What is the Transfer of certain cases to High Court? What is the meaning Officers and servants and the expenses of High Courts? Article 228 and 229 of Constitution of India, 1949
Transfer of certain cases to High Court Officers and servants and the expenses of High Courts are defined under Article 228 and 229 of Constitution of India 1949. Provisions under this Article are:
Article 228 of Constitution of India "Transfer of certain cases to High Court"
If the High Court is satisfied that a case pending in a
court subordinate to it involves a substantial question of
law as to the interpretation of this Constitution the
determination of which is necessary for the disposal of the
case, it shall withdraw the case and may?.
(a) either dispose of the case itself, or
(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.
Article 229 of Constitution of India "Officers and servants and the expenses of High Courts"
(1) Appointments of officers and servants of a High Court
shall be made by the Chief Justice of the Court or such
other Judge or officer of the Court as he may direct:
Provided that the Governor of the State may by rule require
that in such cases as may be specified in the rule no person
not already attached to the Court shall be appointed to any
office connected with the Court save after consultation with
the State Public Service Commission.
(2) Subject to the provisions of any law made by the
Legislature of the State, the conditions of service of
officers and servants of a High Court shall be such as may
be prescribed by rules made by the Chief Justice of the
Court or by some other Judge or officer of the Court
authorised by the Chief Justice to make rules for the
purpose:
Provided that the rules made under this clause shall, so far
as they relate to salaries, allowances, leave or pensions,
require the approval of the Governor of the State.
(3) The administrative expenses of a High Court, including
all salaries, allowances and pensions payable to or in
respect of the officers and servants of the court, shall be
charged upon the Consolidated Fund of the State, and any
fees or other moneys taken by the Court shall form part of
that Fund