JUDICIARY IN INDIA
PART-2
THE HIGH COURT
Article 214 provides that there
should be a High Court for each States. The High Court stands at the head of
the judiciary in a State. The Parliament can establish by law a common High
Court for one or more States or UTs.
Appointment of the Judges
·
Art. 216 provides for appointment of Chief justice and
other judges of High Court. There is no maximum fix number of judges in High
Courts.
·
The Judge of a High Court is appointed by the
President. The Chief Justice of High Court is appointed by the President after
consultation with Chief Justice of India and the Governor of the State
concerned. For appointment of other judges, the Chief Justice of the concerned
High Court is also consulted.
Qualification of Judges
(i)
He should be a citizen of India.
(ii)
He should have held a judicial office in the territory
of India for ten years, or
He should have been an advocate of high court/High Courts for
ten years.
Or, he should have been a judge in High Court for Five years.
Jurisdiction of High
Court
1. Original
Jurisdiction
·
In their judicial capacity, the High Courts of
presidency town (Bombay, Calcutta and Madras) have both original and appellate
jurisdictions, while other High Courts have mostly appellate jurisdiction.
·
Only in matters of admiralty, will, marriage, divorce,
company laws and contempt of Court, they have original jurisdiction.
·
The presidency High Court have original jurisdiction
in which the amount involved is more than Rs. 2,000 and in criminal cases which
are committed to them by the Presidency Magistrates.
·
Enforcement of Fundamental Rights of citizens.
2. Appellate Jurisdiction
·
As Courts of appeal, all High Courts entertain appeals
in civil and criminal cases from their subordinate courts as well as on their
own.
·
They have, however, no jurisdiction over tribunals
established under the laws relating to the armed forces of the country.
3. Writ Jurisdiction
·
Under Art. 226 of the Constitution, the High Courts
are given powers of issuing writs not only for the enforcement of the
Fundamental Rights, but also for other purposes.
·
In exercise of this power, a High Court may issue the
same type of writs, order or directions which the Supreme Court is empowered to
issue under Article 32.
·
The Jurisdiction to issue Writs under article
226 is larger in the case of High Courts, for while the Supreme Court can issue
them only where a Fundamental Rights has been infringed, High Court can issue
them not only in such cases, but also where an ordinary legal right has been
infringed.
Lok Adalats
·
Under the legal Services Authorities Act of 1987, Lok
adalats have been given a statutory status. The aims of Lok Adalat are:
(i)
Secure justice to the weaker sections.
(ii)
Mass disposal of the cases to reduce cost and delay.
·
The legal services Act provides for Lok Adalats to be
organized by the State or district authorities. The authority of the Lok
adalats is conferred on them by the State or the district bodies.
·
The jurisdiction of the Lok Adalats is conferred on
them by the State or the district bodies.
·
The jurisdiction of the Lok adalats is wide. Any
matter falling within the jurisdiction of civil, criminal, revenue courts or
tribunals.
·
A case goes to the Lok Adalats if the two parties make
a joint application to compromise.
·
The award of the Lok Adalat is binding upon all the
parties. Lok Adalats, in sum, are given the powers of the civil courts.
·
The Supreme Court and the High Courts have held Lok
Adalat from time to time and disposed off thousands of cases. On October 2, 1996,
a nationwide programme was launched to dispose of one million cases through Lok
Adalats.
·
2.5 lakh cases are pending in all the Courts in the
country.
·
Lok Adalats are important as an alternative mode of
dispute resolution.
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