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The High Court and Its Judges
At the state level, the High Court serves as the Supreme Court. India's High Courts have original, appellate, civil, criminal, ordinary, and exceptional jurisdiction. Under the Indian High Court Act of 1861, the first high courts were established in India in 1862 in Calcutta, Bombay, and Madras, and exceptional jurisdiction. Under the Indian High Court Act of 1861, the first high courts were established in India in 1862 in Calcutta, Bombay, and Madras. There are currently 25 high courts in India, each with the necessary number of benches in their respective states.
What is High Court?
A state's top court is known as the High Court. After the Supreme Court of India, it is the second-highest court in the nation. A high court is established by the Indian constitution for each state, but the Parliament also has the power to create a joint high court for two or more states. A state's territory and a high court's territorial jurisdiction are contiguous. A High Court judge in India is chosen by the President. Any High Court judge's appointment is completely his responsibility.
The Seventh Amendment Act of 1956 gave Parliament the authority to create a joint high court for two or more states or two or more states plus a union territory, despite the
Indian Constitution's provision for a high court in each state.
Article 214 of the Constitution of India mandates that there shall be a High Court in each state.
A joint high court for two or more states may be established by Parliament under Article 231 of the Constitution.
The Chief Justice and any additional justices that the President of India may occasionally appoint make up every High Court (exclusive or common). The President is free to decide the HC's strength, which is not mandated under the Constitution.
Appointment of Judges
According to Article 217, every High Court judge must be appointed by the President "after consultation with the Chief Justice of India, the Governor of a State, and, if the judge is not the Chief Justice, the Chief Justice of the High Court." These clauses clearly state that the President is the appointment authority; however, the President is required to contact the members of the judiciary prior to the appointment. Let’s discuss it in short for better understanding,
After consultation with the governor of the relevant state and the Chief Justice of India, the President names the chief justice.
For the nomination of additional judges, the chief justice of the pertinent high court is also consulted.
The president (or cabinet, in this case) appoints the judges of a high court after consulting the judiciary (i.e., the chief justice of India and the chief justice of the high court).
This rule ensures that judicial nominations are not influenced by political or practical considerations while simultaneously limiting the executive's overall freedom.
The president talks with the governors of all the states involved in the case of a common high court for two or more states.
Qualifications for Appointment of High Court Judges
In order to be appointed as a Judge of High Court,
A person must be citizen of India.
A person must have spent at least ten years working in India's court system.
He must have served as an advocate in at least two High Courts in quick succession for at least ten years.
The Constitution does not stipulate a minimum age for nomination as a high court judge, as is evident from the information provided above.
In addition, unlike the Supreme Court, there is no provision in the Constitution for the appointment of a distinguished jurist to a high court bench.
Tenure of Judges
The Constitution does not specify a high court judge's term of office. However, it includes the following four clauses in this regard −
He serves in that capacity until the age of 62. Any questions regarding his age must be answered by the president after consulting with the Chief Justice of India, and the president's decision is final.
He has the opportunity to write the president and offer his resignation. The president has the power to have him removed from office on the advice of the parliament.
When he gets appointed to the Supreme Court or moves to another high court, he resigns from his position.
Removal of High Court Judges
There are some clauses which talks about the removal of High Court Judges,
A president's order is required to remove a judge from the top court. Only after receiving an address from Parliament in the same session may the President issue the removal order.
The address requires special majority approval from each House of Parliament (i.e., a majority of the total membership of that House and not less than two-thirds of the members of that House present and voting).
Removal is based on either demonstrable misconduct or incapacity. A high court judge can therefore be dismissed in the same manner and for the same reasons as a justice of the Supreme Court. The process for impeaching a judge of the high court is governed by the Judges Enquiry Act (1968).
After the Indian Supreme Court, the High Tribunals are regarded as the highest courts in the country. Each high court exercises the authority, duties, and jurisdiction granted to it by numerous laws. High courts each have their own original and appellate side regulations, and each one makes clear the processes it will follow.
Q1. Are judges permanent?
Ans: Yes, judges of any court (whether it is Supreme Court, High Courts, or District Courts) once appointed, hold permanent position until they retire. However, in case of incapacity or misconduct, they can be removed from their position permanently.
Q2. What is a retired judge called?
Ans: Retired judges are still referred to in writing or listed in programs as "the honorable" (full name) unless they leave the bench dishonorably. In every social setting, they are referred to as "Judge" (surname) in conversation or a salute.
Q3. What is the maximum age of retirement a judge of High Court?
Ans: A High Court judge in India retires at age 62 and a Supreme Court judge at age 65. In October 1963, the initial retirement age for High Court judges, which was set at 60 years, was increased to 62 years.
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