High Courts in India
THE HIGH COURT
The Constitution provides for a High Court in every State which works under the Supreme Court of India. But in some cases, one High Court serves more than one State. For example, the Gauhati High Court serves not only Assam but also the other States of the North-Eastern region.
Composition:
The High Court consists of a Chief Justice and other judges. There is no fixed number regarding the judges of the High Courts. The President may also appoint a qualified person as an additional judge in a High Court for two years.
Appointment:
The judges of the High Court are appointed by the President of India. The President appoints the Chief Justice of a High Court after consultation with the Chief Justice of India and the Governor of the State.
Qualifications: To be a judge of a High Court one must be :
• a citizen of India,
• he must have held for, at least ten years a judicial office in the territory of India or;
• he must been for, at least, ten years an advocate of a High Court.
Tenure:
A judge of a High Court retires at the age of 62 years. He may also resign from his office at any time.
Removal:
The President may remove a judge of a High Court on the ground of “proved misbehaviour” or “incapacity.”
Powers and Functions:
The High Courts have been given three types of powers or jurisdictions, such as, original, appellate and administrative.
Original Jurisdiction —— Under the original jurisdiction, a High Court has the power to issue direction or orders including writs to any person, authority and any government within its jurisdiction against the violation of the Fundamental Rights of the citizens. It has limited original jurisdiction in cases relating to admiralty, will, divorce, marriage, company laws and contempt of Court.
• Appellate Jurisdiction —— Under this jurisdiction, a High Court has the power to hear appeals about civil and criminal cases against the decisions of the lower Courts.
• Administrative Jurisdiction ——
The Constitution provides for a High Court in every State which works under the Supreme Court of India. But in some cases, one High Court serves more than one State. For example, the Gauhati High Court serves not only Assam but also the other States of the North-Eastern region.
Composition:
The High Court consists of a Chief Justice and other judges. There is no fixed number regarding the judges of the High Courts. The President may also appoint a qualified person as an additional judge in a High Court for two years.
Appointment:
The judges of the High Court are appointed by the President of India. The President appoints the Chief Justice of a High Court after consultation with the Chief Justice of India and the Governor of the State.
Qualifications: To be a judge of a High Court one must be :
• a citizen of India,
• he must have held for, at least ten years a judicial office in the territory of India or;
• he must been for, at least, ten years an advocate of a High Court.
Tenure:
A judge of a High Court retires at the age of 62 years. He may also resign from his office at any time.
Removal:
The President may remove a judge of a High Court on the ground of “proved misbehaviour” or “incapacity.”
Powers and Functions:
The High Courts have been given three types of powers or jurisdictions, such as, original, appellate and administrative.
Original Jurisdiction —— Under the original jurisdiction, a High Court has the power to issue direction or orders including writs to any person, authority and any government within its jurisdiction against the violation of the Fundamental Rights of the citizens. It has limited original jurisdiction in cases relating to admiralty, will, divorce, marriage, company laws and contempt of Court.
• Appellate Jurisdiction —— Under this jurisdiction, a High Court has the power to hear appeals about civil and criminal cases against the decisions of the lower Courts.
• Administrative Jurisdiction ——