Saturday, June 20, 2015

INDIAN POLITY NOTES: HIGH COURT

The High Court is at the apex of the judicial administration of the state. Art 214 of the Constitution provides that there shall be a High Court for each state of the Indian union. But the Indian Parliament is empowered to establish a common High Court for two or more states and to extend the jurisdiction of a High Court to a union territory. Similarly, Parliament can also reduce the area of jurisdiction of a High Court.


The High Court consists of a Chief Justice and some other Judges. The number of judges is to be determined by the President of Indian from time to time. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the state concerned. The procedure for appointing other judges is the same except that the Chief Justice of the High Court concerned is also consulted. 

They hold office until they attain the age of 62 years and are removed from office in the same manner as a judge of the Supreme Court.

Qualification
A person shall be qualified for appointment as a judge of the High Court if 
(a) he is a citizen of India, 
(b) has for at least ten years held a judicial office in the territory of India, or 
(c) has for at least ten years been an advocate of a High Court, or of two or more such courts in succession.

Every judge of the High Court before entering upon his office shall make and subscribe before the Governor of the state, an oath of affirmation in the form prescribed by the Constitution.

Removal of judges
A judge of the High Court shall hold office until he attains the age of 62 years. A judge may resign from his office by writing under his hand to the president of India. He can also be removed by the President of India on the ground of proved misbehaviour or inefficiency if a resolution to that effect is passed by both the Houses of Parliament by a two-thirds majority of the total members present and voting, supported by a majority of the total membership of each house.

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