HIGH COURT

MOHIT BANSAL
HIGH COURT
 ORIGINATED

 1862
 Calcutta, Bombay and Madras
 1866

 Allahabad.
 1950

 high court existing in a province became the high court for the
corresponding state.
 PART VI

 Articles 214 to 231

 The territorial jurisdiction of a high court is co-terminus with the territory
of a state.
 25 high courts
 SEVENTH AMENDMENT ACT OF 1956

 authorised the Parliament to establish a common high court for two or

more states for two or more states and a union territory.
 HIGH COURTS

 > jurisdiction over more than one state.

THREE
UT
 Delhi high court (since 1966).
 THE UNION TERRITORIES OF JAMMU AND
KASHMIR AND LADAKH

 common high court.

 The seat of the court shifts between its summer capital Srinagar and
winter capital Jammu of Jammu and Kashmir.
COMPOSITION
STRENGTH OF A HIGH COURT
PRESIDENT
 IN 2003

 The Union Government has decided to raise the Judge strength of High
Courts to 749, which is an increase by 94 Judges over the present
strength.
PRESIDENT ORDER IN 2014
 The law ministry takes periodic review of judges’ strength in every high
court to facilitate expeditious disposal of case
 LAW MINISTERY

 With a sanctioned bench strength of 1098 judges across all the High
Courts in the country, there are only 645 judges working on the bench,
leaving 453 seats of judges vacant in 25 High Courts.
 QUALIFICATIONS

 Citizen
 judicial official>ten years
 advocate of a high court >ten years.
 CONSTITUTION

 minimum age
NO
 PROVISION

 distinguished jurist as a judge of a high court.

NO
OATH OR AFFIRMATION
 governor
SALARIES AND ALLOWANCES
 Parliament.
THE PENSION OF A HIGH COURT JUDGE
 is charged on the consolidated fund of India and not the state.
IN CASE OF COMMON HIGH COURTS (FOR
MULTIPLE STATES/UTS)
 salaries and allowances are charged on the consolidated fund of the state
in which the seat of the High Court is located.
 TENURE

 62 years
RESIGN
 president.
REMOVAL
 ACTING CHIEF JUSTICE

 The President
 Exercising his powers conferred by Article 223 of the Constitution of India,
the President has appointed acting Chief Justices for the High Courts of
Telangana, Sikkim & Karnataka.
 These appointments have been made keeping in mind that the present
Chief Justices of these four High Courts would be relinquishing the charge
consequent to their appointment as Judges of the Supreme Court of
India.
 Satish Chandra Sharma, senior-most Judge of Karnataka High Court, will
be performing the duties of the Chief Justice with effect from the date
Justice Abhay Shreeniwas Oka relinquishes his post
 ADDITIONAL JUDGES OF A HIGH COURT

 duly qualified persons

 for a temporary period not exceeding two years
THE PRESIDENT-
 WHEN:

 1. there is a temporary increase in the business of the high court;

 2. there are arrears of work in the high court.
 JAMMU AND KASHMIR COURT

 has a judge strength of 17 in which 13 are permanent judges and 4 are

additional judges
 ACTING JUDGE OF A HIGH COURT

 The President -duly qualified person

 WHEN A JUDGE OF THAT HIGH COURT

 absence
 appointed to act temporarily as chief justice of that high court.
 An acting judge holds office until the permanent judge resumes his office.
 President Ram Nath Kovind on Tuesday appointed Justice Munishwar
Nath Bhandari as the actingJustice of Allahabad High Court. a notification
issued by the Department of Justice said
 BOTH

 62 years.
 RETIRED JUDGES

 chief justice of a high court of a state

 previous consent of the President +
 of the person to be so appointed.
 a retired judge of that high court / any other high court to act as a judge of
the high court for a temporary period
 ALLOWANCES

 President
 The Supreme Court said the process to appoint ad-hoc judges can be
initiated if vacancies are more than 20% of the sanctioned strength of the
high court and cases in a particular category are pending for over five
years.
 The court clarified that ad-hoc appointments cannot be a substitute for
regular ones.
 Those appointed judges would get emoluments and allowances on a par
with a permanent judge minus the pension, the top court ordered.
 judges will be entitled to allowance, perks and perquisites as available to
permanent/additional judge(s),
 ORIGINAL JURISDICTION

 contempt of court.
 election of members of Parliament and state legislatures.
 Recently, the Allahabad High Court annulled the election of Mohammad
Abdullah Azam Khan, as a Member of Legislative Assembly (MLA) from
Uttar Pradesh on the grounds of being underage at the time of the
assembly elections (2017).

 The order was passed on a petition which claimed that the candidate was
less than 25 years of age at the time of filing the nomination and hence
was ineligible to contest.
 Regarding revenue matter
 The Maharashtra Revenue Jurisdiction Act, 1876
 admirality
 ADMIRALTY

 concerning activities which occur at sea, including on small boats and

ships in navigable bays.
 ADMIRALTY LAW (MARITIME LAW)

 includes accidents and injuries at sea, maritime contracts and commerce,

alleged violations of rules of the sea over shipping lanes and rights-of-
way, and mutiny and other crimes on shipboard.
 THE ADMIRALTY (JURISDICTION AND
SETTLEMENT OF MARITIME CLAIMS) ACT,2017

 High Court of Indian Coastal states in whose jurisdiction the vessel is

plying will now have Jurisdiction.
 On February 15, 2012, two Indian fishermen returning from a fishing
expedition near Lakshadweep islands onboard fishing vessel St Antony
were gunned down by two Italian marines on board oil tanker Enrica
Lexie.
 The incident occurred around 20 nautical miles off the coast of Kerala.
Shortly after the incident, the Indian Coast Guard intercepted Enrica
Lexie and detained the two Italian marines— Salvatore Girone and
Massimiliano Latorre.
 India argued it had jurisdiction over the case as the two fishermen were
killed without warning just 20.5 nautical miles from Indian coast making
the area part of India’s Exclusive Economic Zone (EEZ).

 The Kerala High Court had earlier observed that through a Government of
India notification in 1981, the IPC had been extended to the EEZ, and
territorial jurisdiction was not, therefore, limited to 12 nautical miles.
 fundamental rights
 KERALA HIGH COURT

 has been pronouncing some of the finest, and measured judgments,while

defending diverse rights of citizens -
 some of these include the
 right to be protected from the economic fallout of the coronavirus
pandemic,
 right to move freely throughout the territory of India,
 right to medical treatment,
 right to essential supplies,
 right to rear animals.
 involving the interpretation of the Constitution
 THE KERALA HIGH COURT

 in a monumental decision has held ‘Right to Internet Access’ as a

fundamental right. The Court declared that the right to have access to
Internet becomes the part of right to education as well as right to privacy
under Article 21 of the Constitution of India.

 The petition was filed by Faheema Shirin, a hostel resident and student of
Sree Narayana College, Chelanur, Kozhikode against the discriminatory
girls’ hostel rules, specifically banning use of mobile phones from 6 PM to
10 PM which restricted them from accessing internet. The petitioner was
subsequently arbitrarily expelled from the hostel on protesting against
the rules.
APPELLATE JURISDICTION
 HIGH COURT

 primarily a court of appeal.

 DISTRICT COURTS, ADDITIONAL DISTRICT
COURTS AND OTHER SUBORDINATE COURTS

 Civil Matters
 Petition came to delhi hc questioning the applicability of The Hindu
Marriage Act, 1955 in respect of a couple belonging to the Meena
community.

 Even though the parties admitted that the marriage was solemnised by
them as per Hindu rites, the wife, in response to a divorce petition filed by
her husband, said the Act did not apply to them because they were
members of a notified Scheduled Tribe in Rajasthan and were thus
covered by exclusion under Section 2 (2) of the Act.
 The trial court agreed with the woman’s submission and summarily
dismissed the petition filed by her husband for divorce.

 However, the High Court said the marriage was conducted as per Hindu
rites and the provision of exclusion was meant only to protect the
customary practices of recognised Tribes.
 “If members of a tribe voluntarily choose to follow Hindu customs,
traditions and rites, they cannot be kept out of the purview of the
provisions of the HMA, 1955.
 Codified statutes and laws provide for various protections to parties
against any unregulated practices from being adopted. In this day and
age, relegating parties to customary Courts when they themselves admit
that they are following Hindu customs and traditions would be
antithetical to the purpose behind enacting a statute like the HMA,
1955,” Justice Singh said
 SINGLE JUDGE

 division bench
CRIMINAL MATTERS
 SESSIONS COURT AND ADDITIONAL
SESSIONS COURT
 if the sentence is one of imprisonment for more than seven years

 death sentence
 decision of the sessions court imposing death warrants against the four
convicts in Nirbhaya case
 Delhi High Court’ upheld it and reject plea to separately execute the
death sentence of the Nirbhaya gang-rape convicts.
 Jharkhand High Courh had upheld trial court order.

 The trial court had in January 2014 held him guilty for the offence of
subjecting a woman to cruelty and sentenced him to 9 year jail.

 The complaint against him was lodged by a woman who alleged that on
being instigated by his first wife, the petitioner had started torturing her
mentally and physically and also made dowry demands.
 SUPERVISORY JURISDICTION

 power of superintendence over all courts and tribunals functioning in its

territorial jurisdiction

 (except military courts or tribunals).

 (a) call for returns from them;
 (b) make and issue, general rules and prescribe forms for regulating the
practice and proceedings of them;
 (c) prescribe forms in which books, entries and accounts are to be kept by
them; and
 (d) settle the fees payable to the sheriff, clerks, officers and legal
practitioners of them.
 The Delhi High Court has advanced the summer vacation of district courts
starting from May 17 to June 16 in view of the “alarming rise” in COVID-19
infections and the toll it has taken on the health and lives of judicial
officers and staff of subordinate judiciary.
 J&K High Court, said Subordinate Courts To Resume Physical Hearing
From July 5, Entry Only To Vaccinated People
 THE SHERIFF

 is an apolitical titular position of authority bestowed for one year on a

prominent citizen of city
 The Sheriff is an officer of the High Court which carries out the orders of
the High Court for summoning people, and also for attachment and
sealing of properties and if ordered for their auction.
 The Sheriff has an office and staff
 POWER

 broad
 BECAUSE

 extends to all courts and tribunals

 SUPERINTENDENCE

 administrative + judicial
 revisional jurisdiction
 suo-motu
 No unlimited authority
 an extraordinary power
 used sparingly
 excess of jurisdiction
 gross violation of natural justice
 error of law,
 disregard to the law of superior courts,
 perverse findings,
 manifest injustice.
 The Punjab and Haryana High Court has dmonished the trial Court for
“defeating the administration of justice” by not listing a bail plea for
hearing for over a year.
 CONTROL OVER
SUBORDINATE COURTS
 (a) It is consulted by the governor in the matters of appointment, posting
and promotion of district judge and other judges
 deals with the matters of posting, promotion, grant of leave,transfers
and discipline of the members of the judicial service of the state (other
than district judges).
 (c) It can withdraw a case pending in a subordinate court if it involves a
substantial question of law that require the interpretation of the
Constitution.
 It can then either dispose of the case itself or determine the question of
law and return the case to the subordinate court with its judgement.
 (d) Its law is binding on all subordinate courts functioning within its
territorial jurisdiction in the same sense as the law declared by the
Supreme Court is binding on all courts in India
PRELIMS PRACTISE QUESTIONS
 Q.1

 Consider the following statements:

 1. The maximum number of Judges in a High Court are specified in the Constitution of India.
 2. Every High Court has a power of superintendence over all courts and tribunals (except
military tribunals) provided they are subject to appellate jurisdiction of the High Court.
 Which of the statements given above is / are correct?
 Only 1
 Only 2
 Both 1 and 2
 Neither 1 nor 2
NEITHER 1 NOR 2
 Q.2

 Consider the following statements:

 A high court has jurisdiction to:
 1. Punish for its contempt
 2. Tender advice on a legal question referred to it by the President of India
 3. Tender advice on a legal question referred to it by the Governor of the State
 4. Issue certain writs for enforcement of Fundamental Rights or for other purposes
 Which of the statements given above are correct?
 1 and 4
 1 and 2
 1, 2 and 3
 2, 3 and 4
1 AND 4
 Q.3
 The transfer of Judges from one High Court to another High Court may be
made by the:
 President of India in consultation with the Chief Justice of that High
Court.
 Chief Justice of the concerned High Court
 Governor of the concerned State in consultation with the Chief Justice of
India.
 President of India after consultation with the Chief Justice of India.
 Ans .President of India after consultation with the Chief Justice of India.
 Q.4
 A retired judge of a High Court cannot:

 Practise in the Supreme Court

 Practise in any High Court in India
 Practise in the High Court from where he retired
 Practise in any court in India has retired
 Ans .

 Practise in the High Court from where he retired

 Q.5
 The writ jurisdiction of the Supreme Court of India under Article 32 of the
Constitution of India is not wider than that of the writ jurisdiction of the
High Courts under Article 226 because the High Courts may exercise this
power in relation to:

 Civil and criminal matters

 Fundamental and other legal rights
 Fundamental rights and matters in appeals
 Fundamental rights and stay matters
 Ans .

 Fundamental and other legal rights

 Q.6
 Who among the following extends the jurisdiction of a High Court to, or
excludes from, any Union territory?

 Parliament by law
 The President of India
 The Chief Justice of India
 Legislature of the State in which the High Court is situated
 Ans .

 Parliament by law
 Q.7
 The nature of ‘consultation’ with the Chief Justice of India in matters of
appointment of a judge to a High Court is correctly described as:

 Inspection of the file by the Chief Justice

 Concurrence of the Chief Justice
 Conformity with the opinion of the Chief Justice
 Formal reference to the Chief Justice without any obligation to carry out
his wishes.
 Ans .

 Conformity with the opinion of the Chief Justice

 Q.8
 Assertion (A): A Habeas Corpus writ petition dismissed by the Supreme Court can
be admitted by the High Court under Art. 226 of the Constitution.
 Reason (R): In exercising writ jurisdiction, the powers of the Supreme Court and
High Court are concurrent.
 Codes:

 Both A and R are individually true and R is the correct explanation of A

 Both A and R are individually true but R is not the correct explanation of A
 A is true but R is false
 A is false but R is true
 Ans .

 A is false but R is true

 Q.9
 Which one of the following statements is not correct?

 The Supreme Court can over-rule itself.

 A High Court can over-rule itself.
 Judgements of the Supreme Court bind the lower courts.
 Judgements of a High Court do not bind the lower courts of the State.
 Ans .

 Judgements of a High Court do not bind the lower courts of the State.
 Q.10
 The High Court having the jurisdiction in judicial matters relating to the
largest number of States / Union Territories is:

 Calcutta High Court

 Kerala High Court
 Bombay High Court
 Guwahati High Court
 Ans .

 Guwahati High Court

 Q.11
 A Judge of a High Court can be removed from office during his tenure by:

 The Governor, if the State Legislature passes a resolution to this effect by

two-thirds majority
 The President, on the basis of a resolution passed by the Parliament by
two-thirds majority
 The Chief Justice of the Supreme Court, on the recommendation of the
Parliament
 The Chief Justice of the High Court, on the recommendation of the State
Legislature
 Ans .

 The President, on the basis of a resolution passed by the Parliament by

two-thirds majority
 Q.12
 The power of judicial review means:

 The power of the courts to define and interpret constitution

 The power of the courts to declare null and void any legislative or
executive act, which is against the provisions of the Constitution
 The power of the judiciary to define and interpret laws
 The power of the courts to legislate when there is no statutory provision
 Ans .

 The power of the courts to declare null and void any legislative or
executive act, which is against the provisions of the Constitution
 Q.13
 Under the provisions of the Constitution of India, who is entitled to be
consulted by the President of India in the matter of the appointments of
the Judges of the High Courts?

 The Union Minister of Law and Justice

 The Advocate General of the State
 The Attorney-General of India
 The Governor
 Ans .

 The Governor
 Q.14
 Under which Article(s) of the Constitution of India, is the power to issue
writs for the enforcement of the Fundamental Rights vested in the
Supreme Court and the High Courts?

 Article 32 only
 Article 226 only
 Article 32 and Article 226 both
 Neither Article 32 nor Article 226
 Ans .

 Article 32 and Article 226 both

 Q.15
 Which of the following are the main jurisdictions of the High Court of a State?
 1. Original jurisdiction
 2. Appellate jurisdiction
 3. Supervisory jurisdiction
 4. Advisory jurisdiction
 Choose the correct answer from the codes given below:
 1, 2 d 3
 2, 3 and 4
 1, 3 and 4
 1, 2 and 4
 Ans .

 1, 2 and 3
 MAINS QUESTION

 Discuss the powers functions and challenges of High Courts in India.

 The High Courts are the highest courts of the respective states in India.
They are established by the Constitution of India and have jurisdiction
over all matters, civil and criminal, arising within the state. The High
Courts also have the power to hear appeals from lower courts within the
state.
 THE POWERS AND FUNCTIONS OF THE
HIGH COURTS ARE AS FOLLOWS:
 Original jurisdiction: The High Courts have original jurisdiction in certain
matters, , writ petitions, and suits for the recovery of land revenue.
 Judicial review: The High Courts have the power to review the
constitutionality of laws and executive actions. This power is known as
judicial review.
 Appellate jurisdiction: The High Courts have appellate jurisdiction over
cases decided by lower courts within the state.
 Administrative jurisdiction: The High Courts have administrative
jurisdiction over the subordinate courts within the state. This includes the
power to appoint and remove judges, to frame rules and regulations, and
to supervise the work of the subordinate courts.
 The High Courts play an important role in the Indian judicial system. They
are the final arbiters of the law within their respective states and their
decisions are binding on all lower courts. The High Courts also play a vital
role in upholding the rule of law and protecting the fundamental rights of
citizens.
 HERE ARE SOME OF THE CHALLENGES
FACED BY HIGH COURTS IN INDIA:
 Lack of adequate infrastructure: The High Courts in India are often
understaffed and lack adequate infrastructure. This can lead to delays in
the disposal of cases and can make it difficult for the courts to provide
timely justice to litigants.
 Overcrowding: The High Courts in India are often overcrowded. This can
lead to delays in the disposal of cases and can make it difficult for the
courts to provide a fair hearing to litigants.
 Corruption: There have been allegations of corruption against some
judges in the High Courts in India. This can undermine public confidence
in the judiciary and can make it difficult for the courts to dispense justice
fairly.
 Despite these challenges, the High Courts in India have played an
important role in upholding the rule of law and protecting the
fundamental rights of citizens. They continue to be an essential part of
the Indian judicial system.
THANK YOU