The High Courts

1. THE CONSTITUTION OF INDIA
and
PROFESSIONAL ETHICS
CIP 81
HIGH COURTS
ART.214 - ART.231
Class # 12 Week :Mar 24-31

2. HIGH COURTS [Art.214 to Art.231]
[Art.214]:
Head of the State Judicial Administration
Comprises of a CJ – Chief Justice and such other justice
as the President may from time to time, appoint.
Appointment of Judges: [Art.217]:
President appoints every judge of a High Court,
including the Chief Justice.
a) High Court CJ: in consultation with the CJ of India
and the Governor of the State.
b) HC Judges: in consultation with HC CJ, Governor of
the State and CJ of India.

3. HIGH COURTS [Art.214 to Art.231]
Term of High Court Judge
• till 62 years of age.
may resign by writing to the President
Qualifications of High Court Judge
Citizen of India:
An advocate of High Court or High Courts
for at least 10 years
Removal of the High Court Judge [Art.217(1)(b)]
By the President on an address by both Houses of
Parliament, presented in the same session for
proved misbehavior or incapacity.
supported by a majority of total membership in
each house and also
by a 2/3 majority of members of House present and
voting.

4. HIGH COURTS [Art.214 to Art.231]
[Art.226]
Powers of High Court
•Powers throughout the territories (jurisdiction)
To issue directions, order or writs, including writs in
the nature of Habeas Corpus, Mandamus, Prohibition,
Certiorari and Quo-warranto or for any of them,
for the enforcement of any of the rights conferred by
Fundamental Rights and for any other purpose
against any person or authority including in appropriate
cases any Govt. within these territories
[Art.227]
Every Court shall have superintendence (control )
Over all courts and tribunals
Throughout the territories in relation to which
it exercises its jurisdiction

5. HIGH COURTS [Art.214 to Art.231]
[Art.228]
Transfer of certain cases to High Court
HC should be satisfied that
A case pending in a court subordinate to it
Involves a substantial question of Law
As to the interpretation of the Constitution
The determination of which
Is necessary for the disposal of the case.

6. Difference between
Attorney General of India Advocate General of State
[Art.76] [Art.165]
•Appointed by President
•Qualified to become a
Supreme Court judge
•Holds office During
pleasure of President
•Duty: to give legal
advice on matters
assigned to him by
President
•Right to speak in both
Houses of the
Parliament (though not a
member of Parliament)
•Appointed by Governor
•Qualified to become a
High Court judge
•Holds office During
pleasure of Governor
•Duty: to give legal
advice on matters
assigned to him by
Governor
•Right to speak in both
Houses of the State
Legislature (though not
a member of legislature)