The president either approves the names or returns the names for reconsideration of the Supreme Court. In general, they are subordinate to the Supreme Court. If a case is pending before a subordinate court and the High Court is satisfied that it involves a substantial question of the constitutional law, it can take up the case and decide it itself. What are the functions of the Special Court? When a judge is appointed as Chief Justice he is generally transferred to another HC. These situations may be generated through the inability of financial or territorial jurisdiction. the defendant or one of the several defendants resides or has his place of business; the facts on which the proceedings are based exist or are alleged to have occurred; or. The proposal of NJAC to replace the collegium system was struck down by SC and after that, the executive is working on a New Memorandum of Procedures to reform the collegium system. The writ jurisdiction of both the High Court and the Supreme Court is a part of the basic structure of the Constitution. The retired permanent judges of High courts are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts. These records are used with high authority and their truth cannot be questioned. (b) Matters of admirality, will, marriage, divorce etc. Like the Supreme Court, the High court has original jurisdiction in matters of enforcement of fundamental rights, admiralty, will, marriage, divorce, company laws and contempt of court. But normally the high courts are involved in the appeals raised in the cases of lower courts with the writ petitions as conferred in Article 226 of the Constitution of India. Required fields are marked *. The High Court can issue Writs in the nature of Habeas Corpus, Mandamus, Prohibition, and Quo-warranto Certiorari; for the enforcement of fundamental rights. The area of writ petitions is also the sole jurisdiction of high courts.
The aggrieved party due to the order or judgment by immediately below court can appeal against that court in the High Court. In case of selection and transfer of HC judges, the collegium consists of CJI, 2 senior-most judges of the SC and CJ of the concerned High Courts. High Court of Justice, in England and Wales, court system centred in London and comprising three divisions of both original and appellate jurisdiction, mostly in civil matters and only occasionally in criminal cases. Further, He should have held a judicial office in the territory of India for ten years or. should have been an advocate of the High court(s) for ten years. What power does the Sessions Court have? They are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts with other different courts of the districts. There are 24 high courts in India taking care of the regional juridical system of India out of which Kolkata High Court is the oldest. These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts. The High Court also has the power to examine record of proceedings transmitted to it by the Subordinate Courts on any question, which arises as to the effect of any provision of the Constitution. They are run by Article 141 of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. These transfers are done to avoid instances of favoritism. There is no minimum age fixed for High Court judges, and unlike in Supreme Court, there is no provision for appointment of a distinguished jurist as a judge of a high court. HC and Subordinate Courts use its decisions/judgments as laws and decide the cases before them. any land the ownership of which is disputed is situated. What are the functions of the Court for Children? A court whose proceedings are recorded and available as evidence of the fact, then it is called the court of record.
Original Jurisdiction Of High Court . The Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction till 1973 which was abolished by the Criminal Procedure Code, 1973. If still, the Supreme Court sends the same names president appoints the persons recommended. For instance, the Bombay High Court is located at Mumbai, the capital city of the State of Maharashtra. Even within these categories, cases are further divided for original jurisdiction. What are the jurisdictions of the Sessions Court? The salaries and other expenses of the judges and maintenance of the state high courts are charged from consolidated fund of the state. High courts are the types of courts which are instituted as the courts powered by the constitution with the effect of Article 214 Chapter V of the Indian Constitution. A Judge of the High Courts can be removed from office only for proven misbehaviour or incapacity and only in the same manner in which a Judge of the Supreme Court is removed. The Collegium recommends the names to the law ministry which after scrutinizing send the paper to the president.
Except for High Courts of Kolkata, Chennai, and Mumbai, none has the power to issue the privileged writs. Your email address will not be published. These courts are mainly confined to the jurisdiction of the state, group of states or Union Territory. Current salary of Chief Justice is Rs 2.50 lakh, up from the current Rs 90,000, Current salary of other judges is Rs 2.40 lakh, up from the current Rs 80,000. Powers of issuing Directions, Order or Writs: Your email address will not be published. Writ jurisdiction of the High Court is wider than that of the Supreme Court, because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose. This has been mentioned in the Bombay High court (Original Side) Rules, 1980. Under Article 227 of the Constitution of India, it has the power to transfer the cases from other subordinate courts in the state to itself. However, its jurisdiction covers the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli. Clause XII of the Letters Patent of the High Court empowers the High Courts at Bombay, Calcutta and Madras to try certain suits in the exercise of their Ordinary Original Civil Jurisdiction (O.O.C.J) where the claim of the suit exceeds a particular amount and are within the local original territorial jurisdiction of the Court. These are called punishment transferring. In instances of any complaint of corruption or any other charges which does not lead to his impeachment, the judge is transferred to another High Court. Original jurisdiction of high court Indeed lately has been hunted by consumers around us, maybe one of you personally. Pension of retired judges comes from Consolidated Fund of India. All Rights Reserved. Original Jurisdiction of High Court - High court can hear disputes in the first instance for - (a) Disputes relating to the election of members of Parliament and state legislatures. What power does the Magistrates Court have? What are the jurisdictions of the Court of Appeal? As per article 217, the Chief Justice of the High courts is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state. The High courts have the power of superintendence over all courts and tribunals within its territorial jurisdiction except military courts or tribunals. The High Court can frame the required rules to carry out its judicial functions. Courts of original jurisdiction generally include state, district, and county courts, among others. For example, in California, the state Superior Courts hear all types of cases, but each must be heard in the appropriate specialized division.
Thus a court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. The government generally uses the retired higher judiciary judges as heads of various commissions. The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a two-thirds majority of its members present and voting in each house requesting him to remove the Judge. A person to be appointed as a judge of a High court should be a citizen of India.
The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence. (d) Enforcement of fundamental rights of citizens. What is a Court of Appeal? Its decisions bind all courts in India. Reports Of Cases Argues And Determined During The Year 1864 In The High Court Of Judicature. Article 226 empowers the High courts with writ jurisdiction for the enforcement of fundamental rights as well as any other matter within the territory of its jurisdiction.
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