The High Courts and Subordinate Courts
- The High courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High Courts.The High Court is the highest court at the state level.
- The High Court consists of the Chief Justice and other judges as the President may deem it necessary. There is also a provision for the appointment of ad-hoc Judges. The President consults the Chief Justice of India and the Governor of the State while appointing the Judges of the High Court. Their salaries and allowances are given from the Consolidated Fund of the State.
- Constitutionally, Judges are prohibited from doing legal practice especially after retirement. On grounds of proven misbehaviour or incapacity a Judge of a State High court can be removed (impeachment resolution).
- Writs can be issued in order to enforce Fundamental Rights. High Courts acts as a Court of Record like the Supreme Court of India. They too enjoy the power of judicial review like the Supreme Court of India.
- An appeal to the Supreme Court depends on the certification by the High Court. An appeal can be made in case a Sessions Court awards a punishment for four years or more.
- All High Courts have the power of superintendence over all courts and tribunals of the state. It has the authority to investigate or enquire into the records or other connected documents of any court subordinate to it.
- Union Government took a decision to establish Fast Track Courts in order to cut down judicial delays. The 11th Finance Commission recommended for the creation of Fast Track Courts.
- Most of the litigation cases of the people are decided by the subordinate courts which are at work at the local (district and tehsil) level. These courts are subordinate to the state high court.
- Criminal courts work under the supervision and control of the session judge. Under the session judge there is a judicial magistrate who is usually called the chief Judicial Magistrate (CJM).
- There is network of civil courts at the district level. At the top is the district judge. The session judge when hears civil cases is called the district judge.
- The deputy commissioner heads the hierarchy of revenue courts. He is the collector of land revenue and undertakes land management.
What is the age of retirement for the judges of the High Court?Marks:1
Explanation:The age of retirement for the judges of High Court is 62 years.
A judge of a High Court can be transferred to anotherMarks:1
High Court by the President after consultation with the Chief Justice of India.
Explanation:A judge of a High Court can be transferred to another High Court by the President after consultation with the Chief Justice of India.
Which one of the following is not correct as far as the powers of a High Court are concerned?Marks:1
It can decide disputes arising out of the election of the President of India.
Explanation:Option 3 is incorrect.
A judge of the High Court can be removed from his office on the ground of proved misbehaviour or incapacity byMarks:1
President of India on the recommendation of the Parliament
Explanation:A judge of the High Court can be removed from his office on the ground of proved misbehaviour or incapacity by the President of India on the recommendation of the Parliament.
High court can also issue writs like mandamus, habeas corpus etc. according to the articleMarks:1
Explanation:Articles 32 and 226 are the provisions of the Constitution that together provide an effective guarantee that every person has a fundamental right of access to courts.