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)

The High Courts

  • 1.
    THE CONSTITUTION OFINDIA and PROFESSIONAL ETHICS CIP 81 HIGH COURTS ART.214 - ART.231 C lass # 12 Week :Mar 24-31
  • 2.
    HIGH COURTS [Art.214to 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.
  • 3.
    HIGH COURTS [Art.214to 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.
  • 4.
    HIGH COURTS [Art.214to 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
  • 5.
    HIGH COURTS [Art.214to 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.
  • 6.
    Difference between AttorneyGeneral 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)