High Courts in INDIA(Total Number of High Courts in INDIA, Composition, Judges and Power)
High Courts In INDIA
( Total Number of High Courts in INDIA , Composition, Judges and Power)
ABSTRACT
The highest court in a state is known as the High Court. Each State of India shall have one High Court, as stated in Article 214. However, Article 231 also stipulates that two or more States and a Union Territory, may have a common High Court. The provisions of the High Courts in India are covered under Articles 214 to 231 of the Indian Constitution. There are currently 25 High Courts in India, and six that are governed by several States or UTs. Delhi has a High Court of its own, making it a Union Territory. A Chief Justice and other justices are required to be appointed by the President of India for each High Court. Judges are appointed in accordance with Article 217. Judges of the High Court can be removed, nonetheless, according to a certain process.
INTRODUCTION
In every state and union territory of India, the High Court of India is the top court with appellate authority. The Indian judicial system is a type of integrated system of law. Courts are arranged in a hierarchy. The Supreme Court of India is at the top, and the High Courts work under the Supreme Court. If expressly stated by the Constitution, State legislation, or Union legislation, High Courts may have initial jurisdiction over some cases. High copurt oversees a state's many inferior courts. Appeals from lower courts and writ petitions filed in accordance with Articles 226 and 227 of the Constitution make up the majority of the High Court's workload. The oldest High Court in India is the Calcutta High Court, which was founded in 1862. In the same year, the high courts in Bombay and Madras were also formed. The Telangana Court and the Andhra Pradesh High Court, both of which were founded in 2019, are the two newest High Courts. Unlike the Supreme Court, the President of India determines the number of justices for high courts rather than Parliament. Every state in India has a High Court, according to the Constitution.
CREATION OF HIGH COURT
The Indian High Court Act of 1861
The Crown was given permission by an act of the British Parliament to establish High Courts in Indian colonies. By letters patent, Queen Victoria established the High Courts at Calcutta, Madras, and Bombay in 1862. These High Courts would later serve as the model for High Courts in contemporary Bangladesh, Pakistan, and India. The Act, which consolidated the competing legal frameworks of the Crown and the East India Company, was passed following the Indian Rebellion of 1857.
KEYWORDS RELATED TO HIGH COURTS IN INDIA
Tribunal – Regardless of whether it has the word "tribunal" in its name, anyone operating in a judicial capacity is referred to as a tribunal. A lawyer presenting before a court with only one judge present, for instance, could refer to that judge as "their tribunal."
Permanent Bench – One or more High Court judges serve on a permanent bench, which is made up of individuals who sit all year long in a location other than the High Court's permanent seat.
Circuit Bench –A circuit bench is used in remote regions when there aren't enough cases to warrant a full-fledged permanent bench. As a result, a few justices visit certain regions once or twice a year to decide all of the High Court appeals from that region.
Division Bench – At least two judges hear and decide a case on a division bench.
Full Bench – A court of law with more judges than usual is referred to as having a full bench.
TOTAL NUMBER OF HIGH COURTS INDIA In India, there are 25 high courts in all. Below is a list of all state and union territory high courts, along with their founding year:
COMPOSITION OF HIGH COURT
The Chief Justice of India sits on each High Court of a State or States.
Appoinment of Cheif Justice
A Chief Justice is chosen by the President after consulting the state governor.
The requirements of Article 217 must be followed when a Chief Justice of a High Court is first appointed. According to section 95 of the Jammu and Kashmir Constitution, the Chief Justice of the Jammu and Kashmir High Court shall be appointed. The provisions of Article 222 will apply to Chief Justice transfers between High Courts. According to clause (1) of Article 222 of the Indian Constitution and Article 222(1A) of the Constitution (Application to Jammu & Kashmir) Order, 1954, a Chief Justice may be transferred to and from the Jammu & Kashmir High Court.
The Chief Justice of India would make the initial proposal for the appointment of the Chief Justice of a High Court. To guarantee completion at least one month before the date of anticipated vacancy for the Chief Justice of the High Court, the appointment procedure must be started well in advance. When a Chief Justice is transferred from one High Court to another, the Chief Justice of India will make sure that his successor in office is appointed simultaneously, and typically, the appointment of an interim Chief Justice will not be made for more than one month.
In consultation with the two senior-most Supreme Court judges, the Chief Justice of India would submit his recommendation for the appointment of a puisne Judge of the High Court as Chief Justice of that High Court or of another High Court.
The Supreme Court's most senior colleague, who is familiar with the matters of the High Court where the recommended has been working and whose opinion is likely to be important in determining the candidate's suitability, would also be consulted. Whether the Supreme Court judge who was consulted had that High Court as his or her Parent High Court or had been transferred there from another High Court is irrelevant. The Chief Justice of India will then send his suggestion and the opinions of the Supreme Court Judges thus consulted to the Union Minister of Law, Justice, and Corporate Affairs.
Appointment of Acting Chief Justice
The Union Minister of Law, Justice, and Corporate Affairs would seek the opinion of the relevant State Government after receiving the Chief Justice of India's recommendation. The Union Minister of Law, Justice, and Corporate Affairs will make recommendations to the Prime Minister after receiving input from the State Government, who will then counsel the President over the choice.
The Department of Justice will make the announcement and issue the requisite notification in the Gazette of India as soon as the President approves the appointment.
Appointment of Permanent Judges
According to clause (1) of Article 217 of the Constitution, the President is responsible for appointing the Chief Justice and judges of the High Courts. According to section 95 of the Jammu & Kashmir Constitution, the President is responsible for appointing the judges of the Jammu & Kashmir High Court. A time-bound timetable should be followed for making appointments to the High Court so that they are made well in advance, ideally a month before the predicted vacancy occurs.
The Chief Justice of the High Court must first propose the appointment of a High Court judge.
However, if the Chief Minister wants to suggest a name for someone, he should send it to the Chief Justice for review.
A copy of the Chief Justice's suggestion, along with the full set of papers, should be provided to the Governor at the same time to prevent delay because the Governor is bound by the advice of the Chief Minister who is in charge of the Council of Ministers.
To speed up consideration, a copy of it may also be forwarded to the Chief Justice of India and the Union Minister of Law, Justice, and Corporate Affairs.
The Chief Minister directed the Governor to submit his suggestion to the Union Minister of Law, Justice, and Corporate Affairs as soon as practicable, but no later than six weeks from the day the proposal was received by the Chief Justice of the High Court.
The Union Minister of Law, Justice, and Corporate Affairs shall assume that the Governor (i.e. Chief Minister) has nothing further to add to the plan if the comments are not received within the allotted time frame and act accordingly.
The Chief Justice of India will transmit his suggestion to the Union Minister of Law, Justice, and Corporate Affairs over the course of four weeks. All correspondence between the Chief Justice of India and his colleagues should be done in writing, and the Chief Justice of India will forward all such correspondence to the Union Minister of Law, Justice, and Corporate Affairs.
The Chief Justice of the High Court will request from the candidate (i) a certificate of physical fitness as in Annexure II signed by a Civil Surgeon or District medical officer and (ii) a certificate of date of birth as in Annexure III as soon as the President approves the appointment, according to information provided by the Secretary to the Government of India in the Department of Justice.
Appointment of Additional Judges
Clause (1) of Article 224 of the Constitution allows the President to appoint additional judges.
The State Government must first get the Central Government's approval before creating these extra posts, if the necessity arises. The standard official form should be used for any correspondence pertaining to this.
The process to be followed for appointment will be the same as that described in paragraphs 12 to 18 for the appointment of a permanent Judge after the position has been sanctioned, with the exception that an Additional Judge's medical certificate won't be required.
The Chief Justice of the High Court in question must additionally send the pertinent documents listed in para. 13 above along with the recommendation when an Additional Judge is being considered for confirmation as an Additional Judge for a new term.
In contrast, the Chief Justice of the High Court should not suggest the appointment of an Additional Judge while a permanent vacancy exists in that High Court.
Appointment of Acting Judges
The President may appoint acting judges in accordance with Article 224, paragraph (2) of the Constitution.
These appointments won't be scheduled, nevertheless, for durations shorter than three months unless there are exceptional circumstances.
The identical process outlined in paragraphs 12 to 18 for the appointment of a permanent Judge will be used when the need arises to make such an appointment, with the exception that the Acting Judge will not need to provide a medical certificate.
For obvious reasons, bar members shouldn't often be recommended for appointment as acting judges.
Transfer of judge from one High Court to another
Judges may be transferred from one high court to another in accordance with Article 222, which allows the President to do so after consulting with the Chief Justice of India. Additionally, when a judge is transferred or has been transferred, he must act as a judge of the other high court for the duration of his tenure after the constitution's inception. As a result, he is entitled to receive, in addition to his salary, any compensatory allowance that Parliament may determine by law and, up until that time, any compensatory allowance that the President may fix by order.
Later, in 1977, the K. Ashok Reddy case determined that court review is necessary in cases of arbitrarily transferring judges. Therefore, only the judge who is transferred can raise a locus standi objection.
QUALIFICATION OF JUDGES
A candidate for appointment as a High Court judge must meet the requirements listed below:
He must be an Indian national.
He ought to have ten years of judicial experience. Or he must have ten years of experience as a High Court advocate in practise.
There is no set age restriction for the selection of High Court judges.
However, unlike the Supreme Court, no distinguished jurist is qualified to serve as a judge in the High Court.
TENURE OF HIGH COURT JUDGES
High Court judges are in office until they are 62 years old.
A High Court judge resigns and submits a letter of resignation to the President.
Any High Court judge may be removed by the President if he so chooses and on the advice of the legislature.
A High Court judge is said to resign from his position when he is elevated to the Supreme Court or transferred to another High Court.
SALARY OF HIGH COURT JUDGES
The monthly salary of a High Court Chief Justice is Rs. 90,000. The monthly salary of the other judges is Rs. 85,000.
Judges' compensation is outlined in Article 221 as follows: "The judges of each High court must be paid such salaries as may be set by the Parliament by legislation and, until such time as such provision is so made, such salaries as are indicated in the second schedule."
Every judge is entitled to the allowances and pension rights set forth in the second schedule, as well as any other allowances and pension rights that may from time to time be established by or pursuant to legislation passed by the parliament.
Additionally, the Consolidated Fund of India is billed for their pension. the High Court judges' wages and benefits are governed by the High Court judges (condition of service) Act, 1954. A staff car is a privilege of the judge. He is entitled to compensation if the State Government fails to give him a staff automobile. However, the reimbursement is merely a temporary solution and is not a staff car replacement.
REMOVAL PROCEDURES FOR JUDGES
The High Court judges' removal or impeachment is governed by the Judge's Enquiry Act. Consequently, the reasons for removal are
Demonstrated misbehavior
Disability
According to the removal order passed by each house of parliament with a special majority, or a majority of the entire membership of the house and not less than two thirds of members present and voting, he is removed by the President. The detailed process is discussed below:
The original removal motion must be signed by 50 Rajya Sabha members or 100 Lok Sabha members, and it must be delivered to the speaker or house chairman.
The motion may be approved or disapproved by the speaker.
If approved, a committee would be formed to look into the situation.
The members of the committee as it has been constituted are a renowned jurist, the top justice of the high court, and the chief justice of the Supreme Court.
If the committee finds the judge to be guilty, the issue is brought before the houses.
The motion is then brought to the President for his approval if it receives a special majority vote in each house of the legislature.
The President then issues an executive order to remove the judge. The judge is regarded as no longer in office that day. In actuality, no judge has been expelled thus far.
POWERS AND JURISDICTION OF THE HIGH COURT
The following categories can be used to group the High Court's authority and jurisdiction:
1) Original Jurisdiction
This refers to the applicant's ability to approach the High Court without first filing an appeal. The following situations call for the application of this power:
Conflicts involving members of the state legislature and the parliament.
Concerning divorce, law, contempt of court, and marriage
Protection of essential rights (Supreme Court also has this power)
Cases that have been transferred from another court to this one and have a legal issue.
2) Appellate jurisdiction
The High Courts' appellate jurisdiction includes the following:
If there is at least Rs. 5000 at stake in the case, the High Court would hear an appeal in a civil matter.
In criminal matters, the appeal in which the offender has been given a four-year prison sentence by the Sessions Judge is heard by the High Court.
The High Court must first approve the Sessions Judge's decision to sentence someone to death.
Cases involving constitutional or legal interpretation are heard by the High Court.
Cases involving income tax, sales tax, etc. are heard by the High Court.
3)Writ jurisdiction
According to Article 226 of the Constitution, the High Court has the ability to issue orders, writs, or directives to any person or authority within the regions over which it has jurisdiction, including any government when appropriate.
4) The ability of Superintendence
With the exception of those dealing with the armed forces deployed by the state, the High Court has this authority over all courts and tribunals. Therefore, in using this power, it may :
Demand a response from such courts
May establish general guidelines and form requirements for governing the conduct of such courts' proceedings.
Specify the manner in which any court's officers must maintain their books and accounts.
Resolve costs owed to the sheriff's officers, clerks, and attorneys.
This authority to oversee the lower courts is unrestricted by the constitution and may be exercised suo moto as well as by personal appeal. Since it validates the earlier rulings, it is of the nature of modification. This is because the Supreme Court does not have the same authority as the High Court, making it a distinctive function.
5) Control over inferior court
The aforesaid supervisory and appellate jurisdiction is expanded by this. It says that if a matter involves a significant legal question, the High Court may withdraw it from any subordinate court. The matter may be resolved on its own or resolve the legal issue and be brought back before the same court. The High Court's submission of an opinion in the second instance would bind the lower court. It also covers issues relating to the advancement of the posting, the granting of leave, the transfer, and the punishment of the members therein. In this regard, it names officials and staff who are to be appointed by the Chief Justice or another High Court judge as the Chief Justice may specify.
6) Court of record
This entails documenting high court decisions, hearings, and acts so they can be preserved in perpetuity. These documents cannot be contested further in any court. It has the authority to impose a fine, a single sentence of jail, or a combination of both penalties for contempt of court based on this record.
7) Judicial Review
This authority of the High Court also extends to the ability to judge whether state and federal legislative and executive directives are lawful. It should be emphasised that although our constitution makes no mention of the term "judicial review," Articles 13 and 226 specifically grant the High Court this authority.
8) Extending the High Court's authority to Union Territories
Any union territory may be included in or excluded from the High Court's jurisdiction by law, according to the legislature.
CONCLUSION
In every Indian state and union territory, the high courts have appellate authority at the highest level. Only in cases where the lower courts lack legal authorization do the high courts exercise their original civil and criminal jurisdiction. According to Article 217 of the constitution, the president of India appoints judges for high courts after consulting with the chief justice and the governor of the state. In accordance with articles 226 and 227 of the Indian polity and constitution, writ petitions and appeals from subordinate courts make up the majority of the work done by high courts in India. From state to state, differences exist in the number of judges. They are chosen by the President. The President may order their removal early if both Houses of Parliament request it. It has both appellate and original jurisdiction. It is in charge of defending fundamental rights. It can punish for contempt and is a court of record.Subordinate civil, family, criminal, and revenue courts are located in each district. The High Court of the State hears appeals against rulings from subordinate courts.
REFERENCES
The constitutional law of India, DR.J.N PANDEY
CONSTITUTIONAL LAW OF INDIA, K.C. JOSHI
https://byjus.com/free-ias-prep/list-of-high-courts-in-india
https://www.jagranjosh.com/general-knowledge/high-courts-in-india-1437999248-1
https://www.legalserviceindia.com/legal/article-2802-report-on-working-of-high-court-in-india.html
https://www.writinglaw.com/about-high-court/https://www.careerpower.in/how-many-high-courts-in-india.html
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