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THE HIGH COURT

THE HIGH COURT

Article 214 of the Constitution states that there shall be a High Court for each state of India. But the 7th Constitutional Amendment Acts of 1965 provides that the parliament may by law establish a common High Court for two or more states as well as a Union Territory.  Courts at The rulings of the Supreme Court states that the precedents which the High Courts, is a union subject. Though subordinate courts at the district level are under the authority of the State Government they can hear and decide the cases arising under union laws or involving the interpretation of the Constitution.

COMPOSITION:

 Under the Article 216, a High Court consists of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint. The Constitution has not fixed the number of judges of the High Courts. It is the President who can increase the number of judges of a High Court. Article 217 of the Constitution lays down that the Chief Justice and the other judges of a High Court shall be appointed by the President under his hand and seal. While appointing the Chief Justice, the President consults the Chief Justice of India and the Governor of the concerned state. In the case of appointment of a judge, the Chief Justice of the High Court is consulted. The Chief Justice of the High Court may recommend some names to the Governor of the state for appointment as judges. The President may appoint a qualified person as an additional judge in a High Court for 2 years. The President may also appoint an acting in the absence of a judge of the High Court.

OATH:

 Every person appointed to be a judge of a High Court before he enters upon his office, makes and subscribe before the Governor of the State an oath or affirmation.

QUALIFICATIONS:

1)           He must be a citizen of India; and

2)    He has for a period of at least 10 years held a judicial office in the territory of India; or

3)   He has for a period of at least 10 years been an advocate of a High Court or two or more such courts in succession.

TERM:

A judge of a High Court retires at the completion of 62 years of age. He may submit his resignation earlier by writing under his hand addressed to the President. The provisions of impeachment of a judge of the Supreme Court apply to the judge of a High Court. A judge can be removed for proved misconduct or incapacity. A judge of a High Court after his retirement shall not plead or act in any court or before any authority in India except the Supreme Court and other High Courts.

SALARY:

The Chief Justice of a High Court draws a salary of rupees 2,50,000 per month. Other judges draw a salary of rupees 2,25,000 per month. They are given other allowances also. Under Article 222 of the Constitution, the President may transfer a judge from one High Court to another after consultation with Chief Justice of India.

 


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