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State Judiciary

The document discusses the structure and powers of state high courts in India. It notes that each state has a high court that sits above subordinate courts and below the Supreme Court. High courts have original, appellate, writ, and supervisory jurisdiction over cases from their state. Judges are appointed by the president after consultation and must meet qualifications of citizenship, years of experience as a judge or lawyer, and distinguished service. High courts also exercise administrative control over subordinate courts in their state.

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Abhinav JD
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512 views8 pages

State Judiciary

The document discusses the structure and powers of state high courts in India. It notes that each state has a high court that sits above subordinate courts and below the Supreme Court. High courts have original, appellate, writ, and supervisory jurisdiction over cases from their state. Judges are appointed by the president after consultation and must meet qualifications of citizenship, years of experience as a judge or lawyer, and distinguished service. High courts also exercise administrative control over subordinate courts in their state.

Uploaded by

Abhinav JD
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • The State Judiciary: Explains the hierarchical structure of the judiciary in India, focusing on the roles of high courts and subordinate courts.
  • High Court: Describes the establishment, jurisdiction, and constitutional provisions regarding high courts, including common high courts for multiple states.
  • Appointment of Judges: Details the process and qualifications required for the appointment of high court judges, highlighting eligibility criteria.
  • Jurisdiction and Powers of High Court: Discusses the various jurisdictions and powers held by high courts, including writ and appellate jurisdictions and supervisory roles.

The StateJudiciary

The State Judiciary


• In the Indian single integrated judicial system, the high court
operates below the Supreme Court but above the subordinate
courts.
• The judiciary in a state consists of a high court and a hierarchy
of subordinate courts.
• The high court occupies the top position in the judicial
administration of a state.
• Articles 214 to 231 in Part VI of the Constitution deal with the
organization, independence, jurisdiction, powers, procedures
and so on of the high courts.
High Court

• The Constitution of India provides for a high court for each state, but
the Seventh Amendment Act of 1956 authorized the Parliament to
establish a common high court for two or more states or for two or
more states and a union territory.
• The Constitution does not specify the strength of a high court and
leaves it to the discretion of the president.
Appointment of Judges
• The judges of a high court are appointed by the President.

• • The chief justice is appointed by the President after consultation with


the chief justice of India and the governor of the state concerned.

• Qualifications of Judges

• He should be a citizen of India.

• He should have held a judicial office in the territory of India for ten years; or

• He should have been an advocate of a high court (or high courts in


succession) for ten years..
Qualifications of Judges

• A person to be appointed as a judge of the Supreme Court


should have the following qualifications:
❖ He should be a citizen of India.

❖ He should have been a judge of a High Court for five years; or

❖ He should have been an advocate of a High Court for ten years; or

❖ He should be a distinguished jurist in the opinion of the president.


JURISDICTION AND POWERS OF HIGH COURT
•Original Jurisdiction: It means the power of a high court to hear disputes in
the first instance, not by way of appeal
• Writ Jurisdiction: Article 226 of the Constitution empowers a high court to
issue writs including habeas corpus, mandamus, certiorari, prohibition and
quo warranto for the enforcement of the fundamental rights of the citizens
and for any other purpose.
• The high court can issue writs to any person, authority and government not
only within its territorial jurisdiction but also outside its territorial
jurisdiction
•Appellate Jurisdiction: A high court is primarily a court of appeal. It hears
appeals against the judgments of subordinate courts functioning in its
territorial jurisdiction. It has appellate jurisdiction in both civil and
criminal matters.
• Supervisory Jurisdiction: A high court has the power of superintendence
over all courts and tribunals functioning in its territorial jurisdiction
(except military courts or tribunals).
•Control over Subordinate Courts: A high court has an administrative
control and other powers over the subordinate courts
• A Court of Record: The judgments, proceedings and acts of the high
courts are recorded for perpetual memory and testimony.
• Power of Judicial Review: Judicial review is the power of a high court
to examine the constitutionality of legislative enactments and
executive orders of both the Central and state governments

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