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The High Court is the topmost tier of the jurisdiction in every union territory and state which are a part of India. The High Court must exercise the original criminal and civil administration only if the lower courts are not allowed by the law because of territorial jurisdiction or lack of finances. The High Courts might also have original jurisdiction in particular matters especially in the constitution as a union or a state law. The major cases which are there in a High Court are generally based on applications from the lower courts and/or writ petitions which are related to articles 226 and 227 of our Indian Constitution. The case which is based on a writ jurisdiction is an original administration of the Indian Government.
High Court
The first High Court was established in the era of the British. The first High Court was established in Calcutta, The Calcutta High Court was established on 2nd July 1862. The jurisdiction area was West Bengal and Andaman and the Nicobar Islands; it has two benches one in Jalpaiguri and the other in Port Blair. The total number of judges is 72. The next High Court was established in Bombay on 14th August 1862 followed by Madras High Court which was established on 15th August 1862. There were two judicial systems located in Calcutta, Madras and Bombay that were present for jurisdiction which were the Supreme Court, Sadar Nizamat and Sadar Diwani Adalat. This jurisdiction was inconvenient and the results were also conflicting at times hence the British parliament decided to introduce the High Courts in India by implementing the Indian High Courts Act, 1861. The bill for the Indian High Court was presented by Sir Charles Wood and was approved by the Parliament of Britain on 6th August 1861.
Qualification for a Judge
There are certain criteria that a person needs to clear before becoming a judge in a High Court that is:
- Attorney with a minimum experience of five years.
- He was a member for a minimum of 10 years at Covenanted Civil Services and also served as a Zila as a judge for a minimum of 3 years at the same time.
- A pleader for a minimum of 10 years at the High Court or Sadar Court.
A minimum of one-third of judges including the Chief Justice needs to be Barristers. The rest two-thirds should be a member of the Covenanted Civil Service.
Article 214 – 231
Article 214-231 in the Indian Constitution states or describes the provisions of a High Court. Currently, there are 25 High Courts in India. Whereas Article 217 states the appointment of Judges. It also states that there must be a separate High Court for every state but the 7th Constitutional Amendment states that there can be one High Court for more than one state.
Procedure for Removal of Judges
The Judges in a High Court can be removed or poached on certain grounds such as:
- Proved misbehaviour
- Incapacity
He can only be removed by the President according to the order approved by both the houses with a special majority i.e., that is a majority of a minimum of two-thirds of the members present and voting.
Conclusion
The Judges in the High Court are appointed according to Article 217 of the Indian Constitution. Article 214-231 in the Indian constitution talks about the powers and functions of a High court and how a Judge in High Court be appointed. Article 214-231 in the Indian Constitution also states how the Judge in the High Court may be removed.
