The High Courts: Composition and Functions.

Composition, qualifications of judges, appointment, conditions of service.

Powers of the High Court. Jurisdiction – Original and appellate Functions – settlements and disputes,

enforcement f fundamental Rights, advisory, revisory judicial review, court of record.

SJS consists of a HC and the lower courts subordinate to the HC.

Article 214 – HC in each state. Article 231 Constitution: Parliament

can establish a common HC for 2 or more States or UT.

21 HC in the country at present. HC stands at the apex of the judiciary

in the state.

HC consists of a CJ & other judges whose number may be fixed from time to time by the Parliament .

CJ of a HC can call any judge from the subordinate courts to serve in the HC for some time.

Such a judge can be appointed for a period of not more than 2 years. And he cannot hold office after the age of 62 years

Appointed by the President of India in consultation with the CJ of the SC and the Gov of the State concerned.

Other judges of the HC are appointed by the President in consultation with the CJ of India, the Gov of the State and the CJ of the HC of the concerned state.

Should be a citizen of India Should have worked as a Judge in any court in India

for not less than 10 years. OR

Should have worked as an advocate in India for at least 10 years.

OR Should have been a reputed teacher in a law college.

OR Should be a renowned writer in the field of law.

AJ, appointed by President takes charge when a Judge is ill. AJ holds office till the regular judge is fit to resume his duties. Retd Judges of HC may also take charge as AJ of the HC. President may appoint one of the Judges of the HC AS ACJ of

the HC when the CJ is unable to perform his duties or when the office of the CJ of a HC falls vacant.

Hold office till they retire at the age of 65 years or they themselves resign from their offices.

May be removed from his office by the President, through a lengthy procedure laid down in the Constitution.

Can be removed from service on the ground of proven misbehaviour or incapacity by the President only in a joint address by both the Houses of the Parliament.

Must be passed by a majority of the total membership of each House and also by 2/3rds of the members of each House, present and voting.

Are paid monthly salary, also given various allowances and amenities.

Salaries and allowances cannot be reduced during the term of their service except during financial emergency.

Emoluments are met out of the CFI and cannot be put to the vote of the State Legislature.

An act of Parliament determines their pension and rights in respect of leave of absence.

ORIGINAL JURISDICTION APPELLATE JURISDICTION REVISIONARY JURISDICTION ADVISORY FUNCTIONS JUDICIAL REVIEW POWER OF SUPERINTENDENCE POWER TO ISSUE WRITS CUSTODIAN TO THE CONSTITUTION COURT OF RECORDS

ORIGINAL JURISDICTION APPELLATE JURISDICTION REVISIONARY JURISDICTION ADVISORY FUNCTIONS JUDICIAL REVIEW POWER OF SUPERINTENDENCE POWER TO ISSUE WRITS CUSTODIAN TO THE CONSTITUTION COURT OF RECORDS

OJ implies that certain type of cases can be brought to the HC in the first instance without having been heard in the subordinate courts.

HC has original jurisdiction in the following matters.1) In regard to the state revenue and its collection.2) In regard to admiralty. wills, marriage laws, company

laws, and contempt of court.3) HC has original jurisdiction with SC for the

enforcement of the FR guaranteed by the Constitution.

4) HC is empowered to issue writs for the enforcement of these rights.

AJ means that the HC has the power to accept appeals against the decisions of the DC in respect of civil and criminal matters.