were increased.
• * Current salary of the High Court Chief Justice - Rs. 2,50,000/-; Salary of a Judge - Rs. 2,25,000/-.

Transfer of Judges (Article 222):

• * The President has the power to transfer the Chief Justice and other judges of the High Court.
• * When transferring judges, the President makes a decision after consulting (the following):
  1. a) Collegium headed by the Chief Justice of India.
  2. b) Chief Justice of the High Court from which the transfer is being made.
  3. c) Chief Justice of the High Court to which the appointment is being made.
• * When transferring judges, special allowances should be given to those working in states other than their home state. Changes were made in the Salaries and Allowances Act in 1970.
• * The Supreme Court declared in 1977 that High Court judges can be transferred only as an extraordinary measure and for public interest, and this should not be done to punish someone. Again in 1994, the Supreme Court expressed the opinion that "judicial review is necessary to prevent arbitrary decisions in the transfers of judges." However, only the transferred judge should challenge this.

Note:

• The Sarkaria Commission stated that if a judge's transfer occurs contrary to the advice of the Collegium, those judges can approach the Supreme Court.

Acting Chief Justice (Article 223):

• * When the office of the Chief Justice of the High Court falls vacant or when the Chief Justice is unable to perform their duties due to other reasons, the President appoints a judge of the High Court as Acting Chief Justice.

Note:

• Since 1985, it has been decided not to appoint any Chief Justice as Chief Justice in their home state.

Appointment of Additional & Temporary Judges (Ad-hoc) (Article 224):

• * When the number of cases in the High Court increases or due to the increase in pending cases in the High Court, the President, in consultation with the Chief Justice of that state's High Court, appoints Temporary Judges in the High Court.
• * Their term of office should not exceed two years.
• * All facilities and conveniences available to ordinary judges are provided to them.
• * Currently, it has become a tradition in our country to appoint those who are appointed as Ad-hoc judges as permanent judges in subsequent times.

Appointment of Retired Judges (Article 224A):

• * Retired judges of the High Court may be requested to attend court during the investigation of any special cases.
• * After consulting the Chief Justice of the High Court, the President makes a decision. Moreover, the consent of the person being appointed must also be obtained.
• * They receive salaries as determined by the President.

High Court - Powers

Original Jurisdiction or Original Powers (Article 225):

• * Article 225 explains the scope of the High Court's powers.
• * Powers that the High Court hears directly without appeals are called Original Powers.
  1. a) Marriage, divorce, inheritance, and will, company matters have original jurisdiction. Legality must be inherent in this matter.
  2. b) The High Court hears disputes related to MP, MLA, MLC elections.
  3. c) Protection of fundamental rights of citizens.
  4. d) Matters related to revenue collection orders or laws.
  5. e) Copyright laws, wills, contempt of court, etc., disputes must be resolved directly in the High Court.

Appellate - Jurisdiction:

• * The High Court is the highest court for appeals in the state.
• * Matters that can interpret constitutional aspects in cases coming through lower courts.
• * Appeals can be made to the High Court against judgments given by lower courts in civil and criminal cases.
• * Sessions Court, even if it imposes a death sentence (or) sentences more than 7 years, all such cases can be appealed to the High Court.

Note:

• District Courts have the power to impose death sentences, but the death sentence must be necessarily certified by the High Court for implementation.

Writ Jurisdiction:

• * According to Article 226, the High Court issues writs.
• * The High Court issues various types of writs for the protection of fundamental rights.
• * In the matter of issuing writs, the High Court's writ jurisdiction is wider than that of the Supreme Court because the Supreme Court issues writs only for the protection of fundamental rights.
• * But the High Court issues writs not only for the protection of fundamental rights but also for the implementation of state government laws, GOs, notifications, jail articles, and acts.

Chandra Kumar Case (1997):

• * According to the opinion given by the Supreme Court in this case, the writ jurisdiction of the Supreme Court and the High Court is a basic feature of the Constitution. Therefore, it cannot be excluded or removed even through any constitutional amendment.

Note:

• Article 32 can be suspended by the President when a national emergency is declared. But Article 226 is not suspended.

Control over Subordinate Courts:

Article 227:

• * The High Court has control over subordinate courts.
• * The High Court issues guidelines regarding legal practice, speedy trial of cases, and the functioning of courts. Lower courts must necessarily follow these.
• * Postings, promotions, leave approvals, transfers, and disciplinary matters of members in the state judicial service other than District Judges are under the control of the High Court.
• * The High Court appoints a Portfolio Judge for each district. They oversee the functioning of the lower courts.

Article 228:

• * The High Court has the power to transfer cases pending in lower courts to itself.
• * It hears and adjudicates cases transferred from lower courts.

Article 229:

• * The staff working in state High Courts are managed under the supervision of the High Court Chief Justice.
• * Disputes arising over the services of employees in the High Court do not come under the jurisdiction of the Administrative Tribunal. Only the High Court hears and adjudicates.

Article 230:

• * Parliament determines which Union Territory falls under the jurisdiction of which High Court.

Article 231:

• * Parliament has the power to establish a common High Court for two or more states, Union Territories.

Note:

• Article 232 was removed by the 7th Constitutional Amendment.

Judicial Review Power:

• * The High Court has judicial review power to examine the constitutional validity of laws made by Parliament and State Legislatures and orders issued by the Central and State Governments.
• * If these are against the Constitution, the High Court declares them unconstitutional, stating they are invalid. Consequently, the government does not implement them.
• * Although the term "Judicial Review Power" is nowhere defined in the Constitution, Articles 13 and 226 of the Constitution confer this power on the High Court.
• * There must be three reasons to challenge the constitutional validity of a legislative act or executive order of the legislature in the High Court. They are:
  1. a) They are against (violate) Fundamental Rights.
  2. b) Authority and judgment of those who drafted it.
  3. c) They are against constitutional matters.
• * The 42nd Constitutional Amendment Act of 1976 reduced the judicial review power of the High Court.
• * It removed the power to examine the constitutional validity of Central laws. But the 43rd Constitutional Amendment Act of 1978 repealed it. Therefore, Article 226 (under this, the constitutional validity of laws can be questioned).

High Court - Some Key Points:

• * First woman to serve as a High Court Judge in India: - Smt. Anna Chandy (Kerala).
• * First woman to serve as Chief Justice of a High Court: - Leela Seth (Himachal Pradesh).
• * First Chief Justice of Andhra Pradesh High Court: - Koka Subba Rao.
• * First woman judge of Andhra Pradesh High Court: - (1974-76).
• * Person who served as Chief Justice for the shortest period, i.e., only one day - B.P. Jeevan Reddy (Patna High Court).
• * Those who served as Chief Justice for only 4 days: - Bilal Nazki (Orissa).
• * Currently, there are "25 High Courts" in India.
• * High Courts established in 2013:
  1. 1. Shillong High Court - Meghalaya
  2. 2. Imphal High Court - Manipur
  3. 3. Agartala High Court - Tripura
• * First E-Court established state in the country - Gujarat High Court.
• * Recently, Narendra Modi inaugurated the Judicial Museum in Mumbai.

• * High Court that started evening courts - Gujarat High Court.
• * High Courts located outside the capital - 9.
• * Common High Courts in India - 4.
  1. 1. Bombay
  2. 2. Chandigarh
  3. 3. Guwahati
  4. 4. Hyderabad.