Scribd Logo
Upload

Welcome to Scribd!

  • 124 views

    High Court

    Uploaded by

    Rachel Gray
    High courts are the principal civil courts of original jurisdiction in each state and union territory in India. They were established in 1861 to replace the Supreme Court in the presidencies of Calcutta, Madras, and Bombay. High courts have original jurisdiction over civil and criminal cases and appellate jurisdiction over decisions of lower courts. They also have powers to issue writs to enforce fundamental rights, punish for contempt of court, and supervise subordinate courts. The independence of high courts is protected by rules regarding the appointment and tenure of judges and financial autonomy from the legislative and executive branches.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    High Court

    Uploaded by

    Rachel Gray
    124 views12 pages
    High courts are the principal civil courts of original jurisdiction in each state and union territory in India. They were established in 1861 to replace the Supreme Court in the presidencies of Calcutta, Madras, and Bombay. High courts have original jurisdiction over civil and criminal cases and appellate jurisdiction over decisions of lower courts. They also have powers to issue writs to enforce fundamental rights, punish for contempt of court, and supervise subordinate courts. The independence of high courts is protected by rules regarding the appointment and tenure of judges and financial autonomy from the legislative and executive branches.

    Original Description:

    High court ppt

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    High courts are the principal civil courts of original jurisdiction in each state and union territory in India. They were established in 1861 to replace the Supreme Court in the presidencies of Calcutta, Madras, and Bombay. High courts have original jurisdiction over civil and criminal cases and appellate jurisdiction over decisions of lower courts. They also have powers to issue writs to enforce fundamental rights, punish for contempt of court, and supervise subordinate courts. The independence of high courts is protected by rules regarding the appointment and tenure of judges and financial autonomy from the legislative and executive branches.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    124 views12 pages

    High Court

    Uploaded by

    Rachel Gray
    High courts are the principal civil courts of original jurisdiction in each state and union territory in India. They were established in 1861 to replace the Supreme Court in the presidencies of Calcutta, Madras, and Bombay. High courts have original jurisdiction over civil and criminal cases and appellate jurisdiction over decisions of lower courts. They also have powers to issue writs to enforce fundamental rights, punish for contempt of court, and supervise subordinate courts. The independence of high courts is protected by rules regarding the appointment and tenure of judges and financial autonomy from the legislative and executive branches.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    HIGH COURT

    High court usually refers to the superior court of a country or


    state. In some countries, it is the highest court . In others, it is
    positioned lower in the hierarchy of courts (for example,
    England and India). A person who presides as a judge in such a
    court may be called a "High Court judge".
    The high courts of India are the principal civil courts of 
    original jurisdiction in each state and union territory. However,
    a high court exercises its original civil and criminal jurisdiction
    only if the subordinate courts are not authorized by law to try
    such matters for lack of pecuniary, territorial jurisdiction. High
    courts may also enjoy original jurisdiction in certain matters, if
    so designated specifically in a state or federal law.
    ESTABLISHMENT
    It was in 1858 when on the recommendation
    of the Law Commission, the Parliament
    passed the Indian High Courts Act 1861
    which suggested the establishment of High
    Courts in place of Supreme Court in three
    Presidencies: Calcutta, Madras and Bombay.
    The Charter of High Court of Calcutta was
    ordered in May 1862 and that of Madras and
    Bombay were order in June 1862. Thereby,
    making the Calcutta High Court the first
    High Court of the country.
    The reason for the implementation of
    this act was the need for a separate
    judiciary body for different states.
    The British Government, therefore,
    decided to abolish the then-existing
    Supreme Court and Sadar Adalat
    and replaced it with High Court.
    Certain rules and eligibility criteria were set for the
    appointment of a Judge in any High Court and later
    after independence as per Article 214 of the Indian
    Constitution, it was declared that every Indian state
    must have their own High Court.
    The British created laws were different from the ones
    that were stated in the Indian Penal code and the entire
    legal system of the country changed after the
    independence of the country.
    The Madras High Court in Madras, 
    Bombay High Court in Bombay, Calcutta High Court
     in Calcutta and Allahabad High Court in Allahabad
     are the oldest four high courts in India.
    There are 25 High Courts in India
    Andhra Pradesh is the recent state to have the High
    Court. High Court was established in Andhra Pradesh
    on 1st January 2019.
    FUNCTIONS OF HIGH COURT
    Original Jurisdiction
    The High Courts of Calcutta, Bombay and Madras have original
    jurisdiction in criminal and civil cases arising within these cities.
    An exclusive right enjoyed by these High Courts is that they are
    entitled to hear civil cases which involve property worth over
    Rs.20000.
    Regarding Fundamental Rights: They are empowered to issue
    writs in order to enforce fundamental rights.
    With respect to other cases: All High Courts have original
    jurisdiction in cases that are related to will, divorce, contempt of
    court and admiralty.
    Election petitions can be heard by the High Courts.
    Appellate Jurisdiction
    In civil cases: an appeal can be made to the High Court against a district
    court’s decision.
    An appeal can also be made from the subordinate court directly if the
    dispute involves a value higher than Rs. 5000/- or on a question of fact or
    law.
    In criminal cases: it extends to cases decided by Sessions and Additional
    Sessions Judges.
    If the sessions judge has awarded imprisonment for 7 years or more.
    If the sessions judge has awarded capital punishment.
    The jurisdiction of the High Court extends to all cases under the State or
    federal laws.
    In constitutional cases: if the High Court certifies that a case involves a
    substantial question of law.
    HIGH COURT POWERS

    As a Court of Record


    High Courts are also Courts of Record (like the
    Supreme Court).
    The records of the judgements of the High Courts can
    be used by subordinate courts for deciding cases.
    All High Courts have the power to punish all cases of
    contempt by any person or institution.
    ADMINISTRATIVE POWERS
    It superintends and controls all the subordinate courts.
    It can ask for details of proceedings from subordinate
    courts.
    It issues rules regarding the working of the subordinate
    courts.
    It can transfer any case from one court to another and can
    also transfer the case to itself and decide the same.
    It can enquire into the records or other connected
    documents of any subordinate court.
    It can appoint its administration staff and determine their
    salaries and allowances, and conditions of service
    HIGH COURT AUTONOMY
    The independence of the High Courts can be corroborated by the
    points given below:
    Appointment of Judges: The appointment of judges of the High
    Courts lies within the judiciary itself and is not connected to the
    legislature or the executive.
    Tenure of the Judges: High Court judges enjoy the security of
    tenure till the age of retirement, which is 62 years. A High Court
    cannot be removed except by an address of the President.
    Salaries and allowances: The High Court judges enjoy good
    salaries, perks and allowances and these cannot be changed to their
    disadvantage except in case of a financial emergency. The expenses
    of the High Court are charged on the Consolidated Fund of the
    State, which is not subject to vote in the state legislature.
    Powers: The Parliament and the state legislature cannot cut
    the powers and jurisdiction of the High Court as guaranteed
    by the Constitution.
    Conduct of judges: Unless a motion of impeachment has
    been moved, the conduct of the High Court judges cannot be
    discussed in the Parliament.
    Retirement: After retirement, High Court judges cannot
    hold an office of emolument under the Government of India
    or that of a state. There is an exception to this clause,
    however, when, with the consent of the Chief Justice of
    India, retired judges can be nominated to a temporary office,
    and in the situation of emergencies.

    You might also like