Civics /Polity (High Courts – India)

High Courts – India

Indian High court act, 1861

* High courts established at Calcutta, Bombay & Madras

* Constitution states that there shall be HC in every state, but, parliament has the power to establish a common HC for 2 or more states (At present 24 HC for 29 states & 7 UTs)

* Strength of HC is flexible (Unlike SC – which can be increased by parliament)

* President may from time to time appoint judges of HC, keeping in view amount of work before HC

Appointment of High Court Judges

* Initiation of proposal for appointment of judges of HC must invariably be made by CJ of that HC

* Appointment is made with respect to recommendations of NJAC

Composition of the NJAC – 6 members

* Chief Justice of India (Chairperson, ex officio)

* Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio

* The Union Minister of Law and Justice, ex-officio

* Two eminent persons (one of which would be from the SC or ST or OBC or Minority communities or a woman ), for 3 yrs, not eligible for re-nomination, to be nominated by a committee consisting of :

 - Chief Justice of India

 - Prime Minister of India

 - Leader of opposition in the Lok Sabha ( where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha)

Functions of the Commission

* Recommending persons to president for appointment as

 - Chief Justice of India,

 - Judges of the Supreme Court,

 - Chief Justices of High Courts and other Judges of High Courts.

* Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court

* Ensuring that the persons recommended are of ability and integrity

Appointment of Acting CJ, Additional Judges & Ad Hoc Judges – High Court

Appointment of acting CJ :-    By President if CJ is ill or incapable to serve

Appointment of additional judges :- Duly qualified persons as additional judges , for a period of not extending 2 years (when President thinks that there is temporary increase in business of HC)

Ad hoc judges :- CJ of HC with prior permission to President may request retired HC judges to sit & act as a judge of HC for a temporary period

 Tenure of High Court Judges

* 62 Years

* Any dispute regarding the age of judge of HC is decided by President in consultation with CJ of India

Removal of High Court Judges

* HC judge can resign by writing to President; or

* By same removal process as in case of SC judges

Salary of High Court Judges

* CJ → 90,000

* Others → 80,000

* From consolidated fund of State

Oath → before Governor (Unlike before President as in case of Supreme Court)

Qualification for High Court Judges

* Must be citizen of India

* Must have held a judicial office in territory of India for atleast 10 years or

* Must have been an advocate of HC in succession for 10 years

- After retirement a judge of HC can not plead in a court or before any authority in India except in SC or HC other than in which he held office

Jurisdiction of High Court

Original Jurisdiction

* In civil cases with amount > 2000

* In criminal cases, authorised to them by President Magistrates

Appellate Jurisdiction

* All HCs entertain appeals in civil & criminal cases from their subordinate courts.

* They have, however, no jurisdiction over tribunals established by the law relating to armed forces of the country

Writ Jurisdiction

* Jurisdiction to issue writs under HC is larger than the SC.

* SC can issue them only where a FR has been infringed whereas a HC can issue them, not only in such cases but also where an ordinary legal right has been infringed

Administrative & supervisory Functions of HC

* HC supervise & controls the working of courts subordinate to them

* Frame rules & regulations for transactions of their business

* For ex. Transfers, Postings, Promotions etc.

* Not applicable in case of tribunals dealing with armed forces

* “HC acts as court of records & has power to punish its own contempt”

Public interest litigation (PIL) – Appellate Jurisdiction

* Right to entertain PIL cases lies with Supreme Court and High Court only.

* A tool of judiciary to enforce legal & constitutional obligations towards executives & legislatures in interest of public at large

* Basic aim of PIL is to render justice & help in promotion of well-being of public interest (not of individual’s interest → In individual’s case , writ petition for FR)

* Usually, relief provided by court is in form of directions or order of state including compensation to affected parties

- A PIL may also be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. It is a result of judicial activism, not mentioned in constitution or any law enacted by Parliament.

State Judiciary

* High Court

* System of subordinate courts, with HC at apex

- Subordinate Courts → District Courts

- Civil cases → District Judges :- Criminal cases → Session Judges

- Appointed by Governor in consultation with CJ of HC

Lok Adalat (People’s court)

* Legal services authority act, 1987 gave Statuary status to Lok Adalats

* Alternative dispute resolution system developed in India – Works under NALSA

* To provide speedy & economic justice to weaker sections of the society

* Focus in Lok adalat is on compromise, When no comprise is reached, matter goes back to the court

* No advocate, No witnesses examined, No court fee is levied.

* Resolves cases which have not yet gone to courts or are pending in courts

* Established at Central, state & district level → have their own funds

Revenue courts

* Land Revenue → Important source of income for government

* Since India is an agrarian country, therefore disputes relating to land revenue are quite common.

* Each district has separate courts for its land revenue system

* Every dispute relating to land revenue 1st comes before Tehsildar

* An appeal against decision of Tehsildar court lies in court of Deputy commissioner /Collector (DM)

* An appeal against the decision of DM can be made in court of commissioner / Magistrate

* Further appeal can be made in Board of revenue, which forms highest court of land in revenue matters

Full faith & Credit 

* Final judgment or orders delivered by civil courts in any part of the territory of India shall be capable of execution anywhere in India

* Clause only applicable to civil courts not on criminal courts