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HIGH COURT (ARITCLE 214-231)

Chahal's Gyan Ki Baat

HIGH COURT (ARITCLE 214-231)

WHAT IS JUDICIAL SYSTEM OF INDIA?

  • The Judiciary system of India is law and rules stated for the welfare of citizens.
  • It is responsible to ensure and re-enforce law and order. 
  • The court has the power to make decisions and also enforce the law, solve disputes. 
  • Judiciary system consists of Judges and other magistrates.

COMPONENTS OF JUDICIAL SYSTEM OF INDIA

  • The Indian constitution is the source of law in India and also the supreme law of India.
  •  Judicial System of India consists of
    • Supreme Court
    • High Court
    • District Court
    • Subordinate Court

ARTICLES RELATED TO JUDICIARY

  • Supreme Court: Article 124 to 147
  • High Court: Article 214 to 231
  • Subordinate Courts: Article 233 to 237
  • Note: At Present, there are total 25 High Courts in India.

ORGANISATION & HISTORICAL BACKGROUND OF HIGH COURT

  • 1866: Allahabad High Court was established.
  • Numbers of each High Court Judges is decided by the Governor of the respective state.

TERRITORIAL JURISDICTION OF HIGH COURT

  • 7th Constitutional Amendment, 1956: Establishment of a common HC for 2 or more states/UT.
  • Bombay High Court: Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.
  • Chandigarh High Court: Punjab, Haryana, Chandigarh.

HIGH COURT JUDGE QUALIFICATIONS

  • Indian Citizenship
  • He should have been in Judicial Office for 10 years. 
  • He should have been an Advocate in High Court for 10 years.

APPOINTMENT OF HIGH COURT JUDGES

2nd Judge Case, 1993

  • SC ruled that no appointment of a judge of the high court can be made, unless it is in conformity with the opinion of the CJI.
  • 3rd Judge Case, 1998: The sole opinion of CJI alone doesn’t constitute.  But, CJI should consult a collegium of two senior-most judges of SC. 

JURISDICTION AND POWERS OF HIGH COURT

  • It is the highest court of appeal in the state.
  • It is the protector of the Fundamental Rights of the citizens.
  • It is vested with the power to interpret the Constitution.
  • At present, a high court enjoys the following jurisdiction and powers:
    1. Original jurisdiction
    2. Writ jurisdiction
    3. Appellate jurisdiction
    4. Supervisory jurisdiction
    5. Control over subordinate courts
    6. A court of record
    7. Power of judicial review

 

Note: High Court judge Oath: By Governor

Retirement Age: 62 Years