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Subjects /Indian Polity / Indian Judiciary : The High Court of India

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INTRODUCTION
18 Mar 2022

Article 214: There shall be a High Court in each state.

The High Court stands at the head of the Judiciary in the State of India.

The Parliament has the power to establish a common High Court for two or more States.

Appointment of Judges

The President of India must consult the following to appoint the judges of that High Court, or he may consult those judges, whom he considers necessary.

  • The Governor of that State.
  • The Chief Justice of that High Court.

Removal of Judges of High Court

  1. The procedure for the removal of the judges of the High Courts is the same as that for the removal of the judges of the Supreme Court.
  2. If the High Court Judge resigns, he should give his resignation to the President.
  3. He can also be removed by the President upon a resolution passed by both the Houses of the Parliament, separately, by a majority of not less than 2/3rd of the members present and voting, on the grounds of proved misbehavior or incapacity.
  4. He can also be removed by the President on the recommendations of the Parliament.

Qualifications of the High Court Judges

  1. He must be a citizen of India.
  2. He must have held a judicial office in the territory of India for 10 years and must be an advocate of the High Court and two or more courts in succession for at least 10 years.
  3. There is no fixed number of judges in the High Court. It shall consist of a Chief Justice and as much judges as the President appoints from time to time.

Jurisdiction and Powers of the HIGH COURT

  • The Original Jurisdiction has been provided only to the Supreme Court, but three High Courts of former Presidency Towns, viz, Bombay, Calcutta and Madras are also provided with the Original Jurisdiction, with respect to admiralty, to probate matrimonial disputes (Priyamvada Birla Case) and in contempt of court cases.
  • In order to enforce with Fundamental Rights, the High Courts can also issue writs. However, in case of writ jurisdiction, the High Courts are more powerful than Supreme Court. The High Courts can issue writs, not only to enforce Fundamental Rights, but also to enforce Legal Rights.
  • The High Courts prescribe the forms in which the books and accounts of the subordinate courts are to be kept. They also prescribe certain rules and regulations for the practice and proceedings of the subordinate courts.
  • They can also transfer the case from one lower court to another.
  • They exercise control over subordinate courts, even in the matters of postings and promotion of the staff, judges, etc.