High Court within the meaning of Article 215 which defines a 'High
Court.' Parliament has the power to establish a common High Court for
two or more states, in exercise of which power the High Court of Assam
had been made a common High Court for Assam, Nagaland, Tripura,
Manipur, etc. The jurisdiction of a High Court is co-terminus with the
territory of a state.
All the High Courts originally form integral parts of a single system
although their territorial jurisdictions are defined. No High Court
can claim superiority over the other. All the High Courts have the
same status under the constitution. Judges of the different High
Courts also belong to the same family even though there may be slight
variations in the authorities who are to be consulted at the time of
their appointment. However, they do not constitute anything like a
single all-India cadre. Each judge is appointed to a particular High
Court though he may be transferred to another High Court only by
virtue of the express provision in Article 222 of the constitution of
India.
Each High Court is a court of record which means that it has the power
to determine questions about its own jurisdiction and the power to
punish for contempt of itself.
Once appointed, any judge of the High Court, including even
an Additional, Acting or ad hoc Judge (Articles 224-224A) has a single
vote in the matter of deciding a case which has been heard by a Bench
of which he is a member and the Chief Justice, if he is on the Bench,
has no primacy on this point. The case will be decided according to
the majority of the equal votes of all Judges comprising the Bench. It
is not unusual for a chief Justice to be outvoted by two or more
junior Judges of the court. Administratively, however, the chief
Justice has some special functions and powers which the puisne judges
do not have.
The Supreme Court of India is the final appellate court in India and
as such, decisions of High Court or any judge thereof may be reversed
by the Supreme Court in exercise of its appellate jurisdiction under
Article 132,133,134,135 and 136. However, for the purposes of appeal,
there is no provision in the Constitution which makes a High Court
administratively subordinate to the Supreme Court in the same manner
as members of the state judiciary below the High Court are
'subordinate' to the High Court.
Each of the states in the first schedule of the constitution has a
High Court within the meaning of Article 215 which defines a 'High
Court.' Parliament has the power to establish a common High Court for
two or more states, in exercise of which power the High Court of Assam
had been made a common High Court for Assam, Nagaland, Tripura,
Manipur, etc. The jurisdiction of a High Court is co-terminus with the
territory of a state.
All the High Courts originally form integral parts of a single system
although their territorial jurisdictions are defined. No High Court
can claim superiority over the other. All the High Courts have the
same status under the constitution. Judges of the different High
Courts also belong to the same family even though there may be slight
variations in the authorities who are to be consulted at the time of
their appointment. However, they do not constitute anything like a
single all-India cadre. Each judge is appointed to a particular High
Court though he may be transferred to another High Court only by
virtue of the express provision in Article 222 of the constitution of
India.
Each High Court is a court of record which means that it has the power
to determine questions about its own jurisdiction and the power to
punish for contempt of itself.
Once appointed, any judge of the High Court, including even
an Additional, Acting or ad hoc Judge (Articles 224-224A) has a single
vote in the matter of deciding a case which has been heard by a Bench
of which he is a member and the Chief Justice, if he is on the Bench,
has no primacy on this point. The case will be decided according to
the majority of the equal votes of all Judges comprising the Bench. It
is not unusual for a chief Justice to be outvoted by two or more
junior Judges of the court. Administratively, however, the chief
Justice has some special functions and powers which the puisne judges
do not have.
The Supreme Court of India is the final appellate court in India and
as such, decisions of High Court or any judge thereof may be reversed
by the Supreme Court in exercise of its appellate jurisdiction under
Article 132,133,134,135 and 136. However, for the purposes of appeal,
there is no provision in the Constitution which makes a High Court
administratively subordinate to the Supreme Court in the same manner
as members of the state judiciary below the High Court are
'subordinate' to the High Court.
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