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State Judiciary

High Court

Article 214 to 231

 

Lower Courts

Article 233 to 237

 

Article 214 High Court for States

No of High Courts 25

1st High Court - Calcutta High Court - 1st July 1862

2nd High Court - Bombay High Court - 14th August 1862

3rd High Court - Madras High Court - 15th August 1862

Delhi High Court - 31st October 1966

MP High Court and Guwahati High Court - Government of India Act 1935

Latest High Court

- Andhra Pradesh High Court - 1st January 2019

- Telangana High Court

 

Article 215 High Court to be Court of Record

 

Article 216 Constitution of High Court

- Chief Justice

- other Judges

- as the President may from time to time deem it necessary to appoint

 

 

 

Article 217 Appointment of High Court Judges

(i) Appointment by President

(ii) Additional High High Court Judge too appointed by President

(iii) Retirement age 62

(iv) Resignation also to be President

(v) Removal - Article 124

(vi) Vacation/ Transfer - President

(vii) Qualification to be come High Court Judge

- Citizen of India

- 10 year experience + Judicial officer or

Advocate of High Court for 10 years or more

(viii) Doubts on Qualifications - Decision of President + CJI consulting

 

Article 218 Application of Certain provisions relating to Supreme Court and High Court

- Article 124

 

Article 219 Oath

- Governor

 

Article 220 Restriction on practice after being Permanent Judge

A retired High Court Judge cannot plead or act in any court except High Court or Supreme Court.

 

Article 221 Salaries etc of Judges

- Parliament

 

Article 222 Transfer of Judge from one High Court to another

- President

 

Article 223 Appointment of Acting Chief Justice

 

Article 224 Appointment of additional and acting Judges

 

Article 224A Appointment of Retired Judges in sittings of High Court

- Chief Justice of High Court can do through consent of President

 

Article 225 Original Jurisdiction

 

Article 226 Power of High Court to issue certain Writs

 

Article 227 Power of Superintendence over all courts by High Court

 

Article 228 Transfer of certain cases to High Courts

If jurisdiction is the problem and a case is on trial, a High Court can transfer the case to another High Court.

 

Article 229 Officers and servants and the expenses of High Courts

- Officers are appointed by Chief Justice

- Expenses from the consolidated fund of India

 

Article 230 Extension of Jurisdiction of High Court to Union Territories

Parliament may by law extend the jurisdiction of a High Court to, or exclude the jurisdiction of a High Court from, any Union territory

1. Lakshwadeep & Kerala - Kerala High Court

2. Bengal & Andaman Nicobar - Calcutta High Court

3. Jammu & Kashmir and Ladak - J & K High Court

4. Tamil Nadu, Pondicherry - Madras High Court

5. Chandigarh, Punjab & Haryana - Punjan and Haryana High Court

6. Dadar & Nagar Haveli, Maharashtra, Goa, Daman and Diu -Bombay High Court

7. Assam, Arunachal Pradesh, Nagaland, Mizoram - Gauhati High Court

 

Article 231 Establishment of common High Courts for more states

 

 

 

Subordinate Courts

Article 233 Appointment of District Judges

- Governor in Consultation with High Court

- 7 Years as lawyer/ pleader + High Court recommendation to Judge.

 

Article 233A Validation of appointments, and judgments, etc.. delivered by, certain district judges

Before 1966 eligibility criteria was 7 years. Judges appointed then to be valid

Their Judgments to

 

Article 234 Recruitment of Persons other than District, Judges, to the Judicial Service

- Governor (High Court + SPSC)

- Prosecutor, Additional Prosecutor, DA etc

 

Article 235 Control over Subordinate Courts

High Court

Lower Court

 

Article 236 Interpretation

 

Article 237 Application of the provisions of this chapter to certain class or classes of Magistrates

Governor can apply provisions of this chapter on other Magistrates

 

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