High Court - 19374880 - 2023 - 11 - 28 - 11 - 04

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High Court

Let’s Dig into history of HC

• The high court operates below the Supreme Court but above the
subordinate courts.
• The institution of high court originated in India in 1862 when the high
courts were set up at

Calcutta Madras

Bombay

• In 1866, a fourth high court was established at Allahabad.


• The Constitution of India provides for a high court for each state
• Seventh Amendment Act of 1956 authorized the Parliament to establish a common
high court for two or more states or for two or more states and a union territory.
• 25 high courts
• Among the nine union territories, Delhi alone has a separate high court (since 1966).
• The union territories of Jammu and Kashmir and Ladakh have a common high court.
• The other union territories fall under the jurisdiction of different state high courts.
• The Parliament can extend the jurisdiction of a high court to any union territory or exclude the
jurisdiction of a high court from any union territory.

Articles 214 to 231 in Part VI of the Constitution deal with the


• organisation,
• independence,
• jurisdiction,
• powers,
• procedures and
• so on of the high courts.

COMPOSITION chief justice

+
► Every high court (whether exclusive or common) consists of
such other judges as the
Thus, the Constitution does not specify the president may from time to
strength of a high court and leaves it to the time deem necessary to
discretion of the president appoint
Appointment of Judges

• The judges of a high court appointed by the President.


• The chief justice appointed by the President after consultation with
the chief justice of India and the governor of the state concerned.
• For appointment of other judges the chief justice of the concerned
high court is also consulted
• In case of a common high court for two or more states the governors of
all the states concerned are consulted by the president.
• Oath - Governor
Qualifications of Judges
A person to be qualified for appointment as a Judge of a High Court:
• He must be an Indian citizen.
• Must have served in a judicial capacity in India for at least ten years. or
• For at least 10 years, he must have worked as an advocate in a High Court or two or
more such Courts in succession.

Salaries and Allowances


• The salaries, allowances, privileges, leave and pension of the judges of a
high court are determined from time to time by the Parliament.
• Salary and allowances are charged upon consolidated fund
of India.
• They cannot be varied to their disadvantage after their appointment
except during a financial emergency

Tenure of Judges

• The Constitution has not fixed the tenure of a judge of a


high court
• He holds office until he attains the age of 62 years
• He can resign his office by writing to the president.
• He can be removed from his office by the President on the
recommendation of the Parliament.

Removal of Judges

• a judge of a high court can be removed in the same manner


and on the same grounds as a judge of the Supreme Court.
• No judge of Supreme court has been removed so far.
LET’S REVISE

Which of the following statements is not true?

a) The institution of High Court in India was first formed in 1862


b) Article 214 to 231 of the Indian constitution envisages about the powers of the High Court
c) Only Delhi is a Union territory which has its own High Court
d) Only Parliament determines the number of judges in the High Court

Ans. D

Who does not participate in the appointment of the High Court Judge?
(A) Governor of the State
(B) Chief Minister of the state
(C) Chief Justice of the High Court of the respective state
(D) President of India

Ans. B

On which ground a High Court Judge can be impeached?


(A) Proven misconduct
(B) Incompetence
(C) Both a and b
(D) None of the above

Ans. C

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