LUXMIKANT POLITY CRUX NOTES-CHAPTER-34

High Court below Supreme Court & above the subordinate courts.

Top position in Judicial administration of a state.

1862→ Calcutta- Bombay – Madras, 1866 – Allahabad H.C

1950→ Existing H.C of province in British India came to own H.C.

Art-214→ each high court for a state. But by 7^th CAA 1956→ Common H.C for two are many state or Union Territory (UT).

At Present→ 25 H.C, 3 are common (Delhi is the only UT-its own (since 1966).

Judges

CJ(HC) → Consultation with CJI + Governor

Other Judges→ Concern of CHJ Consisted.

Common HC of 2 or more state, govt of all concerned by President.

99^th CA 2005→ NJAC unconstitutional and void.

No minimum age

No provision of Eminent Jurist.

Age 62

Resign

President on (Parl. recommendation)

On appointed as judge of SC or other judges.

J (HC) – 2,25,000

Pension from – CFI

On transfer entitled to receive extra salary.

Previous consent of POI + appointed person.

2.       They have a security of tenure and can be removed only by the President.

3.       They have a fixed salary condition determined by the Parliament

4.       Salaries and allowances are charged to the consolidated fund of India and not to the state.

5.       Conduct of judges cannot be discussed.

6.       Ban on practice after retirement.

7.       Power to punish for its contempt

8.       Separation from the executive.

9.       Jurisdiction cannot be curtailed by Parliament or state legislature.

Protector of FR, interpret the Constitution.

At present, a high court enjoys the following jurisdiction and powers:

1.       OriginalJurisdiction

·         Matter of admiralty, will marriage, divorce, company law & contempt of court.

·         MP + ML election, Dispute regarding Revenue FRs.

2.       WritJurisdiction

·         Art 226 empower H.C to issue writs

·         Habeas corpus, mandamus, certiorari, prohibition and quo- warrento.

·         If HC issue any writs to any person authority & govt not only within territorial but outside territorial Jurisdiction, If the cause of action within Jurisdiction (territorial).

3.       Appellate Jurisdiction:

·         Primary court of appeal.

·         Has both civil and criminal matter appellate jurisdiction

·         Appellate jurisdiction is wider than original jurisdiction

4.       Supervisory jurisdiction:

·         Power of superintendence over all courts and tribunals functioning in its territorial jurisdiction.

·         Except military courts and tribunals.

5.       Court of record.

6.       Power of judicial review:

·         Power had been curtailed by the 42^nd amendment act of 1976

·         added by 43^rd amendment act of 1977