History & Civics
The High Court stands at the head of the Judiciary in the State. As regards the composition of the High Court, answer the following questions:
(a) How and by whom are the Chief Justice and other Judges of the High Court appointed?
(b) What qualifications are needed for being a Judge of the High Court?
(c) How and by whom may High Court judges be transferred from one High Court to another?
High Courts
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Answer
(a) The Chief Justice of the High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.
The appointment of other judges shall also be made in the same manner except that in their case the Chief Justice of the High Court shall also be consulted.
The Supreme Court ruled that the Chief Justice of India should consult two senior most judges of the Supreme Court before making any recommendation to the President regarding appointment of the Judges of the High Court.
(b) The qualifications needed for being a Judge of the High Court are as under:
- One should be a Citizen of India
- One should have held a judicial office in India for at least 10 years, or
- One should have been advocate of a High Court for at least ten years.
(c) The transfer of judges from one High Court to another comes under the discretion of the President but it requires these conditions to be fulfilled:
- Orders for transfer can be issued after consulting the Chief Justice of India.
- The views of the Chief Justices of the High Courts — one from which the transfer is taking place and another to which the transfer is to be carried out — must also be obtained.
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Related Questions
What do we mean when we say that the High Court is a "Court of Record"?
Mention any two ways by which the Constitution ensures independence and impartiality of the High Courts.
The High Court has an extensive Jurisdiction. In this context discuss the following:
(a) Three types of cases in which it has Original Jurisdiction
(b) Three types of cases in which it has Appellate Jurisdiction
(c) Its Revisory Jurisdiction
Besides the power of issuing the Writs, each High Court is a Court of Record. In this context answer the following questions:
(a) How do the High Courts enforce Fundamental Rights?
(b) How can you say that the Writ Jurisdiction of the High Court is wider than that of the Supreme Court?
(c) What is meant by the assertion that the High Court is a Court of Record?