High Court: Organization, Powers and functions

<2/”>a >The India High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India, which was established under the Government of India Act 1935.

Art-214 of the constitution provides that, “There shall be a High Court for each state” Art-231 further provides that , “Parliament may by law establish a common High court for two or more states and a union territory.” At present for example there is a common High court for the states of punjab, Haryana and Union Territory of Chandigarh. Similarly. There is Common High court for Assam, Nagaland, Manipur, Meghalaya, Tripura and Mijoram.

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—

(a) has for at least ten years held a judicial office in the territory of India; or

(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in SUCCESSION;

A High Court judge may be removed before he or she attains the age of 62 years, only on the ground of incapacity or proved misbehaviour. He or she may be removed if both the Houses of Parliament adopt a resolution by a majority of their total membership and by two thirds majority of members present and voting, separately in each House in the same session. Such a resolution is submitted to the President, who then can remove the concerned judge.

The jurisdiction of the High court can basically be divided into-

(a) Original Jurisdiction and  (b) Appellate Jurisdiction

(a) Original Jurisdiction:The original jurisdiction of the High Courts is very limited.

(i) Cases related to Fundamental Rights.(Can even issue writs for legal rights)

(ii) Constitutional jurisdiction.

(iii) Power of Judicial Review

(iv) The cases related to matters such as will, divorce, Contempt of Court.

(v) Election disputes.

(b) Appellate Jurisdiction:When a High Court hears an appeal against the decision of a lower court, it is called Appellate Jurisdiction.The High Court can hear appeals against the decisions of the lower Courts in the following cases:

(i) Civil cases

(ii) Appeals in revenue cases against the decision of the revenue board.

(iii) In cases related to succession,insolvency, patent, Design etc.

2. appeal in criminal cases-

(i) If the session judge has awarded imprisionment for seven year or more.

 (ii) where the session judge has awarded capital punishment.

3. Constitutional Cases– if the high court certify that perticular cases is fit for appeal before itself and involves a substantial question of law.

Administrative powers

  1. It supervises and superintends the working of all the courts subordinate to it.
  2. It makes rules and regulations for the court subordinate to it and cun change such law.
  3. It can transfer any case from one court to another court
  4. It can investigate or enquire in to the record or anotherconnected documentsof any court subordinate to it.

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The High Court is a court of law that is established by the Constitution of India. It is the highest court in a state and has original jurisdiction in civil and criminal cases. The High Court also has appellate jurisdiction over the decisions of lower courts. The High Court is headed by a Chief Justice and has a number of other judges. The High Court is located in the capital city of each state.

The High Court has a number of powers, including the power to:

  • Decide cases
  • Give judgments
  • Oversee lower courts
  • Manage court staff
  • Make rules and regulations
  • Give opinions to the government

The High Court is an important part of the Indian judicial system. It plays a vital role in ensuring that justice is served in the country.

Organization of High Court

The High Court is composed of a Chief Justice and a number of other judges. The Chief Justice is appointed by the President of India on the advice of the Chief Justice of India. The other judges are appointed by the President of India on the advice of the Chief Justice of India and the Chief Minister of the state in which the High Court is located.

The High Court is divided into a number of divisions, each of which is headed by a judge. The divisions deal with different types of cases, such as civil cases, criminal cases, and writ petitions.

Powers Of High Court

The High Court has a number of powers, including the power to:

  • Decide cases
  • Give judgments
  • Oversee lower courts
  • Manage court staff
  • Make rules and regulations
  • Give opinions to the government

The High Court’s power to decide cases is its most important power. The High Court can hear cases that are appealed from lower courts. It can also hear cases that are brought directly to the High Court.

The High Court’s power to give judgments is also important. The High Court’s judgments are binding on lower courts. This means that lower courts must follow the High Court’s judgments when deciding cases.

The High Court’s power to oversee lower courts is also important. The High Court can review the decisions of lower courts and can order them to be changed if they are wrong.

The High Court’s power to manage court staff is also important. The High Court is responsible for hiring and firing court staff. It is also responsible for setting the salaries and benefits of court staff.

The High Court’s power to make rules and regulations is also important. The High Court can make rules and regulations that govern the procedures of the High Court. It can also make rules and regulations that govern the procedures of lower courts.

The High Court’s power to give opinions to the government is also important. The High Court can give opinions to the government on legal matters. The government is not bound to follow the High Court’s opinions, but it often does.

Functions of High Court

The High Court has a number of functions, including the following:

  • Judicial function
  • Administrative function
  • Legislative function
  • Advisory function

The High Court’s judicial function is its most important function. The High Court is the highest court in a state and has original jurisdiction in civil and criminal cases. The High Court also has appellate jurisdiction over the decisions of lower courts.

The High Court’s administrative function is also important. The High Court is responsible for overseeing lower courts and for managing court staff.

The High Court’s legislative function is also important. The High Court can make rules and regulations that govern the procedures of the High Court. It can also make rules and regulations that govern the procedures of lower courts.

The High Court’s advisory function is also important. The High Court can give opinions to the government on legal matters. The government is not bound to follow the High Court’s opinions, but it often does.

Conclusion

The High Court is an important part of the Indian judicial system. It plays a vital role in ensuring that justice is served in the country. The High Court has a number of powers and functions, and it is responsible for overseeing lower courts and for managing court staff. The High Court also has the power to make rules and regulations and to give opinions to the government.

What is a high court?

A high court is a court of law that has jurisdiction over a particular area or region. In some countries, such as the United Kingdom, high courts are the highest courts in the land. In other countries, such as the United States, high courts are intermediate appellate courts.

What are the powers of a high court?

The powers of a high court vary from country to country. In general, however, high courts have the power to hear appeals from lower courts, to try cases involving serious crimes, and to issue injunctions.

What are the functions of a high court?

The functions of a high court also vary from country to country. In general, however, high courts are responsible for ensuring that the law is applied fairly and justly. They also play a role in resolving disputes between individuals and between individuals and the government.

What are the different types of high courts?

There are many different types of high courts, each with its own unique jurisdiction and powers. Some common types of high courts include:

  • Appellate courts: Appellate courts are courts that hear appeals from lower courts. They are typically the highest courts in the land, and their decisions are final.
  • Trial courts: Trial courts are courts that hear cases at the initial stage of the legal process. They are responsible for determining the facts of the case and applying the law to those facts.
  • Constitutional courts: Constitutional courts are courts that have the power to interpret the constitution. They are typically responsible for ensuring that laws are consistent with the constitution.
  • Administrative courts: Administrative courts are courts that hear cases involving government agencies. They are typically responsible for reviewing the decisions of government agencies and ensuring that they are made in accordance with the law.

What are the qualifications for serving on a high court?

The qualifications for serving on a high court vary from country to country. In general, however, judges on high courts are required to be lawyers with many years of experience. They are also typically required to be appointed by the government or elected by the people.

What is the process for appointing judges to a high court?

The process for appointing judges to a high court varies from country to country. In some countries, such as the United States, judges are appointed by the president and confirmed by the Senate. In other countries, such as the United Kingdom, judges are appointed by the Queen on the advice of the Prime Minister.

What is the process for removing judges from a high court?

The process for removing judges from a high court also varies from country to country. In some countries, such as the United States, judges can only be removed for misconduct. In other countries, such as the United Kingdom, judges can be removed for a variety of reasons, including misconduct, ill Health, and retirement.

What are the challenges facing high courts?

High courts face a number of challenges, including:

  • Increasing caseloads: High courts are often faced with increasing caseloads. This can make it difficult for them to hear all of the cases that are brought before them.
  • Budget cuts: High courts are often subject to budget cuts. This can make it difficult for them to hire and retain qualified judges and staff.
  • Public scrutiny: High courts are often subject to public scrutiny. This can make it difficult for them to make unpopular decisions.

What are the future trends for high courts?

The future trends for high courts are uncertain. However, some possible trends include:

  • Increased use of technology: High courts are likely to increase their use of technology in the future. This could include using video conferencing to hear cases, using electronic filing systems, and using Social Media to communicate with the public.
  • Increased specialization: High courts are likely to become more specialized in the future. This could mean that there are separate high courts for different types of cases, such as criminal cases and civil cases.
  • Increased international cooperation: High courts are likely to increase their cooperation with each other in the future. This could include sharing information, exchanging judges, and cooperating on joint projects.

Question 1

The High Court is the highest court in a state. It is a court of appeal and has original jurisdiction in certain cases.

Which of the following is not a power of the High Court?

(a) To hear appeals from lower courts
(b) To issue writs
(c) To try cases involving the death penalty
(d) To decide on the constitutionality of laws

Answer
(c)

The High Court does not have original jurisdiction in cases involving the death penalty. These cases are heard by The Supreme Court.

Question 2

The High Court is divided into several divisions, each of which has a specific area of jurisdiction.

Which of the following is not a division of the High Court?

(a) Civil division
(b) Criminal division
(c) Family division
(d) Constitutional division

Answer
(d)

There is no constitutional division of the High Court. The Supreme Court is the only court in India that has original jurisdiction in cases involving the interpretation of the Constitution.

Question 3

The High Court is headed by a Chief Justice. The Chief Justice is appointed by the President of India on the advice of the Chief Justice of India.

Which of the following is not a qualification for appointment as Chief Justice of a High Court?

(a) A judge of a High Court for at least five years
(b) A judge of the Supreme Court
(c) A person who is qualified to be a judge of the Supreme Court
(d) A person who is not less than 50 years of age

Answer
(b)

A person who is a judge of the Supreme Court cannot be appointed as Chief Justice of a High Court. This is because the Supreme Court is the highest court in the country and the Chief Justice of a High Court is subordinate to the Chief Justice of India.

Question 4

The High Court has a number of judges, who are appointed by the President of India on the advice of the Chief Justice of India.

The number of judges in a High Court is determined by the President of India, in consultation with the Chief Justice of India.

Which of the following is not a factor that the President of India may consider in determining the number of judges in a High Court?

(a) The Population of the state
(b) The volume of litigation in the state
(c) The financial Resources of the state
(d) The number of cases pending in the High Court

Answer
(c)

The financial resources of the state are not a factor that the President of India may consider in determining the number of judges in a High Court. This is because the salaries and allowances of judges are paid by the central government.

Question 5

The High Court has a number of officers and staff, who are appointed by the High Court itself.

The officers and staff of the High Court are responsible for the day-to-day functioning of the court.

Which of the following is not an officer of the High Court?

(a) The Registrar
(b) The Pleader General
(c) The Chief Justice
(d) The Attorney General

Answer
(d)

The Attorney General is not an officer of the High Court. The Attorney General is a government lawyer who represents the government in court.

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