INTRODUCTION
In India, the judiciary is divided into two parts - the Union Judiciary and the State Judiciary. The High Court is a part of the State Judiciary and is one of the most important institutions of justice in the country.
Each state in India has its own High Court, which serves as the highest court in that state. The High Courts are established under Article 214 of the Constitution of India, and their powers and jurisdiction are defined under Articles 225-241 of the Constitution.
The High Courts have both original and appellate jurisdiction. They have the power to hear and decide cases that are filed for the first time and also hear appeals from lower courts. The High Court also has the power to issue writs, which are orders given by the court to enforce the fundamental rights of the citizens.
The High Court judges are appointed by the President of India, after consultation with the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of the High Court. The judges hold their office until they attain the age of 62 years.
The High Court is responsible for upholding the rule of law and protecting the fundamental rights of citizens. It also plays an important role in interpreting the laws and the Constitution of India. The High Court is an important institution of justice in India, and it serves as a crucial link between the citizens and the judiciary.
COMPOSITION
- The High Court is composed of judges who are appointed by the President of India. The composition of the High Court varies from state to state, and the number of judges in each High Court is determined by the Governor of the concerned state, after consulting with the Chief Justice of India.
- The High Court judges are appointed from a pool of lawyers who have been practicing law for at least ten years, or from the judges of subordinate courts who have served for at least ten years. The appointment of judges to the High Court is made after consulting with the Chief Justice of India, the Governor of the concerned state, and the Chief Justice of the High Court.
- The Constitution of India provides for a maximum and minimum number of judges for each High Court. The maximum number of judges for a High Court is determined by the President of India, after consulting with the Chief Justice of India and the Governor of the concerned state. The minimum number of judges is fixed by the Constitution of India itself.
- To be eligible for appointment as a judge of a High Court, a person must be a citizen of India and have served as a judge of a subordinate court for at least 10 years or practised as an advocate in a High Court for at least 10 years.
- The judges of the High Court are appointed for a term of service until they attain the age of 62 years. However, they can be removed from office only through an impeachment process, which is initiated by the Parliament of India.
- The Chief Justice of the High Court is appointed by the President of India, after consultation with the Chief Justice of India and the Governor of the concerned state. The Chief Justice of the High Court is responsible for the overall administration of the High Court and the appointment of judges to the High Court.
- The High Court also has additional judges, who are appointed for a temporary period of two years, to handle the backlog of cases. The appointment of additional judges is made by the President of India, after consulting with the Chief Justice of India and the Chief Justice of the High Court.
FUNCTIONS AND ROLE
The High Court is one of the most important institutions of justice in India, and it performs various functions and roles in the administration of justice. Some of the key functions and roles of the High Court are as follows:
- APPELLATE JURISDICTION : The High Court has appellate jurisdiction over the decisions of lower courts, tribunals, and other judicial bodies within its jurisdiction. It hears appeals against the judgments of the subordinate courts and tribunals and has the power to reverse, affirm or modify such judgments. The appellate jurisdiction of the High Court ensures uniformity and consistency in the application of laws within its jurisdiction.
- ORIGINAL JURISDICTION : The High Court also has original jurisdiction in certain matters, which means that it can hear and decide cases that are filed for the first time. For example, the High Court has original jurisdiction in cases involving the enforcement of fundamental rights and cases involving disputes between the state government and the central government.
- CONSTITUTIONAL INTERPRETATION : The High Court plays a vital role in interpreting the Constitution of India. It has the power to interpret the provisions of the Constitution and to declare any law or executive action inconsistent with the Constitution as void. The High Court’s interpretation of the Constitution serves as a guiding principle for lower courts, and its judgments are binding on all the subordinate courts within its jurisdiction.
- JUDICIAL REVIEW : The High Court has the power of judicial review, which means that it can review the decisions of the executive and legislative branches of government to ensure that they are within the limits of the law and the Constitution. The High Court can strike down any law or executive action that is found to be unconstitutional or in violation of the fundamental rights of citizens.
- PROTECTION OF FUNDAMENTAL RIGHTS : The High Court is responsible for protecting the fundamental rights of citizens enshrined in the Constitution of India. It can issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to ensure that the fundamental rights of citizens are protected. The High Court’s role in protecting the fundamental rights of citizens is crucial in maintaining a just and democratic society.
- ADMINISTRATION OF JUSTICE : The High Court is responsible for the overall administration of justice within its jurisdiction. It supervises the functioning of the subordinate courts, tribunals, and other judicial bodies within its jurisdiction to ensure that justice is delivered efficiently and effectively. The High Court also has the power to transfer cases from one subordinate court to another, to expedite the disposal of cases.
CONCLUSION
In conclusion, the High Court is a crucial institution of justice in India that performs various important functions and roles. It has appellate jurisdiction over the decisions of lower courts and tribunals, original jurisdiction in certain matters, and the power of judicial review and constitutional interpretation. The High Court also plays a vital role in protecting the fundamental rights of citizens and ensuring the administration of justice within its jurisdiction. Its judgments serve as a guiding principle for lower courts, and its role in upholding the rule of law and democratic values is crucial for a just and fair society.