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The document provides information about the history and establishment of the Calcutta High Court as well as details regarding the appointment process, qualifications, oath, tenure and roles of High Court judges in India.

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0% found this document useful (0 votes)
20 views5 pages

College Project

The document provides information about the history and establishment of the Calcutta High Court as well as details regarding the appointment process, qualifications, oath, tenure and roles of High Court judges in India.

Uploaded by

gaming zone
Copyright
© © All Rights Reserved
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High Court of Calcutta visit on 16.02.

2023

Under the guidance of Mrs. Debika Mukherjee,Assistant Professor,MIES R.M Law College

Submitted by :
Name Ankan Chakraborty
Batch A6
Registration Number 0001748 of 2020-2023
Roll Number 13
Section A
Session 2020-2023
Year of Submission 2023
INDEX
Sl. No. Topic Page
Number
1. History of the High Court, Calcutta 1

2. Appointment of Judges in the High Courts in India 2

3. List of Current Judges of the High Court, Calcutta 3-4

4. List Of Cases For Hearing On Thursday, 16th of 5-6


February, 2023 (Original Jurisdiction)

5. List Of Cases For Hearing On Thursday, 16th of 7-9


February, 2023 (Appellate Jurisdiction)
6. My Observation 10

7. Conclusion 11

8. Acknowledgement 12
History of the High Court, Calcutta

Introduction
The Calcutta High Court is the oldest High Court in India. It is located at Esplanade
Row West, Kolkata, West Bengal. It has jurisdiction over the state of West
Bengal and the Union Territory of the Andaman and Nicobar Islands. The High
Court building's design is somewhat based on the Cloth Hall, Ypres, in Belgium.[2] It
is the oldest high court in India.[3]
Currently, the court has a sanctioned judge strength of 72.

History
The Calcutta High Court is one of the three High Courts in India established at the
Presidency Towns by Letters patent granted by Queen Victoria, bearing date 26
June 1862, and is the oldest High Court in India. It was established as the High
Court of Judicature at Fort William on 1 July 1862 under the High Courts Act,
1861, which was preceded by the Supreme Court of Judicature at Fort William. The
building structure was designed by Walter Long Bozzi Granville.
The High Court of Judicature at Fort William was formally opened on 1st July, 1862,
with Sir Barnes Peacock as its first Chief Justice. Appointed on 2nd February, 1863,
Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the
Calcutta High Court, followed by legal luminaries such as Justice Dwarka Nath
Mitter, Justice Ramesh Chandra Mitter, Sir Chunder Madhab Ghosh, Sir Gooroodas
Banerji, Sir Ashutosh Mookerjee and Justice P.B. Chakravartti who was the first
Indian to become a permanent Chief Justice of the Calcutta High Court.
The Calcutta High Court has the distinction of being the first High Court and one of
the three Chartered High Courts to be set up in India, along with the High Courts of
Bombay, Madras.

1
Appointment of Judges of the High Courts in India

Appointment of High Court Judges


• The Judges of a High Court are appointed by the President.
• The President appoints the chief justice after consulting with the Chief Justice of India and the governor of the state in question.
• The chief justice of the relevant high court is also consulted for the appointment of additional judges.
• The judges of a high court are appointed by the president (which means cabinet) in consultation with the members of the judiciary (i.e.,
chief justice of India and the chief justice of the high court).
• This provision limits the executive's ultimate freedom while also ensuring that judicial appointments are not influenced by political or
practical concerns.
• In the case of a common high court for two or more states, the president consults with the governors of all the states involved.
• The Chief Justice of the High Court is appointed in accordance with the policy of appointing Chief Justices from states other than their
own.
• Article 217 of the Constitution of India provides the appointment and conditions of the office of a judge of a High Court.

Qualifications for appointment as a Judge of High Courts


• A person to be appointed as a judge of a high court, should have the following qualifications:
• He must be an Indian citizen.
• Must have served in a judicial capacity in India for at least ten years.
• For at least 10 years, he must have worked as an advocate in a High Court or two or more such Courts in succession.
• It is clear from the above that the Constitution does not specify a minimum age for nomination as a high court judge.
• Furthermore, unlike the Supreme Court, the Constitution contains no provision for the nomination of a prominent jurist to a high court
bench.

Oath of a Judge of a High Courts


• Under Article 219, a person appointed as a High Court Judge must take and swear an oath or affirmation before the Governor of the
State before taking office.
• A high court judge swears in his oath:
• To bear true faith and allegiance to the Constitution of India;
• To uphold the sovereignty and integrity of India;
• To duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of the office without fear or favour,
affection or ill-will;
• To uphold the Constitution and the laws.
• The salaries and allowances of the High Court Judges are paid from the State Consolidated Fund.

Acting Chief Justice:

Tenure of Judges
• The tenure of a high court judge is not specified by the Constitution.
• However, it makes the following four provisions in this regard:
• He holds office until the age of 62. Any doubts about his age must be resolved by the president after consulting with the Chief Justice of
India, and the president's judgement is definitive.
• He has the option of resigning his position by writing to the president.
• On the recommendation of the Parliament, the President has the authority to remove him from office.
• He leaves his position when he is appointed to the Supreme Court or transferred to another high court.

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