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created Saturday December 21, 13:22 by lucky shrivatri
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Each State has its own judiciary which administers both union and State laws. It is set in hierarchical pattern. At the apex of the State judiciary is the High Court which is the highest court of appeal and revision in the State for civil and criminal matters, including the wide powers, both administrative and judicial over the subordinate judiciary. The present Constitution of India makes a number of provisions concerning the High Courts though it is not the place to expound the full ramifications of these provisions as the matter falls more appropriately within the realm of Constitution law, yet a general picture of the High Court as it emerges there under may be painted here.
The Constitution recognized all the existing High Courts. It provided a High Court for each State. The Parliament is empowered to establish a common High Court for two or more States or Union territories. The High Court is a court of record and as such can punish for its contempt. It is not subject to the superintendence of any Court or authority, though appeals from its decisions may lie to the Supreme Court. It consists of a Chief Justice and as many Judges as the President of India may sanction.
A person to be eligible for appointment as a High Court Judge must be a citizen of India and must either have held a judicial office for at least ten years or has been an advocate of high court for at least ten years. Comparing this provision with the qualifications prescribed formerly for the High Court Judge under the Government of India Act 1935, the following changes would appear to have been made in this respect. A barrister is not entitled ipso facto to be appointed as a High Court Judge he can be so appointed only when he has been practicing in a High Court or has held a judicial office for at least ten years the period of judicial service qualifying a person to be appointed as a High Court Judge has been raised from five to ten years a civil servant can now be appointed to the High Court only if he has held a judicial office.
The Constitution recognized all the existing High Courts. It provided a High Court for each State. The Parliament is empowered to establish a common High Court for two or more States or Union territories. The High Court is a court of record and as such can punish for its contempt. It is not subject to the superintendence of any Court or authority, though appeals from its decisions may lie to the Supreme Court. It consists of a Chief Justice and as many Judges as the President of India may sanction.
A person to be eligible for appointment as a High Court Judge must be a citizen of India and must either have held a judicial office for at least ten years or has been an advocate of high court for at least ten years. Comparing this provision with the qualifications prescribed formerly for the High Court Judge under the Government of India Act 1935, the following changes would appear to have been made in this respect. A barrister is not entitled ipso facto to be appointed as a High Court Judge he can be so appointed only when he has been practicing in a High Court or has held a judicial office for at least ten years the period of judicial service qualifying a person to be appointed as a High Court Judge has been raised from five to ten years a civil servant can now be appointed to the High Court only if he has held a judicial office.
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