Chapter 33: HIGH COURT
court occupies top position in the judicial
administration of the state.
Parliament can have common high court for two or more
states or states and
UT's. [Ex: Bombay HC over Daman Diu and dadra nagar
haveli, Calcutta HC over
A&N islands, Kerala HC over Lakshadweep islands and
madras HC over Puducherry].
Only Delhi is a
union territory that has a HC. HC has a chief justice
and other judges as the president
may deem necessary to appoint. Constitution doesn’t
determine strength of HC
but leaves it to the President.
appoints chief justice of high court after consulting
CJI and governor of the state or states [in case of
common high court]. For
other judges of that court chief justice of that high
court is also consulted.
for judges of HC:
should have held a judicial office in India for 10 years
2 B) should have been
an advocate of HC for 10 years in succession.
He can be a
judge of the high court till he reaches 62 years of age.
He can be removed by
president on recommendation of parliament. He can resign
by writing to the
Removal of judges [Act
Grounds for removal
are proven misbehaviour or incapacity.
A motion support
removal must be supported by 100 LS / 50 RS members. The
presiding officer may
or may not admit it. If admitted an inquiry committee of
Chief justice of India
or a Supreme Court judge; A Chief justice of high court
jurist checks if judge is guilty; if the committee finds
the judge guilty then parliament
can pass a motion by special majority in both houses. An
address supported by
this motion must be presented to the president on the same
day. Then by a
presidential order the judge can be removed.
President can transfer
the judge of a HC after consultation with chief justice of
Acting Chief Justice:
The president can appoint a HC judge as
acting chief justice in case the vacancy
of office of chief justice OR C.J is temporarily absent or
unable to perform his
Additional or Acting
President can appoint additional judges for a
period of two years if
additional work load is seen or to clear arrears. The
appointees should be duly
qualified. For acting judges the president can appoint
duly qualified people
till the judge is temporarily absent or unable to perform
Retired judges: The
chief justice may with previous consent of president and
the person concerned
a retired judge [of the same HC or other HC] as judge of
the HC. Though such a
person enjoys all privileges and powers he isn’t
considered as a judge of the
appoints judges only after consultation with other
interference is minimum.
of tenure and protection against arbitrary removal
charged on consolidated fund
practise after retirement
as specified can’t be changed for HC and SC by any
jurisdiction with respect to other matters can be
changed by both.
to punish for contempt
of judges can’t be discussed
of High Court:
HC's of Bombay, madras, Calcutta and Delhi have original
civil cases of higher value.
disputes related of parliament and state legislatures.
involving interpretation of constitution.
can issue writs to any person, organisation or authority
for enforcement of
fundamental rights as well as for any other purpose.
Hence it is wider than the
writ jurisdiction of SC.
a court of appeal for civil, criminal cases of
subordinate courts. The
appellate jurisdiction extends to even tribunal orders.
courts have wide supervisory jurisdiction over all
courts and tribunals in its
territorial jurisdiction. Also it has judicial as well
superintendence. It can take suo moto cognisance.
a court of record; it has power of judicial review.
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