High Court & Subordinate Courts - Questions and Answers

ANSWER: 1, 2, and 4

Explanation:

• In a state judiciary consists of a High Court and a hierarchy of subordinate courts.


• The High Court is at the top in the judicial administration of a state.


• The institution of High Court originated in India in 1862.


• In 1862 the High Courts were set up at Calcutta, Bombay and Madras.


• In 1866, a High Court was established at Allahabad.


• After 1950, a High Court in a province became the High Court for the corresponding state.


• The Constitution of India provides for a High Court for each state.


• However, the 7^th Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more states or for two or more states and a Union Territory.


• The territorial jurisdiction of a High Court is co-terminus with the territory of a state.


• The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.


• Articles 214 to 231 in Part 6 of the Constitution talk of organization, independence etc., of the High Courts.


• There are 24 High Courts in India currently.


• 3 are common High Courts.


• Union Territories fall under the jurisdiction of different State High Courts.


• Delhi is the only UT with High Court of its own. It has High Court since 1966.

Court name	EstablishedJurisdiction	Jurisdiction	Seat
Allahabad High Court	11 June 1866	Uttar Pradesh	Allahabad
Madras High Court	15 August 1862	Puducherry, Tamil Nadu	Chennai
Chhattisgarh High Court	1 November, 2000	Chhattisgarh	Bilaspur
Delhi High Court	31 October ,1966	National Capital Territory of Delhi	New Delhi
Guwahati High Court	1 March, 1948	Arunachal Pradesh, Assam, Mizoram, Nagaland	Guwahati
Gujarat High Court	1 May, 1960	Gujarat	Ahmedabad
High Court of Judicature at Hyderabad	5 July, 1954	Andhra Pradesh, Telangana	Hyderabad
Himachal Pradesh High Court	1971	Himachal Pradesh	Shimla
J&K High Court	28 August, 1943	Jammu and Kashmir	Srinagar/Jammu
Jharkhand High Court	15 Nov, 2000	Jharkhand	Ranchi
Karnataka High Court	1884	Karnataka	Bengaluru
Kerala High Court	1956	Kerala, Lakshadweep	Kochi
Kolkata High Court	2 July, 1862	Andaman and Nicobar Islands, West Bengal	Kolkata
Madhya Pradesh High Court	2 January, 1936	Madhya Pradesh	Jabalpur
Manipur High Court	25 March, 2013	Manipur	Imphal
Meghalaya High Court	23 March, 2013	Meghalaya	Shillong
Mumbai High Court	14 August, 1862	Goa, Dadra and Nagar Haveli, Daman and Diu, Maharashtra	Mumbai
Odisha High Court	3 April, 1948	Odisha	Cuttack
Patna High Court	2 September, 1916	Bihar	Patna
Punjab and Haryana High Court	15 August, 1947	Chandigarh, Haryana, Punjab	Chandigarh
Rajasthan High Court	21 June, 1949	Rajasthan	Jodhpur
Sikkim High Court	16 May, 1975	Sikkim	Gangtok
Tripura High Court	26 March, 2013	Tripura	Agartala
Uttarakhand High Court	9 November, 2000	Uttarakhand	Nainital

ANSWER: All of the above

Explanation:

Provisions for Independence of High Court -

Mode of Appointment -


• The judges of the High Court are appointed by the President in consultation with the members of the judiciary itself.


• This limits the discretion of the executive in judicial appointments.


• Security of Tenure - They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.


• Fixed Service Conditions - The salaries, allowances, privileges, leave and pension of the judges of the High Court cannot be changed to their disadvantage after their appointment except during a financial emergency.


• Expenses Charged on Consolidated Fund - The salaries, allowances and pensions of the judges and the staff and the administrative expenses of the High Court are charged on the Consolidated Fund of India which is not subject to vote in the Parliament.


• Conduct of Judges cannot be discussed - Parliament or State Legislature cannot discuss conduct of the judges of the High Court in the discharge of their duties, except when an impeachment motion is under consideration of the Parliament.


• Ban on Practice after retirement - Retired judges of the High Court cannot plead or act in any Court or before any authority within the territory of India except the Supreme Court of India and other High Courts.

Punishment for its contempt -


• The High Court can punish any person for its contempt.


• This is to maintain its authority, dignity and honor.


• Appointing its staff - The Chief Justice of High Court can appoint officers and servants of the High Court, prescribe their conditions of service etc. without any interference from the executive.


• Jurisdiction cannot be limited - The Parliament and State Legislature cannot curb jurisdiction and powers of the High Court which are mentioned in the Constitution. But in other regards, they can change jurisdiction and powers.

Separation of Judiciary and Executive -


• As per the Constitution, executive authorities should not possess judicial powers.


• Criminal procedure Code (1973) separated judiciary from executive.

ANSWER: Both 1 and 2

Explanation:

Tenure of Judges of High Court -


• The tenure of High Court judges is not fixed by the Constitution.

But it has following provisions -

(a) He shall hold office until he attains the age of 62 years.

(b) Any question regarding the age of the judge will be determined by President on consulting the Chief Justice of India. President’s decision is final.

(c) He can resign his office by writing to the President.

(d) He can be removed from his office by the President on the recommendation of the Parliament on grounds of proved misbehavior or incapacity.

(e) He also vacates his office, if he is appointed as a judge of Supreme Court.

(f) He also vacates his office when he is transferred to another High Court.

Removing a Judge of High Court -


• A Judge of the High Court shall not be removed from his office except by an order of the President.


• The President can issue the order only after an address by the Parliament has been presented to him in the same session.


• The address must be supported by a special majority of each House of Parliament.


• Special majority is a majority of the total membership of that House and a majority of not less than 2/3^rd of the members of that House present and voting.


• There are 2 grounds of removal - proved misbehavior or incapacity.


• This is similar to removal of a Supreme Court Judge.

The procedure relating to the removal of a judge of the High Court by the process of impeachment is regulated by The Judges Enquiry Act (1968) -

1. Removal motion is signed by 100 members (for Lok Sabha) or 50 members (for Rajya Sabha). This is given to the Speaker/Chairman.

2. The Speaker/Chairman may admit or refuse the motion.

3. If admitted, a 3-member committee is formed by the Speaker/Chairman to investigate into the charges.

4. The committee should consist of -

(a) the Chief Justice or a judge of the Supreme Court;

(b) a Chief Justice of a High Court; and

(c) a distinguished jurist.

5. The House can take up the consideration of the motion, if the committee finds the judge to be guilty of misbehavior or suffering from incapacity.

6. On passing the motion by each House of Parliament by special majority, an address is presented to the president for removal of the judge.

7. Lastly, the president passes an order removing the judge.


• No judge of the High Court has been impeached up to now.

ANSWER: Only 2

Explanation:

Judicial review -


• Power of judicial review has been explicitly conferred on the High Courts by Articles 13 and 226.


• Grounds for checking constitutionality of legislative enactment or executive order is same as that of the Supreme court.


• 42^nd Amendment Act of 1976 curbed this power of High Court.


• It said that High Courts cannot check the constitutional validity of any Union law.


• But, the 43^rd Amendment Act of 1977 restored the power.

A Court of Record -
As a Court of Record, the High Court has 2 powers -

1. The judgements, proceedings and acts of the High Court are recorded for perpetual memory and testimony. These can be used as references and cannot be questioned when produced in any Subordinate Court.

2. It can punish for contempt of court. Punishment can be fine or imprisonment or both.


• Civil contempt of court means willful disobedience to any judgement, order, writ, undertaking etc.

Criminal contempt of court means the publication of any matter or doing an act which -

(a) lowers authority of a court;

(b) interferes with the judicial proceeding;

(c) prejudices judgment of judiciary; and

(d) interferes with administration of justice in any other manner.

Following are not considered as contempt of court -

(a) innocent publication and distribution of some matter;

(b) fair and accurate report of judicial proceedings;

(c) fair and reasonable criticism of judicial acts; and

(d) comment on the administrative side of the judiciary etc.


• Though specific power has not been conferred by Constitution on the High Courts, the High Courts can review and correct its own Judgements.

ANSWER: Neither 1 nor 2

Explanation:

Supervisory Jurisdiction of High Court -


• A High Court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction.


• This does not include military courts or tribunals.


• This power of a High Court is very wide.


• It extends to all courts and tribunals whether they are subject to the appellate jurisdiction of the High Court or not.


• It covers administrative as well as judicial superintendence.


• It has revisional jurisdiction.


• It can take action suo-motu and it is not necessarily on the application of a party.

Usually, it is restricted to -

1. excess of jurisdiction;

2. disregard to the law of superior courts;

3. gross violation of natural justice;

4. error of law;

5. perverse findings;

6. manifest injustice etc.

Control of High Court Over Subordinate Courts -


• A high court has an administrative control and other powers over subordinate Courts.

These include -


• Appointment, posting and promotion of district judges etc., is done by Governor on consulting the High Court.


• High Court handles matters of posting, promotion, transfers etc., of the members of the judicial service of the state (other than district judges).


• High Court can withdraw a case pending in a subordinate court if it involves a substantial question of law that require the interpretation of the Constitution.


• High Court can then either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgement.


• Law of High Court is binding on all subordinate courts functioning within its territorial jurisdiction.

ANSWER: Both 1 and 2

Explanation:

Transfer of Judges of High Court -


• The President can transfer a judge from one High Court to another.


• For this prior consultation with Chief Justice of India is needed.


• In 1994, the Supreme Court said that judicial review is needed to check arbitrariness in transfer of judges.


• However, only the judge who is transferred can challenge the transfer.

In the Third Judges case (1998), the Supreme Court said that in case of the transfer of High Court judges, the Chief Justice of India should consult -

(a) collegium of four senior-most judges of the Supreme Court; and

(b) the Chief Justice of the two High Courts (one from which the judge is being transferred and the other receiving him).

Acting Chief Justice - Judge can be appointed acting Chief Justice of that High Court by the President if -

(a) the Chief Justice of the High Court is temporarily absent; or

(b) the office of Chief Justice of the High Court is vacant; or

(c) the Chief Justice of the High Court is unable to perform the duties of his office.

Additional and Acting Judges -


• Duly qualified persons can be appointed as additional judges of a High Court for a temporary maximum period of two years by the President.

Duly qualified person can also be appointed as an acting judge of a High Court by the President when a judge of that High Court (other than the Chief Justice) is -

(a) appointed to act temporarily as Chief Justice of that High Court; or

(b) unable to perform the duties of his office due to absence or any other reason.


• An acting judge holds office until the permanent judge resumes his office.


• But, after attaining age of 62 years even the additional or acting judge cannot hold office.

Retired Judges -


• With the prior consent of the President of India, the Chief Justice of High Court can request a retired judge of that High Court or any other High Court to act as a judge of the High Court for a temporary period.


• He also needs consent of the person to be so appointed.


• The President determines the allowances of such a judge.


• He will enjoy all the jurisdiction, powers and privileges of a judge of High Court, but will not otherwise be considered to be a judge of the High Court.

ANSWER: Both 1 and 2

Explanation:

Judges of High Court -


• Every high court has a chief justice and other judges as decided by the President.


• Constitution does not specify the strength of a High Court.


• It is at the discretion of the President.

Appointment of Judges of High Court -


• President appoints judges of a High Court.


• President appoints the chief justice of High Court after consulting with the Chief Justice of India and the Governor of the concerned state.


• Chief Justice of the High Court is consulted when appointing other judges of the High Court.


• For common high court, the Governors of all the concerned states concerned are consulted.


• In the Third Judges case (1998), the Supreme Court said that to appoint High Court judges,the Chief Justice of India must consult a collegium of two senior-most judges of the Supreme Court.

Qualifications of Judges -

A person shall be qualified for appointment as a Judge of a High Court if -

(a) he is a citizen of India; and

(b) has for at least ten years held a judicial office in the territory of India or has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.


• There is no minimum age as well as no provision for appointing a distinguished jurist as High Court Judge.

ANSWER: All of the above

Explanation:

Original Jurisdiction of High Court -

High court can hear disputes in the first instance for -

(a) Disputes relating to the election of members of Parliament and state legislatures.

(b) Matters of admirality, will, marriage, divorce etc.

(c) Revenue matter or an act ordered or done in revenue collection.

(d) Enforcement of fundamental rights of citizens.

(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution.

(f) Calcutta, Bombay, Madras and Delhi High Courts have original civil jurisdiction in cases of higher value.


• The Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction till 1973 which was abolished by the Criminal Procedure Code, 1973.

Writ Jurisdiction of High Court -


• Article 226 - Every high court can issue writs (including habeas corpus,mandamus, certiorari, prohibition and quo-warrento) for the enforcement of any of the rights conferred by Part III and for any other purpose.


• Writ jurisdiction of the High Court is wider than that of the Supreme Court, because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose.


• If the cause of action arises within its territorial jurisdiction,the High Court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction.


• The writ jurisdiction of both the High Court and the Supreme Court is a part of the basic structure of the Constitution.


• It cannot be removed or changed by a Constitutional Amendment.

ANSWER: Both 1 and 2

Explanation:

Appellate jurisdiction of High Court -


• A high court is mainly a court of appeal.


• Appeals against the judgements of subordinate courts functioning in its territorial jurisdiction are heard by the High Court.


• The appellate jurisdiction of a High Court is wider than its original jurisdiction.

Appeals in Civil Matters -


• First appeals from the orders and judgements of the district courts etc., on both questions of law and fact, if, the amount exceeds the set limit.


• Second appeals from the orders and judgements of the district court etc., in the cases involving questions of law only.


• The Calcutta, Bombay and Madras High Courts provide intra-court appeals.


• When a single judge of the high court decides a case either under the original or appellate jurisdiction, an appeal from such a decision lies to the division bench of the same High Court.


• Decisions of the administrative and other tribunals can be appealed in division bench of the State High Court.


• Tribunals are subject to the writ jurisdiction of the High Courts. Thus an aggrieved person needs to first approach High Court and not the Supreme Court directly against the decisions of the tribunals, without first going.

Appeals in Criminal Matters -


• If the sentence is of imprisonment for more than seven years appeals from the judgements of sessions court and additional sessions court lie to the High Court.


• Death sentence awarded by a sessions court or an additional sessions court should be confirmed by the High Court before it can be executed, whether there is an appeal or not.


• Sometimes the appeals from the judgements of the assistant sessions judge, metropolitian magistrate or other magistrates (judicial) lie to the High Court.

ANSWER: All of the above

Explanation:

Subordinate Courts -


• The state judiciary consists of a High Court and a hierarchy of subordinate courts (lower courts).


• The subordinate courts are subordinate to the State High Court.


• They function at district and lower levels.

Constitutional Provisions -


• Articles 233 to 237 in Part 6 of the Constitution have provisions to regulate the organization of subordinate courts and to ensure their independence from the executive.

Appointment of District Judges -


• The Governor makes the appointment, posting and promotion of district judges in a state in consultation with the High Court.

A person to be appointed as district judge should have the following qualifications -

1. He should not already be in the service of the Central or the State Government.

2. He should have been an advocate or a pleader for seven years.

3. He should be recommended by the High Court for appointment.

Appointment of other Judges -


• The Governor appoints persons (other than district judges) to the judicial service of a state after consultation with the State Public Service Commission and the High Court.

Control over Subordinate Courts -


• High Court controls the posting, promotion and leave of persons belonging to the judicial service of a state and holding any post inferior to the post of district judge for the district courts and other subordinate courts.

Interpretation -

The term ‘district judge’ includes -

1. judge of a city civil court;

2. additional district judge;

3. joint district judge;

4. assistant district judge;

5. chief judge of a small cause court;

6. chief presidency magistrate;

7. additional chief presidency magistrate;

8. sessions judge;

9. additional sessions judge; and

10. assistant sessions judge.


• The term ‘judicial service’ means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.

Application of the above Provisions to Certain Magistrates -


• The Governor may direct that the above mentioned provisions relating to persons in the state judicial service would apply to any class or classes of magistrates in the state.

ANSWER: 2, 3

Explanation:

Structure and Jurisdiction -


• The organizational structure, jurisdiction and nomenclature of the subordinate judiciary are laid down by the states and hence they differ slightly.


• Broadly there are three tiers of civil and criminal courts below the High Court.

1^st tier -


• The district judge is the highest judicial authority in the district.


• He has original and appellate jurisdiction in both civil as well as criminal matters.


• In other words, the district judge (civil) is also the sessions judge (criminal).


• The district judge exercises both judicial and administrative powers.


• He also has supervisory powers over all the subordinate courts in the district.


• Appeals against his orders and judgments lie to the High Court.


• The sessions judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence).


• However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.

2^nd Tier -


• Below the District and Sessions Court is the Court of Subordinate Judge on the civil side.


• There is Court of Chief Judicial Magistrate on the criminal side.


• The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits.


• The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to seven years.


• A subordinate judge is also known as civil judge (senior division), civil judge (class I) etc.


• He may also be given the powers of an assistant sessions judge.


• In such scenario, he gets both civil as well as criminal powers like that of a District Judge.

3^rd tier -


• At the lowest level, on the civil side, is the Court of Munsiff.


• On the criminal side, is the Court of Judicial Magistrate.


• The munsiff possesses limited jurisdiction and decides civil cases of small pecuniary stake.


• The judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to three years.


• A munsiff is also known as civil judge (junior division), civil judge (class-II) etc.

Other scenarios -


• In some metropolitan cities, there are city civil courts (chief judges) on the civil side and the courts of metropolitan magistrates on the criminal side.


• Some of the States and Presidency towns have established small causes courts.


• These courts decide the civil cases of small value in a summary manner.


• Their decisions are final, but the High Court possesses a power of revision.


• Delhi, Bombay, Calcutta and Madras were formerly called presidency towns.


• In some states, Panchayat Courts try petty civil and criminal cases.


• They are variously known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat etc.