Jurisdiction and Seats of Indian High Courts

Name

Date of Act by which establishment established 11-6-1866 High Courts Act, 1861

Territorial jurisdiction State of Uttar Pradesh

Principal Seat Bench(s)

Allahabad1

Allahabad

Lucknow

Andhra Pradesh 5-7-1954

Andhra State Act, State of Andhra Hyderabad 1953 Pradesh High Courts Act, 1861 State of Bombay Maharashtra, and Goa and U.T. of Dadra and Nagar Haveli and Daman and Diu State of West Calcutta Bengal and U.T. of Andaman and Nicobar Islands State of Chhattisgarh Bilaspur Nagpur, Panaji and Aurangabad

Bombay

14-8-1862

Calcutta

2-7-1862

High Courts Act, 1861

Circuit Bench at Port Blair

Chhattisgarh

11-1-2000

Madhya Pradesh Reorganisation Act, 2000 Delhi High Court Order, 1966

Delhi2

31-10-1966

National Capital Territory of

Delhi

Delhi Guwahati3 1-3-1948 Government of India Act, 1935 as adopted by the Indian Provisional Constitution (Amnedment) Order, 1948 States of Guwahati Assam, Manipur, Meghalaya, Nagaland,Tripu ra, Mizoram and U.T. of Arunachal Pradesh Kohima (established on 1.12.1972), Imphal (established on 24.1.72), Agartala (established on 24.1.72), Shillong (established on 4.9.74), Aizwal (established on 5.7.90), and Itanagar (established on 12.8.2000).

Gujarat

1-5-1960

Bombay ReState of organsisation Act, Gujarat 1960 State of H.P. Act, State of Himachal 1970 Pradesh Letters Patent issued by the Maharaja of Kashmir Bihar Reorganasation Act, 2000 Mysore High Court Act, 1884

Ahmedabad

Himachal Pradesh2

1971

Shimla

Jammu &Kashmir

28-8-1943

State of Jammu Srinagar &Kashmir &Jammu

Jharkhand

2000

State of Jharkhand

Ranchi

Karnataka

1884

State of Karnataka

Bangalore

Kerala

1958

The Kerala High Court Act, 1958

State of Kerala Ernakulam and U.T. of Lakshadwee State of Madhya Pradesh Jabalpur Gwalior and Indore

Madhya Pradesh

2-1-1936

Government of India Act, 1935

Madras

15-8-1862

High Courts Act, 1861

State of Tamil Madras Nadu and U.T. of Pondicherry

Madurai

Orissa

3-4-1948

Orissa High Court State of Orissa Cuttack Order,1948 Government of India Act, 1915 High Court (Punjab) Order, 1947 State of Bihar Patna

Patna

9-2-1916

Punjab &Haryana

11-8-1947

State of Punjab Chandigarh and Haryana and U.T. of Chandigarh Jodhpur Jaipur

Rajasthan

21-6-1949

Rajasthan High State of Court Ordinance, Rajasthan 1949

Sikkim

1975

Article 371-F(i) State of Sikkim Gangtok vide Constitutional (Thirty-Sixth Amendment) Act, 1975 U.P. Reorganisation Act, 2000 State of Uttranchal Nainital

Uttranchal

2000

Composition of a high court High Court stands at the head of a State's judicial administration. Each High

Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing other Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable only by the rare process of impeachment.

2. Qualifications. (1) A person shall not be qualified for appointment as a judge of a High Court unless he is a citizen of India, and (2) has for at least ten years held judicial office in the territory of India, or (3) has for at least ten years been an advocated of a High Court or of two or more

Appointment and Conditions of the Office of a Judge

1. Appointment. Every Judge of a High Court is appointed by the president after consultation with the Chief Justice of India and the Governor of the State. In the case of the appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court of the State is also consulted.

Tenure Every judge of a high court, including the Chief justice holds office till he attains the age of 62. A judge can also resign earlier if he so desires. High Courts in succession. Every Judge of a High Court shall hold office until he attains the age of 62 years. 5

Ways of Resignation Every Judge, Permanent or additional, may vacate his office earlier in any of the following ways: (1) He may, by writing in his hand addressed to the president, resign his office. (2) He may be removed from his office by an order of the resident passed after an address by each House of parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the president in the same session for such removal on the ground of proved misbehavior. (3) His office shall be vacated by his being appointed by the president to be a Judge of the Supreme Court In the Territory of India. Transfer The president may, after consultation with the Chief Justice of India, transfer a judge from one High Court to any other High Court. No person who has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and other High Courts.

Transfer The president may, after consultation with the Chief Justice of India, transfer a judge from one High Court to any other High Court. No person who has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and other High Courts.

Salary and Allowances A Judge of a High Court gets a salary or Rs. 8000 per menses while the Chief Justice Rs. 9000 per menses besides the salary the Chief Justice gets Rs. 500 and other Judges get Rs. 300 allowance per month. After 6

retirement, the Chief Justice get Rs. 54,000 and other Judges Rs. 48,000 pension annually. Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by parliament. It is provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment. Expenditure in respect of salaries and allowances of Judges of the High Courts is charged on the Consolidated Fund of India and therefore is not submitted to the vote of the State Legislature. Juri

WRITS IN INDIA

Writs - Provisions in Indian Constitution The Indian Constitution empowers the Supreme Court to issue writs as mentioned above for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution. (Article 32) Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen. The Right to Constitutional Remedies, as we know, is a guarantor of all other fundamental rights available to the people of India. In addition to the above, the Constitution also provides for the Parliament to confer on the Supreme Court power to issue writs, for purposes other than those mentioned above. Similary High Courts in India are also empowered to issue writs for the enforcement of any of the rights conferred by Part III and for any other purpose. Types of Writs There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto. 1. Habeas Corpus "Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained , whether in prison or in private custody, before a court and to release him if such detention is found illegal. 2. Mandamus Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court of High court when any government, court, corporation or any public authority has to do a public duty but fails to do so. 3. Certiorari

Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. There are several conditions necessary for the issue of writ of certiorari There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially. Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case. 4. Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop. Difference between Prohibition and Certiorari: While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced. Both the writs are issued against legal bodies. 5. The Writ of Quo-Warranto The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

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Writs in brief Type of Writ Meaning of the word Purpose of issue

Habeas Corpus

You may have the To release a person who has been detained unlawfully whether in body prison or in private custody. We Command To secure the performance of public duties by lower court, tribunal or public authority. To quash the order already passed by an inferior court, tribunal or quasi judicial authority. To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try. To restrain a person from holding a public office which he is not entitled.

Mandamus

Certiorari

To be certified

Prohibition

What is your authority?

Quo Warranto

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