Every judge of a High Court is appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India and the Governor of the state. A Judge of the High Court holds office until he attains the age of 62 years.
The High Court is the highest Court of Justice in the state and for questions of law. It is the only court, other than the Supreme Court, which is vested with the jurisdiction to interpret the Constitution. High Courts have original as well as the appellate jurisdiction, as provided in Civil Procedure Code.
The Constitution, which provides for certain basic safeguards (which have been called fundamental rights), also provides for a quick and inexpensive remedy for the enforcement of such rights. In the sphere of the states High Courts were given new and wide powers for issuing directions or writs primarily for the enforcement of fundamental rights, the power to issue such directions, etc., for any other purpose being also included with a view apparently placing all the High Courts in this country in somewhat same position as the Court of King's Bench in England under Article 226 of the Constitution.
The power to issue the writs and orders under Article 226 belongs to all the High Courts in India. Such power extends to all persons or authorities, including even governments, within the jurisdiction of the High Court, whether original or appellate. This being a constitutional power, the power under Article 226 is not fettered by anything contained in any statutory provision. The power under Article 226 includes not only the power to issue writs mentioned in it but also to issue directions, orders or writs in the nature thereof.
The jurisdiction under Article 226 extends to revenue matters unlike under the Government of India Act.
Although introduced with the best of intentions, this remedy of enforcement of fundamental and other rights has become a much oppressive. Everyday a large number of writs are filed in the High Court and in some High Courts it takes more than ten years to decide a writ. Appeal from a decision of the writ court lies to the Division Bench in the High Court itself and thereafter lies to the Supreme Court and there it takes more than ten years.
As a result of the reorganisation of the states through various enactments enacted by the Parliament as well as regulations made as empowered Articles 3 and 4 and other Articles of the Constitution of India, the latest position regarding the number of High Courts, their territorial jurisdiction and the provision of law under which they came into existence are to be given later on.
The High Court is the highest Court of Justice in the state and for questions of law. It is the only court, other than the Supreme Court, which is vested with the jurisdiction to interpret the Constitution. High Courts have original as well as the appellate jurisdiction, as provided in Civil Procedure Code.
The Constitution, which provides for certain basic safeguards (which have been called fundamental rights), also provides for a quick and inexpensive remedy for the enforcement of such rights. In the sphere of the states High Courts were given new and wide powers for issuing directions or writs primarily for the enforcement of fundamental rights, the power to issue such directions, etc., for any other purpose being also included with a view apparently placing all the High Courts in this country in somewhat same position as the Court of King's Bench in England under Article 226 of the Constitution.
The power to issue the writs and orders under Article 226 belongs to all the High Courts in India. Such power extends to all persons or authorities, including even governments, within the jurisdiction of the High Court, whether original or appellate. This being a constitutional power, the power under Article 226 is not fettered by anything contained in any statutory provision. The power under Article 226 includes not only the power to issue writs mentioned in it but also to issue directions, orders or writs in the nature thereof.
The jurisdiction under Article 226 extends to revenue matters unlike under the Government of India Act.
Although introduced with the best of intentions, this remedy of enforcement of fundamental and other rights has become a much oppressive. Everyday a large number of writs are filed in the High Court and in some High Courts it takes more than ten years to decide a writ. Appeal from a decision of the writ court lies to the Division Bench in the High Court itself and thereafter lies to the Supreme Court and there it takes more than ten years.
As a result of the reorganisation of the states through various enactments enacted by the Parliament as well as regulations made as empowered Articles 3 and 4 and other Articles of the Constitution of India, the latest position regarding the number of High Courts, their territorial jurisdiction and the provision of law under which they came into existence are to be given later on.
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