State Judiciary (High Court)
- Part - VI (State)
- Chapter - V (Judiciary)
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| Source: IAS Baba |
Qualification of High Court Judge
- Must be a citizen of India
- Must have been in judicial service of union or state for at least 10 years (judicial magistrate) or Must have practiced as an advocate in a High Court or two or more such Courts for at least 10 years.
Note - There is no such distinguished jurist qualification to be a judge of High Court.
Retirement
- High Court - 62 years
- Supreme Court - 65 years
Note - There is no such minimum age qualification to be a judge of High Court or Supreme Court.
Judges in High Court
- Permanent Judges
- Additional Judge of High Court → for additional work
- Acting judge of High Court → if permanent judges are absent
- Ad Hoc judge of High Court → if quorum is not completed to carry out work
Additional judge of High Court - whenever there is an increase in business in a High Court or there is a large pendency of case in High Court, then the president may appoint a duly qualified person as an additional judge for a period of not more than 2 years.
Acting judge of High Court - Acting judge is appointed by the president for a temporary period (until permanent judge assumes charge), when a permanent judge of High Court is absent for a certain period of time.
The permanent judge of High Court after retirement can't perform before any tribunal or court of the country except of Supreme Court or High Court but other than High Court where he ever served as permanent judge.
However, additional judges or acting judges can practice in any High Court or Supreme Court.
Ad Hoc Judge of the High Court - Chief justice of the concerned High Court with the prior permission of the president may ask a retired High Court judge to work as Ad Hoc Judge for any specified time.
Note -
- Ad Hoc judge in case of Supreme Court → sitting High court judge
- Ad Hoc judge in case of High Court → retired High court judge
Oath and affirmation of High Court judge - The oath to the High court judges is administered by the Governor of the state or any other person on his behalf.
But oath of the judges of the Delhi High Court (which is in Union territory) is administered by the President or a person in his behalf.
Resignation - Judges of Supreme Court and High Court address their resignation to the President.
Salary and allowances - Salary and allowances are charged upon the consolidated fund of the state but pension is charged out of the consolidated fund of India.
Jurisdiction of the High Court
Supreme Court is the creation of the Constitution of India where as courts like High Court exists much before the constitution of India took shape.
So, Constitution has elaborately discussed the jurisdiction of Supreme Court but not for High Court.
However, various provisions of the constitution indicates the jurisdiction of High Court or their area of performance.
For example -
- Article 215 - Under Article 215, High Court acts as court of record as well as has the power to punish for its contempt.
- Article 226 - Writ jurisdiction of the High Court with respect to Fundamental rights and other legal rights.
- Article 227 - Under Article 227, High court of the state has got administrative control on the functioning of all the tribunals and the courts (sub-ordinate courts) existing in the state.
- Article 228 - Under Article 228, High court can transfer a matter before itself from a lower court in the cases which involve interpretation of the constitution.
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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own.
Hope! It will help you to achieve your dream of getting selected in Civil Services Examination 👍
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