In this article you will learn about the High Courts in India in Political Science.
High Courts in India
High Courts in India are the second-highest courts in the country, after the Supreme Court of India. Each state in India has its own High Court, and there are also High Courts for union territories. There are currently 25 High Courts in India, with the oldest being the Calcutta High Court, which was established in 1862.
Composition : The High Court of a State consists of a Chief Justice and such other judges as the Parliament of India may deem it necessary for that state. The number of Judges varies from 3 in the Guwahati High Court to 95 in Allahabad High Court. The Punjab and Haryana High Court has 75 judges while the Himachal High Court has a Chief Justice and 8 other Judges.
Qualification of a Judge of the High Court : The Constitution provides the following essential qualifications for the appointment of a Judge of a High Court : He or she should be a citizen of India; he or she must have held a judicial office in the territory of India for at least 10 years; or he or she must have been an advocate of a High Court or two or more such courts in succession for at least 10 years.
Method of Appointment of the Judge of High Court : The President appoints the judges and the Chief Justice of a state High Court. While appointing the Chief Justice, the President consults the Chief Justice of India and the governor of the state. While appointing other judges, the president consults the Chief Justice of the High Court concerned along with the Chief Justice of India and the Governor of the concerned state. However, their recommendations are not binding upon the President. By a convention the senior most judge of a High Court is always promoted as a Chief Justice of that High Court. The Principle of Seniority is now always respected and followed.
Tenure : Every judge of a High Court including the Chief Justice holds office till he attains the age of 62.
Method of Removal : A judge of a High Court can be removed by the President on grounds of proved misbehaviour or incapacity if each House of the Union Parliament passes a resolution (impeachment resolution) to this effect. Such a resolution has to be passed by each House by a majority of total membership and a two third majority of members present and voting. The process of impeachment is regulated by the Judge Inquiry Act 1968.
Transfer of Judges : The judges of a state High Court can be transferred by the President from one High Court to another after consultation with the Chief Justice of India. Such a provision was introduced by the Seventh Amendment Act (1956).
This article on High Courts in India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.