Indian Polity “Judiciary of India”
Indian Polity Judiciary of India
- There Shall be a High Court for each state , Though every state of India does not comprise of High Court.
- Every High Court Shall comprise a Chief Justice and Such number of judges as the president may decide from time to time.
- Every Judge of High Court shall be appointed by the president on the recommendation of Chief justice of high Court, Governor, Chief Justice of India and two members from Collegium.
- The Retirement is at the Age of 62 years.
To become a Judge of High Court one should have following qualification-
- Citizen of India
- At least 10 years of Experience in any Judicial Office.
- At least 10 years of Experience as Advocate in High Court.
Removal of High Court-
- He or She may be removed on the like Grounds and Like manners as a Judge of Supreme court is removed.
- High court also possess Original and Appellate Jurisdiction.
- The provision of Writ Jurisdiction is also there. The high Court can issue Writs in the cases of Violations of Fundamental Rights as well as legal rights. Hence, the writ jurisdiction of High Court is Wider than that of Supreme Court.
Miscellaneous points on High court and High Court Judge-
- Parliament can alter /extend/exclude the jurisdiction of High Court to and from a union territory.
- Parliament can establish common High Court for two or more states and Union Territories (UT).
- Parliament can establish separate High Court for a Union Territories (UT).
- There are 24 high courts in the country and 3 of them have Jurisdiction over two or more states.
- A Judge of high court may resign to the president.
- The oath of the office shall be administered by the Governor.
- Salary and other incentives are decided by the parliament and charged upon consolidated fund of State, but pension shall be charged upon consolidated fund of India.
- A high court Judge can be transferred from 1 high court to another.
- A retired High court judge shall not act as advocate in any court except supreme court and other high court.
Public Interest Litigation (PIL)
- It was started in the year 1985 when the chief Justice of India is Justice Bhagwati.
- The PIL can be filed in High Court as well as Supreme Court.
- The PIL can not be filed for personal matters.