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 years, 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

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 [arr] 90,000
• Others [arr] 80,000
• From consolidated fund of State

Oath [arr] 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 cannot 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 [arr] 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

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 [arr] have their own funds

Revenue courts

• Land Revenue [arr] 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 1^st 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.