Tag: legal studies

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.