High Courts and Subordinate Courts of India

The Supreme Court restored the Andhra Pradesh law providing 4% exclusive quota in jobs and educational institutions for backward groups among Muslims. The interim order passed by SC revived the law which was struck down as unconstitutional by a seven-judge bench of the Andhra high court on the 9ground that it violated the constitutional provision forbidding faith-based quota. 

The Kherlanji massacre (or Khairlanji massacre) refers to the 2006 murders of Dalits by menbers of the politically dominant Kunbi Maratha Caste. 14 July 2010, the Nagpur Bench of the High Court commuted the death penalty awarded to the six convicted to a 25-years rigorous imprisonment jail sentence.

The Guwahati High Court was established on 1 March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Guwahati High Court in 1971 by the North East Areas Act, 1971. It has the largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

A Judge of High Court holds the office until he completes the age of 62 years. Neither an additional or an acting judge can hold office beyond the age of 62 years. 

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

The Supreme Court has original, appellate and advisory jurisdiction. 

High courts have original jurisdiction over those cases in which the High Court has authority to hear and decide cases in the first instance. High courts have the appellate jurisdiction to accept appeals against the decisions of District Courts, in civil as well as criminal matters.

On re-organization of the North-Eastern region by the North Eastern Area (Re-organization) Act, 1971, a common High Court was established for the five North-Eastern States namely; Assam, Nagaland, Manipur, Meghalaya and Tripura and the two Union Territories namely Union Territory of Mizoram and the Union Territory of Arunachal Pradesh and called as the Gauhati High Court. Thereafter, when Manipur attained Statehood, Imphal Bench of the Gauhati High Court came into existence on Friday, the 21st day of January 1972.

The high court is the highest court at the state level. Each High Court has jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts is a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. The High Courts are the principal civil courts of original jurisdiction in each state and union territory. 

A Judge of a High Court can be removed by the President on the ground of proved misbehaviour or incapacity on an address of each House of Parliament. Such an address should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting. 

The Constitution of India provides for a legislature in each State and
entrusts it with the responsibility to make laws for the state. The State Legislature can make laws on the subjects of the State List
and the Concurrent List. It can enact any bill on any subject of State
List, which becomes an Act with the signatures of the Governor.
Normally, the Governor acts as a nominal and constitutional head and as
such follows the advice of the State Chief Minister and his Council of
Ministers. But the state legislatures are not allowed to discuss conduct of any High Court judge.

The Calcutta High Court is the oldest High Court in India. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands.

Each High Court consists of a Chief Justice and such other judges as the President of India may appoint from time to time. Besides, the President has the power to appoint additional judges for a temporary period not exceeding two years; an acting judge when a permanent judge is absent or unable to perform his duties.

Writs can be issued for the enforcement of Fundamental Rights by both
the Supreme Court and High Court. To enforce the Fundamental Rights, the
Supreme Court is empowered under Article 32, to issue writs of various
forms. The Article 226 empowers High Courts to issue directions, orders
or
writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari.

A Judge of a High Court can be removed by the President on the ground of proved misbehaviour or incapacity'' on an address of each house of Parliament. Such an address should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting. 

The High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.

The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent to erect and establish High Courts of Calcutta, Madras and Bombay. The High Courts of Calcutta, Madras and Bombay were established by Indian High Courts Act 1861.

The Constitution of India provides for a High Court for each State. There are 24 High Courts in India, including those having jurisdiction over more than one State. Among the Union Territories, only Delhi has a High Court of its own.

The Constitution of India provides for a High Court for each State. There are 24 High Courts in India, including those having jurisdiction over more than one State. Among the Union Territories, only Delhi has a High Court of its own.

Punjab & Haryana shares the same High Court. Common High Court is in Chandigarh as Chandigarh is the common capital of both the states.

In India, no two states have similar conditions of law and order. Law and order in a particular state are determined by different factors like population, culture, the available natural resources, etc. Thus, Constitution leaves the strength of High Court judges to be fixed by the discretion of the President. The President fixes the strength of judges in the High Court depending on the requirements of that state.

Governor is the head of a particular state. The Governors of all the states are appointed by the President. The Governor has different powers like legislative, executive, financial and judicial powers at the state-level which is given by the Constitution. Hence, at the state level, it is the Governor who administers the oath of office to the High Court judges of that state. 

The President holds the authority of transferring judges from one High Court to another High Court. He carries this order after consultation with the Chief Justice of India.

The High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges.

When the Constitution was adopted and enforced in 1950, the age of the retirement of the judges of the High Courts was fixed at 60. However, it was raised to 62 in 1963 according to the 15th amendment of the Constitution.

The Judges of the High Court are appointed by the President. While appointing the judges, the President consults the Chief Justice of India and the Governor of the concerned state. 

Following are the powers of High Court:-

• (1) The power to issue writs or orders for the enforcement of Fundamental Rights or for any other purpose;
  
• (2) The power of superintendence over subordinate courts;
  
• (3)  The power to transfer cases to themselves pending in the subordinate
  courts involving interpretation of the Consti­tution;
  
• (4) The power to appoint officers.
  

A court of record is a court whose acts and proceedings are enrolled for perennial memory and testimony. These records are used with a high authority and their truth cannot be contested. Article 129 of the Indian Constitution makes the Supreme Court the 'court of record. 

The High Court of a State holds jurisdictions throughout the State. The Parliament is empowered to make a provision for a common High Court for two or more States. The parliament may also extend the jurisdiction of a High Court to one or more Union Territories.

The president has the power to appoint the chief justice of High Court.

According to the Article 214 every State has a High Court operating within its
territorial jurisdiction. Parliament has the power to establish a
common High Court for two or more States. For example,
Punjab and Haryana have a common High Court.

Every Judge, permanent, additional or acting, may vacate his office
earlier in any of the follow­ing ways; (i) by resignation in writing
addressed to the President; (ii) by being appointed a Judge of the
Supreme Court or being transferred to any other High Court, by the
President; (iii) by removal by the President on an address of both
Houses of Parliament (supported by the vote of 2/3 of the members
present) on the ground of proved misbehaviour or incapacity,. The mode
of removal of a Judge of the High Court shall thus be the same as that
of a judge of the Supreme Court.

According to the Article 229 of the Constitution, appointments of officers and servants of a High Court are made by the Chief Justice of the High Court.

According to the Constitution of India, the retirement age for a judge of a High Court is 62 years. This was increased from 60 years by the 15th Constitutional Amendment Act.

Justice Leila Seth became the first Indian woman Chief Justice of a State High Court. On 5 August 1991, she became the Chief Justice of Himachal Pradesh High Court. She was also the first woman Judge in Delhi High Court.

The High Court is the Apex court is the State Judicial System. The high court has jurisdiction over a state, group of state and Union territories based on the population and area and effective working of Justice dispensation system.

The Bombay High Court, the chartered High Court is one of the oldest High Court in the country. It's jurisdiction covers the State of Maharashtra and Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. In addition to the Principal seat at Bombay, it has benches at Aurangabad, Nagpur, Panaji (Goa).

the Guwahati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Gauhati High Court in 1971. It has the largest jurisdiction in terms of States then its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

A judge of the supreme court or High court is removed by the Process of impeachment. The President is authorised to remove the judge from his office only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the Parliament. (Majority of the total membership of that House and a majority of not less than two-thirds of the member of that House present and voting).

The Constitution of India says that Parliament may by law constitute a High Court for Union Territory or declare the High Court in any other Territory to be the High Court of Union Territories. The Delhi is the only Union Territory with High Court of its own, other Union territories share High Courts with other state or states.

The Guwahatihati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland, but renamed as Gauhati High Court in 1971. It has largest jurisdiction in terms of States then its area covering the states of Assam, Arunachal Pradesh, Nagaland and Mizoram.

The tenure of a High Court judges is not fixed by the Constitution but they hold office until they attain the age of 62 years. A judge of High Court can resign his office by writing to the President any time after the appointment.

The Bombay High Court, is the chartered High Court and is one of the oldest High Court in the country. It's jurisdiction covers the State of Maharashtra and Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. In addition to the Principal seat at Bombay, it has benches at Aurangabad, Nagpur, Panaji (Goa).

The judges of the High Court are paid such salaries as specified in the Second schedule. They are also entitled to such allowances in respect of leave and pension as Parliament may determine from time to time. Article 221 of constitution of India provides that the salaries, allowances and pensions are charged on the Consolidated Fund of India.

The Madhya Pradesh high court is the High Court of the state of Madhya Pradesh which is located in Jabalpur.

The Gauhati High Court was established on 1st March 1948 after the Government of India Act 1935 was passed. It was originally known as the High Court of Assam and Nagaland but renamed as Gauhati High Court in 1971. It has the largest jurisdiction in terms of States with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

The Uttarakhand State was carved out from erstwhile State of Uttar Pradesh on 09/11/2000. At the time of the creation of the State, the High Court of Uttarakhand was also established on the same day at Nainital. Since that day the High Court is functioning in an old building situated in Mallital Nainital which was known as old Secretariat.

High Court of Kerala came into being from 1st November 1956, with its seat at Ernakulam. Under the state re-organisation Act, 1956 Travancore-Cochin State and Malabar were integrated to form the State of Kerala, on 1st November 1956.High Court of Kerala was thus established on that day. Its territorial jurisdiction extends to the entire State of Kerala and the Union Territory of Lakshadweep.

In the year 1862, there were three High courts established for the first time in India by Queen Victoria during the British rule in the cities of Bombay (now Mumbai), Madras (now Chennai) and Calcutta (now Kolkata). Mumbai, Chennai and Kolkata High Courts are therefore the oldest High Courts in the Indian Judiciary.

The High Court of West Bengal in Kolkata is the oldest High Court in India. It was established on 1st July 1862 under the High Court's Act, 1861. The court has jurisdiction over West Bengal and Andaman and Nicobar Islands.

Maharashtra- Goa shares a common High court which is the Bombay (Mumbai) High Court. The Bombay High Court also includes the Union Territories of Dadra and Nagar Haveli and Daman and Diu along with the states of Maharashtra and Goa under its extent. Bombay (Mumbai) High Court has branches in Aurangabad, Nagpur, and Panaji (capital of Goa).

British India's three presidency towns of Madras (Chennai), Bombay (Mumbai), and Calcutta (Kolkata) were each granted a High Court by letters patent dated 26 June 1862.

The Interim order is the order which is passed when the suit is still pending in the court. The Ad Interim means in the meantime or temporary. Ad Interim stay means the temporary order of injunction passed by the court while the suit is still pending. It is granted when the applicant established that there would be irreparable damage without it or as per the Court require.

A judge of the supreme court or High court is removed by the Process of impeachment. The President is authorized to remove the judge from his office only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the Parliament. (Majority of the total membership of that House and a majority of not less than two-thirds of the member of that House present and voting).

The Gauhati High Court has jurisdiction over Assam, Nagaland, Mizoram, and Arunachal Pradesh and High Court of Hyderabad has jurisdiction over Andhra Pradesh and Telangana. These two High Court's have jurisdiction over one or more states excluding Union Territories. Besides these following High Courts share with states and Union Territories:

The Privy Council was the highest appellate authority of British India for matters arising out of the ordinary law. After the post-independence, the Privy Council was abolished. The Indian constituent assembly passed the abolition of Privy Council Jurisdiction Act 1949 to abolish the jurisdiction of Privy Council in respect of appeals from India and also to provide for pending appeals.  The Supreme court has inherited the jurisdiction of the Privy Council after its abolition. The jurisdiction of the Supreme court under the present constitution is much more extensive than that of the Federal Court and the Privy Council. The Supreme Court is a court of record and can review its own decision. Pre-Constitution Privy Council decisions are binding on the High Court unless it is overruled by the Supreme Court. Supreme Court has the power to overrule the Privy Council decisions and after overruling the decision and not binding.

A civil court handles legal disputes that are not crimes. In civil cases, there is not a prosecution by the government.

As per the Indian Constitution only President has the power of appointments of judges of High Court.

In criminal court, the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty beyond a reasonable doubt, which is a very high standard.

Fixed by the President depending upon the workload.

LCCR/EF is concerned only with civil courts, because they deal with the enforcement of civil rights laws. In a civil suit, one party (the plaintiff) who feels they were harmed brings a complaint against another party (the defendant).

Revenue courts are meant to deal with the revenue related matters of state. Revenue court handle issues such as land ceilings, non-payment of land revenue, tenancy laws, agriculturists and peasants disputes, etc.

The Judges of High court are appointed by the President. The Constitution has not fixed the tenure of a judge of a High Court. The judge of a High Court holds office until he attains the age of 62 years.

The Chief Justice of High Court is appointed by the President after Consultation with the Chief Justice of India and the Governor of the State Concerned. In the appointment of other judges, the Chief Justice of concerned High Court is also consulted.

Under Article 227 it is specifically provided that the High Court has the power of superintendence over all the courts and tribunals throughout its jurisdictional territory, except military tribunals.

Article 360 provides for the imposition of Financial emergency if the President is satisfied that the situation has arisen where the financial stability or the credit of India is in danger. The effect of this emergency can reduce the salary of public servants including the judges of Supreme Court and High Court. 

The Constitution if India provides that every State shall have a High Court operating within its territorial jurisdiction. The composition if the High Courts is that every High Court shall consists of a Chief Justice and such other judges as the President of India may from time to time appoint.

The High Court judges are appointed by President with the consultation of Chief Justice of India and Governor of the concerned state. Article 219 specifically provides that every person who is appointed to be a judge of High Court shall before entering upon his office make and subscribe before the Governor of the concerned State or some other person appointed in that behalf by him, an oath or affirmation.

The sitting judges of High Court are entitled to salaries, allowances and privileges as parliament from time to time determine. The expense of salaries and allowances of the High court judges are charged upon the Consolidated Fund of the State.

The High court is the apex court in State Judiciary in India. Under Article 226 of the Constitution of India, the High court can issue writs for the enforcement of fundamental rights. Article 227 provides for the power of superintendence over all courts by the High Court and It can make and issue rules and prescribe forms to regulate the practice and proceedings in Court.