
Write the functions of the High Court Judge.
Answer
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Hint:
To be a Judge of the High Court one needs to be an Indian citizen. He should have been a judge in the Judicial Service of the State for 10 years or, a lawyer in the High Courts of India for 10 years (Article 217). The Indian High Courts Act 1861 created the High Courts of Calcutta, Madras, and Bombay.
Complete step by step solution:
The highest court in the judicial system is the High Court. They are an integral part of India's judicial system. There are 25 High Courts currently in India, with a common High Court in some states. Haryana, Punjab, and Chandigarh's Union Territories, for example, have a similar High Court. There is also one traditional High Court for the north-eastern states. Moreover, with Puducherry, Tamil Nadu shares a High Court.
Appointment:
The President, in consultation with the Chief Justice of the Supreme Court and with the Governor of the State, appoints the Chief Justice of the High Court. By the will of the President, the Governor, and the Chief Justice of the High Court, the other judges are appointed.
Term of Office:
The judge is in office until he reaches the age of 65.
Powers and Functions:
In original or appellate jurisdiction, the high court judge has the authority to adjudicate the civil, criminal matter.
The judges of the High Court exercise the function of superintendence over the subordinate court and consult the District Judge's appointment.
Based on the numbers, the judges from the bench in the High Court and transfer cases to the supreme court.
Additional information:
‘Original Jurisdiction’ of the High Court.
(a) Each High Court pursuant to Article 226 shall be empowered to issue, for the protection of Fundamental Rights and for any other reason, letters, orders, instructions, including letters of the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, or any of them, to any person or authority within its territory.
(b) The High Court's original jurisdiction applies to matters of admiralty, marriage, contempt of court, and to cases required by the lower court to be transferred to the High Court.
(c) The Mumbai, Kolkata, and Chennai High Courts have original jurisdiction to hear cases concerning Christians and Parsies immediately.
(d) Original civil jurisdiction shall be exercised by the High Courts of Mumbai, Kolkata, and Chennai if the amount involved is more than two thousand rupees.
Appellate Jurisdiction:
The ‘Appellate Jurisdiction’ of the High Court applies to:
(a) If the amount involved in the case is at least Rs.5000, the High Court may hear appeals in civil cases.
(b) In criminal cases, the High Court hears the appeal in which the accused has been sentenced by the Sessions Judge to four years in prison.
(c) The Sessions Judge's death penalty shall be subject to the approval of the High Court. (d) The High Court shall hear cases concerning the interpretation of the Constitution.
Note:
The High Courts of the States, such as the Supreme Court, have the power of ‘Judicial Review.’ If it violates any clause of the Constitution or restricts or takes any of the fundamental rights of the people, the High Court has the power to strike down any law of the State or any order of the executive.
To be a Judge of the High Court one needs to be an Indian citizen. He should have been a judge in the Judicial Service of the State for 10 years or, a lawyer in the High Courts of India for 10 years (Article 217). The Indian High Courts Act 1861 created the High Courts of Calcutta, Madras, and Bombay.
Complete step by step solution:
The highest court in the judicial system is the High Court. They are an integral part of India's judicial system. There are 25 High Courts currently in India, with a common High Court in some states. Haryana, Punjab, and Chandigarh's Union Territories, for example, have a similar High Court. There is also one traditional High Court for the north-eastern states. Moreover, with Puducherry, Tamil Nadu shares a High Court.
Appointment:
The President, in consultation with the Chief Justice of the Supreme Court and with the Governor of the State, appoints the Chief Justice of the High Court. By the will of the President, the Governor, and the Chief Justice of the High Court, the other judges are appointed.
Term of Office:
The judge is in office until he reaches the age of 65.
Powers and Functions:
In original or appellate jurisdiction, the high court judge has the authority to adjudicate the civil, criminal matter.
The judges of the High Court exercise the function of superintendence over the subordinate court and consult the District Judge's appointment.
Based on the numbers, the judges from the bench in the High Court and transfer cases to the supreme court.
Additional information:
‘Original Jurisdiction’ of the High Court.
(a) Each High Court pursuant to Article 226 shall be empowered to issue, for the protection of Fundamental Rights and for any other reason, letters, orders, instructions, including letters of the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, or any of them, to any person or authority within its territory.
(b) The High Court's original jurisdiction applies to matters of admiralty, marriage, contempt of court, and to cases required by the lower court to be transferred to the High Court.
(c) The Mumbai, Kolkata, and Chennai High Courts have original jurisdiction to hear cases concerning Christians and Parsies immediately.
(d) Original civil jurisdiction shall be exercised by the High Courts of Mumbai, Kolkata, and Chennai if the amount involved is more than two thousand rupees.
Appellate Jurisdiction:
The ‘Appellate Jurisdiction’ of the High Court applies to:
(a) If the amount involved in the case is at least Rs.5000, the High Court may hear appeals in civil cases.
(b) In criminal cases, the High Court hears the appeal in which the accused has been sentenced by the Sessions Judge to four years in prison.
(c) The Sessions Judge's death penalty shall be subject to the approval of the High Court. (d) The High Court shall hear cases concerning the interpretation of the Constitution.
Note:
The High Courts of the States, such as the Supreme Court, have the power of ‘Judicial Review.’ If it violates any clause of the Constitution or restricts or takes any of the fundamental rights of the people, the High Court has the power to strike down any law of the State or any order of the executive.
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