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High Court

The document discusses the High Courts in India. It notes that there were originally 3 High Courts established in 1862. Currently there are 25 High Courts, with the most recent being established in Telangana in 2014. The document outlines the jurisdiction and powers of High Courts, including their ability to hear appeals, use writ jurisdiction, and conduct judicial review of state laws and executive actions. It also discusses the appointment process for High Court judges and their tenure.

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11 views2 pages

High Court

The document discusses the High Courts in India. It notes that there were originally 3 High Courts established in 1862. Currently there are 25 High Courts, with the most recent being established in Telangana in 2014. The document outlines the jurisdiction and powers of High Courts, including their ability to hear appeals, use writ jurisdiction, and conduct judicial review of state laws and executive actions. It also discusses the appointment process for High Court judges and their tenure.

Uploaded by

vishalbeniwal1712
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Polity Notes

HIGH COURT
 In 1862, 3 High Courts were established.
(i) Calcutta (ii) Bombay (iii) Madras
 In 1886, Allahabad High Court was established.
 Before 1947, all provinces had a High Court (11).
Article 214: There will be a High Court for every state.
 7th Constitutional Amendment 1956: there can be a common High Court for two or
more states.
 Presently 25 High Courts in India.
 Telangana High Court - 25th.
 2013- 3 new High Courts
(i) Tripura (ii) Manipur (iii) Meghalaya.
 Guwahati High Court: Assam, Arunachal Pradesh, Nagaland, Mizoram.
 Bombay High Court: Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli
 Punjab and Haryana High Court: Punjab, Haryana, Chandigarh.
 Calcutta High Court: West Bengal and Andaman and Nicobar
 Madras High Court: Tamil Nadu, Puducherry
 Kerala High Court: Kerala, Lakshadweep
 Jammu and Kashmir High Court: Jammu and Kashmir, Ladakh.

Appointment of the Judge of a High Court:


 Appointed by- President.
 Consultation-President consults with Chief Justice of India+2 other senior most judges
of High Court
 President also consults with the governor and Chief Justice of the concerned High Court
 Oath- Administered by the Governor.
Tenure-
 can remain on their post till the age of 62 years.
Removal Procedure-
 same as a removal procedure for a judge of Supreme Court.
Eligibility-
 A practicing advocate in any High Court for minimum of 10 years.
or
 A judge in subordinate court for minimum of 10 years.
Article 225: Jurisdiction of High Court.
Original Jurisdiction:

Page No. [1]


Polity Notes
 It means the power of a high court to hear disputes in the first instance, not by way of
appeal. It extends to the following:
 Matters of admiralty, will, marriage, divorce, company law.
 Enforcement of fundamental rights of citizens.
 Disputes relating to the election of members of Parliament and state legislatures.
 Regarding revenue matter or an act ordered or done in revenue collection.
 Cases ordered to be transferred from a subordinate court.
 The 4 High Courts -Calcutta, Bombay, Madras and Delhi , have original civil jurisdiction
in cases of higher value.
 Before 1973, the Calcutta, Bombay and Madras High Courts also had original criminal
jurisdiction also. This was ended in 1973.
Appellate Jurisdiction:
 It hears appeals against the judgements of subordinate courts.
 The decision of single bench of High Court can be challenged in the division bench of the
High Court.
 It can hear appeals in 2 types of matters.
(i) Civil matters: In this both first appeal and second appeal can be made.
 First appeals - on both questions of law and fact.
 Second appeals - in the cases involving questions of law only.
(ii) Criminal matters:
 Appeals from the judgements lie to the High Court if the sentence is imprisonment for
more than 7 years.
 Death sentence (capital punishment) should be confirmed by the High Court.

Article 226: Writ Jurisdiction:


 High Court can issue 5 types of Writs under Article 226.
(i) Habeas corpus (ii) Mandamus (iii) Certiorari
(iv) Prohibition (v) Quo- warranto

Article 215: High Courts to be courts of record


 The judgements High Courts are recorded for perpetual memory and testimony and are
recognised as legal precedents by other courts in the State.
 Other courts cannot review or criticise the judgements of High Court.
 It has power to punish for contempt of court, either with simple imprisonment of 6
months or with fine of Rs 2000 or with both.
Judicial Review:
 High Court can review any act passed by legislature or any orders issued by any execu-
tive authority of Centre or State and if they are against the Constitutional Provisions,
they can be declared null and void.
 These decisions are applicable only within a state.
 High Court can supervise other subordinate courts located within a state.

Page No. [2]

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