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High court UPSC: Indian Judiciary-Indian Polity Lecture 61

In this video you will know High court for UPSC: Indian Judiciary-Indian Polity M. Laxmikanth. High Courts of India which come below the Supreme Court in the Indian Judiciary. We will study about the composition, appointment, oath, term of office, qualification, process of removal for the High Court Judges. HIGH COURT- The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras. In 1866, a fourth high court was established at Allahabad. In the course of time, each province in British India came to have its own high court. After 1950, a high court existing in a province became the high court for the corresponding state.The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory. At present, there are 25 high courts in the country. Out of them, four are common high courts. Delhi is the only union territory that has a high court of its own (since 1966). Articles 214 to 231 in Part VI of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the high courts. ORGANIZATION OF HIGH COURT- Every high court (whether exclusive or common) consists of a chief justice and such other judges as the president may from time to time deem necessary to appoint. Thus, the Constitution does not specify the strength of a high court and leaves it to the discretion of the president. Accordingly, the President determines the strength of a high court from time to time depending upon its workload. APPOINTMENT- The judges of a high court are appointed by the President. The chief justice is appointed by the President after consultation with the 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. In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president. QUALIFICATIONS- 1. He should be a citizen of India. 2. (a) He should have held a judicial office in the territory of India for ten years; or (b) He should have been an advocate of a high court (or high courts in succession) for ten years. From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of a high court. TENURE- 1. He holds office until he attains the age of 62 years. Any questions regarding his age is to be decided by the president after consultation with the chief justice of India and the decision of the president is final. 2. He can resign his office by writing to the president. 3. He can be removed from his office by the President on the recommendation of the Parliament. 4. He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another high court. REMOVAL- The President can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each House of Parliament.The grounds of removal are two—proved misbehaviour or incapacity.The Judges Enquiry Act (1968) regulates the procedure relating to theNremoval of a judge of a high court by the process of impeachment: 1. A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman. 2. The Speaker/Chairman may admit the motion or refuse to admit it. 3. If it is admitted, then the Speaker/Chairman is to constitute a threemember committee to investigate into the charges. 4. The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist. 5. If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion. 6. After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge. 7. Finally, the president passes an order removing the judge. --------------------------------------------------------------------- For pdf, click on the link: https://studyglows.com/pdf/ Telegram link: https://t.me/study_glows Follow Siddhant Agnihotri on Facebook:   / siddhant.agnihotri.121   Follow Rashi Singhal on Facebook:   / urmi.singhal   Rashi Singhal Study Glows:   / rashi-singhal-study-glows-574385636372783   Sid_E Connect:   / sid_e-connect-686107645100756   ---------------------------------------------------------------------------- #Polity #Laxmikant #UPSC #IAS