11A. High Courts

Are the Distritct courts and Subordinate courts administratively under HC or SC?

1. HC

No of HCs in India

25

Who decides strength of high courts

2. Who appoint HC president

President

Selection process for CJH

Initiation: The proposal for the appointment of a CJHC is initiated by the Chief Justice of India (CJI).

SC Collegium Consultation: The CJI consults a Collegium consisting of the CJI and the two senior-most judges of the Supreme Court.

Specific Consultations:

The Collegium also consults the senior-most judge of the Supreme Court who is conversant with the affairs of the High Court to which the appointment is being made.

The views of the outgoing Chief Justice of that High Court may also be sought.

Executive Role: * The recommendation is sent to the Union Law Minister.

The Law Minister obtains the views of the concerned State Government (the Governor and the Chief Minister).

The proposal then moves to the Prime Minister, who advises the President.

Selection process for HC judge

1. HC collegium - CJH + 2 senior judges sends to state gvt/governor

2. State gvt sends it to Union Law ministry

3. After that Union Law ministry sends it to SC collegium (CJI+2 senior judges) after background check

4. SC then sends to president and president appoints

Qualifications

1. Held judicial office in India for atleast 10 years

2. Advocate of HC for atleast 10 years

Oath is written where

Schedule 3

Age of retirement

62 (unlike 65 for SC judge)

removal of judges procedure

1. grounds

2. procedure

1. Proved misbehaviour or incapcity

2. motion of (100,50)

- speaker/Chairman may accept or reject

- 3 member committee - CJI, CJH, Distinguished jurist

- if approved then voting

Transfer of Judges procedure

1. Collegium

2. grounds

1. CJI + 4 senior judges

2. also consult the CJH of both high courts

3. Public interest

Powers of HC

original Jurisdiction

1. Election disputes

2. revenue matters

3. FRs

4. Original civil jurisdiction

5.Criminal cases

1. MPs, SLAs

2. disputes concerning revenue collection or actions taken by revenue officials

3. Enforcement of FRs

4. Original jurisdiction for civil cases above a certain value

5. Not criminal cases

Write jurisdiction

1. FRs + Other rights

Appellate jurisdiction

1. Civil Appellate

2. Criminal appellate

- if greater than 7 years from sessions or additional sessions our

- death sentence

1. - amount greater than certain limit

- can also appeal for division bench from single judge

- Appeallate from tribunals

2. - then yes

- it must be verified by HC even without appeal

Supervisory powers

Rules of lower courts

Control over Subordinate Courts

1. Consultation role

2. Administrative authority

3. Withdrawl of cases

1. Governor consults HC in posting, promotion, appointment of District judges and recruitment of State judicial service members

2. It manages matters of posting, promotion, leave, transfer, and discipline of judicial officer

3. The High Court may withdraw any case from a subordinate court if it involves a substantial question of constitutional interpretation.

Court of Record

Legal precedents and contempt

HC also have Judicial review