High Courts of india can be seen as the Supreme Court of any State of a Country. They can be seen as the principal civil court of a State or Union Territory. The High Court is subjected to take the jurisdiction of any particular court only if the subordinate courts are incapable of handling the triviality of that particular matter perhaps because of the lack of their pecuniary, territorial jurisdiction. The flow of judiciary in our country is as follows:
Tehsil – Kotwali
Articles relevant for High Court of India
214-231 deals with the Clauses that a High Court should consider, Let us take a look:
- · 214. High Courts for States.
- 215. High Courts to be courts of record.
- 216. Constitution of High Courts.
- 217. Appointment and conditions of the office of a Judge of a High Court.
- 218. Application of certain provisions relating to Supreme Court to High Courts.
- 219. Oath or affirmation by Judges of High Courts.
- 220. Restriction on practise after being a permanent Judge.
- 221. Salaries, etc, of Judges.
- 222. Transfer of a Judge from one High Court to another.
- 223. Appointment of acting Chief Justice.
- 224. Appointment of additional and acting Judges.
o 224A. Appointment of retired Judges at sittings of High Courts.
- 225. Jurisdiction of existing High Courts.
- 226. Power of High Courts to issue certain writs.
- 226A. [Constitutional validity of Central laws not to be considered in proceedings under article 226.]
- 227. Power of superintendence over all courts by the High Court.
- 228. Transfer of certain cases to High Court.
o 228A. [Special provisions as to disposal of questions relating to constitutional validity of State laws.]
- 229. Officers and servants and the expenses of High Courts.
- 230. Extension of jurisdiction of High Courts to Union territories.
- 231. Establishment of a common High Court for two or more States.
- 232. Article 232 omitted in 1956
o CHAPTER VI – SUBORDINATE COURTS
- 233. Appointment of district judges.
o 233A. Validation of appointments of, and judgments, etc., delivered by, certain district judges.
- 234. Recruitment of persons other than district judges to the judicial service.
- 235. Control over subordinate courts.
- 236. Interpretation.
- 237. Application of the provisions of this Chapter to certain class or classes of magistrates.
The Constitution of India
(i) Each High Court may consist of a Chief Justice and other judges that the President of India appoints from time to time.
(ii) The President can appoint the following:
(a) Additional Judges for a temporary period. This temporary period cannot exceed more than two years.
(b) In the temporary absence of permanent judge of High court, the President of India can appoint an acting judge other than CJI.
(c) The 15th Amendment Act: Neither an additional nor an acting Judge can hold office beyond the age of 62 years.
Tenure of a Judge: The Judge of the High Court may hold the office until the age of 62 years.
Four additional powers of High Court:
(1) It has the power to issue writs or orders for the enforcement of Fundamental Rights
(2) It has the power of superintendence over subordinate courts
(3) It has the power to transfer cases to themselves pending in the subordinate courts
(4) It holds the power to appoint officers.
What is Writ Jurisdiction?
The Writ Jurisdiction states are the directive issued by the Supreme Court and High Courts in India. It is for the enforcement of the fundamental right or legal right of the affected person. It is considered that the Supreme Court and the High Court have concurrency in the enforcement of Fundamental Rights. It doesn’t confer to the High Court’s responsibility of protecting Fundamental Rights as the Supreme Court that is vested with such a power.
Understanding the Clauses of Article 229
1. Appointments of officers and servants of a High Court shall be made by the CJ of the court or such other Judge or officer of the Court.
2. Provision of law made: The legislature of the State are subjected to the conditions of service of Officers and servants of a High Court shall be as that of prescribed by the rules of Chief Justice of the High Court.
3. Administration includes the salary allowance charged upon the consolidation Funds of the State.
The High Court of India
|1862||Bombay||Maharashtra Dadra & Nagar Haveli Goa Daman Diu|
|1862||Kolkata||West Bengal Andaman & Nicobar islands||Kolkata (Bench of Port Blair)|
|1862||Madras||Tamil Nadu Pondicherry||Chennai|
|1866||Allahabad||Uttar Pradesh||Allahabad (Bench at Lucknow)|
|1928||Jammu & Kashmir||Jammu & Kashmir||Srinagar|
|1948||Guwahati||Assam Nagaland Mizoram Arunachal Pradesh||Guwahati|
|2019||Andhra Pradesh||Andhra Pradesh||Amravati|
|1956||Madhya Pradesh||Madhya Pradesh||Jabalpur (Bench-Gwalior and Indore)|
|1958||Kerala||Kerala & Lakshadweep||Ernakulam|
|1975||Punjab & Haryana||Punjab, Haryana and Chandigarh||Chandigarh|
The High Courts of India holds the supreme powers of the judiciary being the judiciary of state. It plays a significant rule in defining the judicial system of the country. It is one such body that ensures the free and fair judgement at local and district levels.
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