The High Courts
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The High Courts

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The High Courts The High Courts Presentation Transcript

  • THE CONSTITUTION OF INDIA and PROFESSIONAL ETHICS CIP 81 HIGH COURTS ART.214 - ART.231 C lass # 12 Week :Mar 24-31
  • HIGH COURTS [Art.214 to Art.231] [Art.214]: Head of the State Judicial Administration Comprises of a CJ – Chief Justice and such other justice as the President may from time to time, appoint. Appointment of Judges: [Art.217]: President appoints every judge of a High Court, including the Chief Justice. a) High Court CJ: in consultation with the CJ of India and the Governor of the State. b) HC Judges: in consultation with HC CJ, Governor of the State and CJ of India.
  • HIGH COURTS [Art.214 to Art.231]
    • Term of High Court Judge
    • till 62 years of age.
    • may resign by writing to the President
    • Qualifications of High Court Judge
    • Citizen of India:
    • An advocate of High Court or High Courts
    • for at least 10 years
    • Removal of the High Court Judge [Art.217(1)(b)]
    • By the President on an address by both Houses of Parliament, presented in the same session for proved misbehavior or incapacity.
    • supported by a majority of total membership in each house and also
    • by a 2/3 majority of members of House present and voting.
  • HIGH COURTS [Art.214 to Art.231]
    • [Art.226]
    • Powers of High Court
    • Powers throughout the territories (jurisdiction)
    • To issue directions, order or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto or for any of them,
    • for the enforcement of any of the rights conferred by Fundamental Rights and for any other purpose
    • against any person or authority including in appropriate cases any Govt. within these territories
    • [Art.227]
    • Every Court shall have superintendence (control )
    • Over all courts and tribunals
    • Throughout the territories in relation to which
    • it exercises its jurisdiction
  • HIGH COURTS [Art.214 to Art.231] [Art.228] Transfer of certain cases to High Court HC should be satisfied that A case pending in a court subordinate to it Involves a substantial question of Law As to the interpretation of the Constitution The determination of which Is necessary for the disposal of the case.
  • Difference between Attorney General of India Advocate General of State [Art.76] [Art.165]
    • Appointed by President
    • Qualified to become a Supreme Court judge
    • Holds office During pleasure of President
    • Duty: to give legal advice on matters assigned to him by President
    • Right to speak in both Houses of the Parliament (though not a member of Parliament )
    • Appointed by Governor
    • Qualified to become a High Court judge
    • Holds office During pleasure of Governor
    • Duty: to give legal advice on matters assigned to him by Governor
    • Right to speak in both Houses of the State Legislature (though not a member of legislature)