Constitution of High Court

Constitution of the high courts in the states

In each state and union territory, the High Tribunals of India are the primary civil courts with original jurisdiction. A high court’s original civil and criminal jurisdiction, on the other hand, is exercised only when the subordinate courts are not permitted by law to handle such cases due to a lack of monetary or geographic authority. If specified specifically in a state or federal legislation, high courts may also have original jurisdiction in certain issues.

A district and sessions judge preside over each court district in each state. While presiding over a civil matter, he is known as district judge, and when presiding over a criminal case, he is known as session’s judge. Below a high court judge, he is the highest judicial authority. Below him are civil jurisdiction courts, which go by different names in different states. All Indian courts, including high courts, are bound by the Supreme Court of India’s judgements and decisions under Article 141 of the constitution.

The President of India, in conjunction with the Chief Justice of India and the governor of the state, appoints judges to the high court. A chief justice is in charge of the high courts. On the Indian order of precedence, chief justices are ranked fourteenth (inside their respective states) and seventeenth (outside their respective states). The number of judges in a court is determined by dividing the average number of main cases instituted in the previous five years by the national average, or by dividing the average rate of main case disposition per judge per year in that High Court, whichever is higher.

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The Calcutta High Court, which was founded on July 2, 1862, is the country’s oldest high court. Permanent benches have been established in high courts that hear a large number of cases from a specific region. Benches can also be found in states that fall under the jurisdiction of a court that is not located within its geographic bounds. Circuit benches may be established in smaller states with fewer cases. Circuit benches (also known as circuit courts in some countries) are transitory courts that hold sessions for a few months each year. As a result, matters that have accumulated during this interim period are heard when the circuit court is in session.

Articles 214, 215, and 216 of the Constitution of India 1949 define High Courts for States, High Courts as courts of record, and the Constitution of High Courts.

This article contains the following provisions:

“High Courts for States” is defined in Article 214 of the Indian Constitution.

Each state will have its own High Court.

“High Tribunals shall be courts of record,” says Article 215 of the Indian Constitution.

Every High Court will be a court of record with all of the powers of a court of record, including the ability to penalise for contempt of court.

The “Constitution of High Courts” is defined under Article 216 of the Indian Constitution.

Every High Court shall be composed of a Chief Justice and as many other Judges as the President may think necessary from time to time.

The High Court’s jurisdiction and powers

The High Court’s powers and jurisdiction can be divided into the following categories:

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1) Original Jurisdiction—this means that the applicant can apply to the High Court without having to go through the appeals process. This power is put to use in the following situations:

  • Disputes originating from relationships with members of Parliament and state legislatures.
  • Marriage, law, admiralty divorce, contempt of court, and so on
  • Fundamental rights enforcement (Supreme Court also has this power)
  • Cases that have been transferred from another court and have a legal issue.

2) Writ Jurisdiction– According to Article 226 of the Constitution, the High Court has the ability to issue directions, orders, or writs to any person or authority within the regions over which it has jurisdiction, including, in suitable situations, any government.

3) Jurisdiction of the Appellate Court– The high court is said to be the principal court of appeal, meaning it has the authority to hear appeals from lower courts within its jurisdiction. This authority can be divided into two types: civil jurisdiction and criminal jurisdiction.

It has authority over the orders and judgments of the district courts, extra district courts, and other subordinate courts in civil disputes.

In criminal proceedings, it has authority over sessions court and supplementary sessions court verdicts. These cases should involve a term of more than 7 years in prison, as well as confirmation of any death sentence handed down by a session court before execution.

4) Superintendence Power –Except for those dealing with the state’s armed forces, the High Court has this authority over all courts and tribunals. As a result, while exercising this power, it may –

  • Inviting such courts to return
  • May establish general rules and norms to govern the practise and proceedings of such courts.
  • Require the officers of any court to keep books and accounts in a specific format.
  • Resolve fees owed to sheriff clerks, police, and legal counsel.
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This power of superintendence over subordinate courts is unrestricted by the constitution; it can be exercised not only through a person’s appeal, but also suo motto. It is a type of revision in that it confirms previous decisions. In this regard, it is seen as a unique job because the Supreme Court lacks similar authority over the High Court.

Judges are removed using the following procedure:

Judges of the High Court can be removed or impeached under the Judges Enquiry Act. As a result, the reasons for removal are as follows:

  • Misconduct that has been proven
  • Impossibility

He is removed by the President in accordance with a removal order passed by each house of parliament with a special majority, i.e. a majority of the total membership of the house and not less than two-thirds of members present and voting. The first removal motion must be signed by 100 Lok Sabha members or 50 Rajya Sabha members and forwarded to the speaker or chairman of the parliament.

Author: Ankita Sharma,
Sharda University

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