RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES – A.P.

UNIT-VI:
JUDICIARY SYSTEM IN INDIA

Introduction:

The judiciary is that branch of the government that interprets the law, settles disputes and
administers justice to all citizens. The judiciary is considered the watchdog of democracy, the
guardian of the Constitution and the Champion of the rights and liberties’. For democracy to
function effectively, it is imperative to have an impartial and independent judiciary. It protects
and interprets the constitution and settle the dispute between the centre and states.
On 26 January 1950, the Indian Constitution was written and it is world’s largest constitution
written. The constitution is the source of law in India and also the supreme law of India. Judicial
System of India consists of Supreme Court, High Court, District Court or Subordinate Court.

Features of Judiciary System in India

Organisation of Judiciary must be based on the following features:
(1) Appointment of only highly qualified and experienced judges.
(2) The Judiciary must have prevented the executive and legislature from committing excesses.

(3) The ability of the judiciary to maintain and independently run the judicial administration.
(4) The Judiciary must be made the guardian protector of the Constitution,
(5) The Judiciary must ensure full, fair and less- expensive opportunities to the people for
defending their rights and getting justice.
(6) The method of appointment of judges must be fair, systematic, effective and transparent.

(7) Method of removal of judges should be difficult and no single should have the power to
remove the judges.
(8) Judges must be paid high salaries, necessary allowances, good service conditions, and
appropriate retirement benefits.
By incorporating all these features in the judicial system, a well organised and independent
judiciary can be secured.
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STRUCTURE OF INDIAN JUDICIARY

India has a single integrated judicial system. The judiciary in India has a pyramidal structure
with the Supreme Court (SC) at the top. High Courts are below the SC, and below them are the
district and subordinate courts. The lower courts function under the direct superintendence of
the higher courts.
The diagram below gives the structure and organisation of the judicial system in the country.

1. Supreme Court: It is the Apex court of the country and was constituted on 28th January
1950. It is the highest court of appeal and enjoys both original suits and appeals of High Court
judgments. The Supreme Court is comprised of the Chief Justice of India and 34 (including
CJI) other judges. Articles 124-147 of the Constitution of India lay down the authority of the
Supreme Court.
2. High Courts: High Courts are the highest judicial body at the State level. Article 214 lays
down the authority of High Courts. There are 25 High Courts in India. High Courts exercise
civil or criminal jurisdiction only if the subordinate courts in the State are not competent to try
the matters. High Courts may even take appeals from lower courts. High Court judges are
appointed by the President of India upon consultation with the Chief Justice of India, the Chief
Justice of the High Court and the Governor of the State.
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3. District Courts: District Courts are established by the State Governments of India for every
district or group of districts based on the caseload and population density. District Courts are
under the direct administration of High Courts and are bound by High Court judgments. Every
district generally has two kinds of courts:
a. Civil Courts
b. Criminal Courts

District Courts are presided over by District Judges. Additional District Judges and Assistant
District Judges may be appointed based on the caseload. Appeals against District Court
judgments lie in the High Court.
4. Lok Adalats/Village Courts: these are subordinate courts at the village level which provide
a system for alternate dispute resolution in villages.
5. Tribunals: the Constitution provides the government with the power to set up special
Tribunals for the administration of specific matters such as tax cases, land cases, consumer
cases etc.

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FUNCTIONS OF JUDICIARY
1. To Give Justice to the people: The first and foremost function of the judiciary is to give
justice to the people, whenever they may approach it. It awards punishment to those who after
trial are found guilty of violating the laws of the state or the rights of the people. The judiciary
fixes the quantity and quality of punishment to be given to the criminals. It decides all cases
involving grant of compensations to the citizens.
2. Interpretation and Application of Laws: One of the major functions of the judiciary is to
interpret and apply laws to specific cases. In the course of deciding the disputes that come
before it, the judges interpret and apply laws. Every law needs a proper interpretation for getting
applied to every specific case. This function is performed by the judges. The law meanswhat the
judges interpret it to mean.
3. Role in Law-making: The judiciary also plays a role in law-making. The decisions given
by the courts really determine the meaning, nature and scope of the laws passed by the
legislature. The interpretation of laws by the judiciary amounts to law-making as it is these
interpretations which really define the laws.
Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records,
are binding upon lower courts. The latter can decide the cases before them on the basis of the
decisions made by the higher courts. Judicial decisions constitute a source of law.
4. Equity Legislation: Where a law is silent or ambiguous, or appears to be inconsistent with
some other law of the land, the judges depend upon their sense of justice, fairness, impartiality,
honesty and wisdom for deciding the cases. Such decisions always involve law-making. It is
usually termed as equity legislation.
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5. Protection of Rights: The judiciary has the supreme responsibility to safeguard the rights
of the people. A citizen has the right to seek the protection of the judiciary in case his rights
are violated or threatened to be violated by the government or by private organisations or fellow
citizens. In all such cases, it becomes the responsibility of the judiciary to protect his rights of
the people.
6. Guardian of the Constitution: The judiciary acts as the guardian of the Constitution. The
Constitution is the supreme law of the land and it is the responsibility of the judiciary to
interpret and protect it. For this purpose, the judiciary can conduct judicial review over any law
for determining as to whether or not it is in accordance with the letter and spirit of the
constitution. In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary
and it becomes invalid for future. This power of the court is called the power of judicial review.
7. Power to get its Decisions and Judgements enforced: The judiciary has the power not only
to deliver judgements and decide disputes, but also to get these enforced. It can direct the
executive to carry out its decisions. It can summon any person and directly know the truth from
him.
8. Special Role in a Federation: In a federal system, the judiciary has to perform an
additionally important role as the guardian of the constitution and the arbiter of disputes
between the centre and states. It acts as an independent and impartial umpire between the
central government and state governments as well as among the states. All legal centre-state
disputes are settled by the judiciary.
9. Running of the Judicial Administration: The judiciary is not a department of the
government. It is independent of both the legislature and the executive. It is a separate and
independent organ with its own organisation and officials. It has the power to decide the nature
of judicial organisation in the state. It frames and enforces its own rules.
These govern the recruitment and working of the magistrates and other persons working in the
courts. It makes and enforces rules for the orderly and efficient conduct of judicial
administration.
10. Advisory Functions: Very often the courts are given the responsibility to give advisory
opinions to the rulers on any legal matter. For example, the President of India the power to
refer to the Supreme Court any question of law or fact which is of public importance.
11. To Conduct Judicial Inquiries: Judges are very often called upon to head Enquiry
Commissions constituted to enquire into some serious incidents resulting from the alleged
errors or omissions on the part of government or some public servants. Commissions of enquiry
headed by a single judge are also sometimes constituted for investigating important and
complicated issues and problems.
12. Miscellaneous Functions: The judiciary also performs several other functions such as the
appointment of certain local officials of the court, choosing of clerical and other employees.
Cases relating to grant of licenses, patents, and copy rights, the appointment of guardians and
trustees, the admission of wills, to appoint trustees to look after the property of the minors, to
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settle the issues of successions of property and rights, issue of administrating the estates of
deceased persons, the appointment of receivers, naturalization of aliens, marriage and divorce
cases, election petitions etc.

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THE SUPREME COURT OF INDIA
The Supreme Court is the apex court in India. The constitution says that the judgements of the
Supreme Court shall be binding on all other courts within the territory of India. The Supreme
Court decisions are final and can be modified only by the Supreme Court itself.
The origin of the Supreme Court in India can be traced back to the Regulating Act, 1773 during
the British regime. Under this provision this act the British Parliament established a Court of
India at Calcutta. It was not a federal in nature but a unified single court. After that eminent
members in the Constituent Assembly like Jawaharlal Nehru, Dr.B.R Ambedkar and Dr.
Rajendra Prasad played a significant role in finalising the draft on the Supreme Court. The
borrowed “Rules of Law” from Britain and “Judicial Review” from United States. They felt
the need of an integrated judicial system for the entire country.
The Supreme Court of India was inaugurated on January 28, 1950 at the chamber of the
Princess in the Parliamentary Building. Harilal J. Kania acted as the last Chief Justice of the
Federal Court and the first Chief Justice of the Supreme Court in India.
Part V of the Indian Constitution from Article-124 to 147 deals with the composition,
appointment, qualifications of judges, and powers and functions of the Supreme Court.

(a) Composition of the Supreme Court

Article 124 provides for the establishment of the Supreme Court. The Supreme Court consists
of a Chief Justice of India (CJI) and such number of other judges as is provided by the law.
The Parliament is authorised to change the number of judges in the Supreme Court. At the time
of commencement of the constitution, the Supreme Court constituted of a Chief Justice and
seven other judges. At present, it consists of 9 Chief Judges and 31 other Judges in the Supreme
Court on account of the increase in its load of works. There may be some Ad-hoc judges and
retired judges on temporary basis in the Supreme Court.
Nuthalapati Venkata Ramana is the present Chief Justice of the Supreme Court.

(b) Appointment of the Supreme Court Judges

Article-124 (2) of the Constitution provides that the judges of the Supreme Court, including
Chief Justice, shall be appointed by the President of India. In the appointment of Chief Justice,
the President consults other judges of the Supreme Court and High Courts as he may deem
necessary. Or in the appointment of other judges, the President must concurrence the Chief
Justice of India.
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(c) Qualifications for the Supreme Court Judges

According to Article-123 (3), the following are the qualification of the judges.
(a) He should be a citizen of India.
(b) He must have continuously worked as a judge in one or more High Courts at least for a
period of 5 years.
(c) He must have continuously worked as an advocate in one or more High Courts for a period
of not less than 10 years.
(d) He should be an eminent jurist in the opinion of the president of India.

Normally those persons, who possess high moral integrity, constitutional expertise, legal
acumen, social outlook, impartial attitude etc, will assume various offices in the judiciary.
(d) Salary and Allowances
The Chief Justice of India (CJI) receives a monthly salary of ₹3,50,000 as of
September 2024. The salary structure for the CJI includes:
 Basic pay
 Pension
 Gratuity
 Dearness allowance (DA)
 House rent allowance (HRA)
 Other allowances
The salary structure and allowances of the CJI may change over time based
on government regulations and recommendations.
Here are the salaries of other judges in India:
 Supreme Court Associate Judges: ₹3,25,000 per month
 Chief Justice of a High Court: ₹2,50,000 per month
 Other judges holding positions in High Courts: ₹2,25,000 per month
 District and session judges: ₹1,44,000–₹2,24,000 per month
Judges in India receive a pension equivalent to 50% of their last drawn
salary.

(e) Tenure of the Judges of Supreme Court

The constitution has not prescribed minimum age for the appointment of the judges of the
Supreme Court. They have fixed tenure. They hold the office till reaching the age of retirement.
The present retirement age is 65 years. So, once appointed, the Chief Justice and other judges
shall continue in office till they attain 65 years of age.
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(f) Seat of the Supreme Court

According to Article-130 of the Constitution, the Supreme Court ordinarily shall sits at New
Delhi. The Supreme Court of India was inaugurated on January 28, 1950 at the chamber of the
Princess in the Parliamentary Building. Harilal J. Kania acted as the last Chief Justice of the
Federal Court and the first Chief Justice of the Supreme Court in India.
The proceedings in the Supreme Court are followed in English language. All documents are
translated into English language. All general cases are adjudicated by a Division Bench
comprising two or more judges. Cases involving the Constitutional matters are heard by a
constitution bench consisting of five judges. For considering special cases larger benches
consisting of five or more than five judges are constituted.
(g) Method to Removal of the Supreme Court Judge:
There is no provision in our constitution for impeachment of a judge but Article-124 provides
that the President can remove a judge from office after an address passed by the Parliament in
each house by a majority of its total membership and 2/3rd majority of its members present and
voting is presented to the President on the grounds of proved misbehaviour or incapacity of the
judge in question.
Only one case of removal resolution against Justice R.V Ramaswamy at the time of Congress
Party.

(h) Immunities of Judges: (Legal protection)

According to Article 121 of the Constitution, no discussion shall take place in the Parliament
with respect to the conduct of any judge of the Supreme Court in the discharge of his duties
except upon a motion of impeachment. There are legal provisions which protect the court from
the criticism of the citizens. In case of an adverse comment on the functioning of the court, the
Supreme Court can initiate the proceedings of contempt of the court against the offender.

& & & & & POWERS

AND FUNCTIONS OF THE SUPREME COURT
The Supreme Court of India enjoys and exercises the following types of jurisdictions:

(1) Original Jurisdiction:

Original jurisdiction means the power to hear and determine a dispute in the first time. Under
this jurisdiction, the Supreme Court can directly hear several cases without going to the lower
courts. The Supreme Court enjoys original or exclusive jurisdiction in the following cases
under Article-131:
(A) The dispute between the Union government of India and one or more states.
(B) The dispute between two or more states.
(C) The dispute between the Union government and state government of one or more states on
one side and other states on the other side.
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(2) Appellate Jurisdiction:

The Supreme Court acts as the highest court of appeal in India. Appeal jurisdiction means the
power and jurisdiction of the Supreme Court to entertain appeals against the decisions of the
lower courts, i.e. High Courts. A person can make appeal to the Supreme Court against the
decisions of the High Court when he feels proper justice is not done to him. The appellate
jurisdiction of the Supreme Court can be divided into the following cases:
(i) Constitutional Matters: According to Article-132 of Constitution, if the High Court
certifies that a particular case is fit for appeal and substantial question of law is involved which
needs further interpretation of the constitution, the appeal can be made in the Supreme Court.
In case of High Court refuses to certify the case, the Supreme Court can itself certify to that
effect and hear the appeal.
(ii) Civil Matters: According to Article-133 all types of civil cases can be taken to the Supreme
Court as an appeal against the decision of the High Court. But, the High Court must certify to
the effect that the case is fit for approval. In the case the High Court refuses to certify, the
Supreme Court can itself certify to that effect and allow appeal before itself.
(iii) Criminal Cases (Appeals): According to Article-134, in criminal cases, an appeal can be
taken before the Supreme Court against the decision of the High Court in the given ahead cases:

(a) When the High Court has in an appeal reversed the order of acquittal of an accused person
and sentence him to death.
(b) When the High Court has withdrawn for trail before itself any case from any subordinate
court to its authority and has in such trial convicted the accused person and sentenced him to
death.
(iv) Special Appellate Jurisdiction: According to Article-136, the Supreme Court can itself
grant special leave to appeal from the judgements of any court or tribunal in the territory of
India.
(v) Revisory Jurisdiction: According to Article 137, the Supreme Court is empowered to
review any judgment or order made by it with a view to removing any mistake or error that
might have crept in the judgement or order.
(3) Court of Record:
According to Article 141, the Supreme Court acts as court of record which means that as a
Superior court its proceedings, acts, and judgements are kept in record for a perpetual memory
and further verification and reference. All the judgements and judicial proceedings of the
Supreme Court shall be treated as a model and guide to all other courts in hearing similar cases
in future.

(4) Advisory Jurisdiction:

According to Article 143 of the constitution, the Supreme Court has some advisory jurisdiction.
The President of India may seek the opinion of the Supreme Court on any question of law of
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fact of public importance. After such reference from the President, the Supreme Court may
report to the President its opinion there on.

(5) Writ Jurisdiction:

The word ‘writ’ literally means ‘order’ in written form. Article 32 of our constitution confers
authority upon the Supreme Court, to issue a constitutional writ for the enforcement of
fundamental rights of the citizens. Any person, whose fundamental rights have been violated,
can directly move the Supreme Court for remedy. The Supreme Court issue Habeas Corpus,
Mandamus, Prohibition, Quo-Warranto and Certiorari etc, for enforcing the fundamental
rights.
(a) Habeas Corpus: It means ‘to have the body of’. It is issued for release of a person or to
produce the person before the court.
(b) Mandamus: It means ‘we command’. It is issued to the public official to do a duty. This
cannot be issued against private persons.
(c) Prohibition: It means ‘to forbid’. It is issued by a higher court to a lower court to prevent
the latter from exceeding its jurisdiction.

(d) Quo-Warranto: It means ‘by what authority or warrant’. If the courts finds that a person is
holding a public office which is not entitled to hold that office. It is restricting that person from
acting in that office.
(e) Certiorari: It means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a
lower court for violate their jurisdiction.

(6) Power of Judicial Review:

Another power and function of Supreme Court is of judicial review, which means the power of
the Supreme Court or High Courts to examine the constitutional validity of the legislative
enactments and executive actions of both central and state governments and to declare them
‘null and void’ if found it is not in consonance with the constitution.

(7) Other Powers:

Besides the above, the Supreme Court has numerous other powers:
(i) The Supreme Court acts as the custodian of the fundamental rights of Indian citizens.
(ii) It is the ultimate interpreter of the constitution.

(iii) It formulates necessary rules for proper maintenance of records and also for the purpose
of practice by the advocates in the country.
(iv) The Chief Justice of Supreme Court acts as the President of India for temporary period
under certain special circumstances.
(v) The Supreme Court, on the orders of the President, enquires on the conduct and behaviour
of the chairman and members of UPSC and SPSCs.
(vi) The Supreme Court Judges may be appointed as the head of special committees constituted
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by the government.
(vii) It hears election disputes of the President and the Vice-President of India.

(viii) The Supreme Court timely provide guidelines to the Election Commission of India.
Conclusion: The study of the powers and functions of Supreme Court of India leads one to
conclude that it is one of the most powerful courts in the world. Being a single judiciary system
in India, Supreme Court is at the apex of the judicial system and has both original and appellate
jurisdiction and no appeals can be made against its decision.
INDEPENDENCE OF JUDICIARY- SUPREME COURT
Judiciary is a part of the democratic political structure of the country. The independency of
judiciary is safeguards the rights of individual and settles disputes in accordance with the law.
It ensures the democracy does not give way to individual or group dictatorship in order to able
to do all this, it is necessary that the judiciary is independent of any political pressure.
The constitution of India has made the following arrangements to maintain the independence
of the judiciary:
(A) Impartial Method of Appointment: Of all the methods of the appointments, the
appointment of the judges by the executive on the basis of fixed qualifications is considered
the best. According to Article-124 of the constitution of India, the judges of the Supreme Court
are appointed by the President out of the persons who fulfil the qualification mentioned in the
constitution. Apart from this, in the appointment of the Chief Justice, the President consults the
judges of the Supreme Court and the High Court and in the appointment of the judges, consults
the Chief Justice of India.
(B) Difficult Method to remove them from office: The judges can be removed from their
office only through impeachment for which both the houses of the Parliament have to pass a
resolution with 2/3 majority of the members present and voting and this has to be an absolute
majority of the total members. This is difficult method and ensures security to the judges.
(C) Long tenure of the judges: The Independency of Judiciary also depends on the long tenure
of the judges. The short tenure makes the judges feel insecure. In our country, the judges of
Supreme Court stay in their office up to 65 years of age and High Court up to 62 years of age,
whereas the government employees stay in their office up to 60 years of age.
(D) High Qualifications: Only a judge who is highly qualified can maintain his independence
and such a person does not become a puppet in the hands of lawyers. Article 124 (3), makes
mention of the Supreme Court.
(E) High Salaries: The judges must be paid high salaries so that they remain free from
economic worries. In India, the Chief Justice of the Supreme Court gets a monthly salary of
Rs.1, 00,000 and other judges Rs.90, 000. Apart from this, they get many other facilities and
allowances. The salary of the judges cannot be reduced during their tenure except of financial
emergency time.
(F) No Practice after Retirement: The Constitution of India has also provided that a judge of
High Court or Supreme Court and that a judge after his retirement from the Supreme Court
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cannot work as a private practitioner of law in any court of the country.

(G) Special Privileges to Judges: Under Article 121 of the Constitution, it is especially
provided that the actions and decisions of the judges in their official capacity are immune from
criticism in the sense that no motives may be imputed to them. Even the Parliament cannot
discuss the conduct of the judges unless a substantive motion of impeachment is moved into
the house.
(H) Oath of House: While assuming their office the judges are administered an oath that they
shall discharge their duty without any fear and favour. So, oath also makes them to work
independently.

IMPORTANCE OF INDEPENDENCY OF JUDICIARY

In the life of the citizens of a state, Judiciary is a source of confidence and fearlessness. The
common man depends upon judiciary for getting justice. Without a security of rights and
freedom guaranteed by the judiciary, they cannot really hope to carry out their jobs and enjoy
their living. They are more dependent upon judiciary than the legislature and the executive.
Without judicial protection, their lives can become miserable. From citizens point of view
Judiciary is the most important organ of the government.

Judiciary enjoys a big importance in the eyes of the people because it acts as:
(1) The dispenser of Justice.
(2) Protector of the rights of the people.
(3) Guardian protector of the Constitution of the State.
(4) Arbiter of center-state disputes.
(5) Safeguard against Legislative and executive excesses.
(6) Check against arbitrary exercise of powers by the power-holders.
(7) Guardian of Rule of Law and Justice.
An independent judiciary is always considered to be the most essential part of every democratic
government worth its name. A government without judiciary is almost inconceivable. A
government without independent judiciary is always held to be an authoritarian government.
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Public Interest Litigation (PIL)

The Institution of Public Interest Litigation originated in USA during the mid-1960s. PIL or
Social Action Litigation is an offshoot of liberalized rules of locus-standi (who are you? Or
what is your position in the case?). The traditional ruleof locus-standi was based on the fact
that judicial remedy can be sought only by those who have suffered an injury on account of
violation of legal right by some public authority. The PILchoose liberalize this rule by making
it clear that any person who suffer an injury but is unableto reach the court can take help of
public-minded citizens to reach the court to seek justice.
Public Interest Litigation Movement in India emerged during post-emergency years intending
to make the judicial system accessible to the socially and economically lower sections of the
society. In Public Interest Litigation (PIL) any person or group can approach the Supreme Court
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and High Court for the redressal of grievances on behalf of the victim or victims who were
incapable of approaching the court.
Under this new arrangement, a destitute citizen can file a writ petition even though a simple
letter written on the post card. This derives authenticity from the ‘right to be heard’ as implied
by Article 32 of our constitution. But the court has to ensure that the petitioner who approaches
the court with PIL, is acting bona-fide and not for personal gains, private profit, political or
other oblique considerations. The court should not allow this process to be abused by politicians
and others to delay legitimate administrative action or to gain a political objective.
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THE ATTORNEY-GENERAL OF INDIA (AGI)
Article 76 of our constitution provided for the office of the Attorney General of India. The
Attorney General is the highest law officer of the union government. He is appointed by the
President of India. He holds the office during the pleasure of the President. He is entitled to all
privileges and immunities allowed to a Member of Parliament. When he attends sessions of the
House, he occupies a seat on the treasury government benches.
(a) Qualification
The Attorney General of India possess the same qualifications that are necessary for a judge of
the Supreme Court. They are as follows:
(i) He must be a citizen of India.

(ii) He must have served as a judge in some High Courts for a period of at least five years.
(iii) He must have served as an advocate in some High Courts for a period of at least ten years.
(iv) He must be a distinguished jurist in the opinion of the President.

(b) Pay and Allowances

The Attorney General of India is paid not a salary but a remuneration that is determined by the
President. The remuneration of Attorney General is equal salary of a judge of the Supreme
Court.

(c) Procedure of Removal

The Attorney General of India may quit his office by submitting his resignation to the President.
He can be removed by the President in case a special address is passed charging himwith ‘proved
misbehaviour’ or ‘incapacity’ by each House of Parliament with its absolute majority and with
two-thirds majority of the members present and voting.

Powers and Functions of the Attorney General of India

The constitution assigned some specific powers and functions to the Attorney General of India.
They are explained as follows;
(1) The Attorney General of India render advice to the union government upon such legal
matters which are referred to him by the President.
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(2) He performs such other functions of legal character that are assigned to him by the President
from time to time.
(3) He discharges the functions conferred on him by the constitution or any other laws.
(4) He appears in any court of law on behalf of the union government in all cases.
(5) He represents the government in any reference made by the President to the Supreme Court.

(6) He appears in any High Court on behalf of the union government.

The Attorney General of India can carry on his private practice. But he cannot plead against
the union government of India. Though is not a member of the Parliament he enjoys the right
to attend and speak in the Parliamentary deliberations and meetings, without a right to vote. He
sits in the Treasury Benches in the two Houses of Parliament.

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STATE JUDICIARY
Introduction
The state judiciary is the third organ of the state government. The constitution of India provided
a single integrated judicial system of courts for the union as well as the states. It interprets the
state laws and acts as the head of the entire judicial system in the state. Ofcourse it works under
the supervision of the Supreme Court. The judiciary in a state consists of a High Court and a
hierarchy of subordinate courts. So the High Court occupies as highest position in the judicial
administration of a state.

The High Court

The institution of High Court originated in India in 1862 when three High Courts were setup at
Calcutta, Bombay, and Madras. In 1986 a fourth High Court was established at Allahabad. In
course of time, each province in British India came to have its own High Court. After 1950,a
High Court existing in a province became the High Court for the corresponding state.
The constitution of India provides for a High Court for each state, but the 7th Amendment Act
1956 authorized the Parliament to establish a common High Court for two or more states and
Union territory. Most of the states in India have a High Court of their own. All other subordinate
courts and tribunals have to carry their functions subjected to the authority of HighCourt.
Articles 214 to 231 in Part-VI of Constitution deal with the organisation, qualifications,
appointment, independence, jurisdiction, powers and procedures etc., of the High Court.
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At present there are 24 High Courts in India. Out of them, four are the common High Courts.
Delhi is the only Union Territory that has a High Court of its own. The other union territories
fall under the jurisdiction of different state high courts. The union Parliament can extend or
exclude the jurisdiction of a high court to any union territory.

(a) Composition
Every High Court shall consist of a Chief Justice and some other judges. Our constitution does
not specify the exact strength of High Court judges. The President determines the strength of a
High Court and appoint them from time to time depending upon its workload. Besides, the
President has the power to appoint additional judges for a temporary period not exceeding two
years as an acting judge, where a permanent judge of a High Court is temporary absent or
unable to perform his duties. Such judges hold office until the permanent judge resumes his
office.

(b) Appointment of the High Court Judge

The Chief Justice of High Court is appointed by the President after consultation with the Chief
Justice of India and the Governor of the concerned state. The other judges of High Court are
appointed by the President with consultation of the Chief Justice of High Court of the concerned
state. In case of a common High Court for two or more states, the Governors of concerned
states are consulted by the President.
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(c) Qualifications of High Court Judge

A person to be appointed as judge of High Court should possess the following qualifications.
(a) He should be a citizen of India.
(b) He must have held a judicial office in the territory of India for at least 10 years.
(c) He must have continuously worked as an advocate in one or more High Courts for a period
of 10 years.
However, the constitution has not prescribed a minimum age for appointment as a judge of a
High Court. Normally those persons, who possess high moral integrity, constitutional
expertise, legal acumen, social outlook, impartial attitude etc, will assume various offices in
the judiciary.

(d) Salary and Allowances

The salaries, allowances, privileges, leave and pension of judges of a High Court are
determined by the Parliament from time to time. The Chief Justice of High Court gets a monthly
salary of Rs.90, 000 and other Judges draw Rs.80, 000. They are also entitled to other
allowances, facilities and privileges like rent-free residence, travelling expenses within the
country, pension etc. Their salaries and allowances cannot be reduced except under financial
emergency. The salaries and allowances are drawn from the consolidated fund of the state. The
retired Chief Justice and other judges are entitled to 50% of their last drawn salary as monthly
pension.

(e) Tenure
The constitution has not prescribed minimum age for the appointment of the judges of High
Court. They have fixed tenure. They hold the office till reaching the age of retirement. The
present retirement age is 62 years. So, once appointed, the Chief Justice and other judges shall
continue in office till they attain 62 years of age.

(f) Method to Removal

There is no provision in our constitution for impeachment of a judge but Article-124 provides
that the President can be removed on the grounds of proved misbehaviour or incapacity. The
President can remove a judge from office after an resolution passed by the Parliament in each
house by a majority of its total membership and 2/3rd majority of its members present and
voting is presented to the President.
(g) Transfer of High Court Judges
The President can Transfer a judge from one High Court to another after consulting the Chief
Justice of India. On transfer, he is entitled to receive in addition to his salary such compensatory
allowance as may be determined by the Parliament.
RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES – A.P.

Powers and Functions of High Court Judges

The judges of High Court enjoy freedom in their functioning. No person or officer shall
interfere or involve in the discharge of their duties. No attempt shall be made by anyone to
influence or insist on the judges in regard to the declaration of the judgements. Our constitution
also confers some other powers on a High Court. The following are the powers and functions
of the High Court.

(1) Original Jurisdiction

. Under this jurisdiction, the High Court can directly hear several matters like admiralty, will,
marriage, divorce, company laws, contempt of court and certain revenue cases.without going
to the lower courts. Under Article 226, the High Court is empowered to issue directions, orders
or writs for the enforcement of the fundamental rights. Every High Court is also empowered to
settle disputes relating to election of members of Parliament and state legislatures. The 42nd
Amendment Act, 1976 of the Constitution took away this authority. However, the 43rd
Amendment Act, 1977 again restored it.

(2) Appellate Jurisdiction:

Every High Court hears appeals against the judgement of the subordinate courts. The Appellate
Jurisdiction of the High Court extends to both Civil and Criminal cases.
(a) Civil Cases: An appeal to the High Court on the civil side is either a first appeal or a second
appeal. In civil cases, appeal to the High Court lies from the decision of a district court and the
dispute involves a value of more than Rs.5,00,000 or a question of fact of law. When a court
subordinate to the High Court decides an appeal differing from the decision of an inferior court,
a second appeal can be made to the High Court.
(b) Criminal Cases: In Criminal cases, it hears the appeals in which accused has been
sentenced to more than seven years imprisonment by the Session Judge. All cases involving
capital punishment awarded by the Session Court come to High Court as appeals. Its approval
RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES – A.P.

is necessary for the imposition of death sentences by the District Sessions Judge. It also hears
cases involving the interpretation of the Constitution.

(3) A Court of Record

According to Article 215 of the Constitution, a State High Court has to power of the Court of
Record. It punishes persons for contempt of court, either with simple imprisonment of with fine
or with both. It records all its decisions and judgements. Such records are great significance.
They carry evidentiary value. They are taken as judicial precedents and cannot bequestioned as
refer to or produced before any court of law within the state.

(4) Power of Judicial Review

The State High Court possesses the power of judicial review like the Supreme Court. It is the
power of High Court to examine the Constitutionality of legislature enactments and executive
orders of both central and state governments. On examination, if they are found to be violated
of the constitution (Ultra Vires), they can be declared as illegal, unconstitutional and invalid
(null and void) by the High Court. Consequently, they cannot be enforced by the government.
The 42nd Amendment Act, 1976 of the Constitution took away this authority. However, the 43rd
Amendment Act, 1977 again restored the original position to High Court of the State.

(5) Power of Certification

High Court certifies certain cases which can go to the Supreme Court. That appeals which go
to Supreme Court depend upon the issue of a certificate by the High Court.
(6) Advisory Functions
The High Court is consulted by the State Governor in the matters of appointment, posting and
promotion of District Judges and in the appointment of personnel to the judicial services of the
state (other than district judges). It deals with the matters of posting, promotion, grant of leave,
transfers and disputes of the members of the judicial service of the state. It also renders advice
to the subordinate courts in the matters of public interest or legal importance.

(7) Administrative Functions

The High Court exercises certain administrative functions within its territorial jurisdictions.
(a) Under Article 227, every High Court has the power of supervision over all courts and
tribunals functioning in its territorial jurisdiction except military courts or tribunals in the state.
(b) It ensures the proper working of these courts. It exercises the power to make and issue
general rules and regulations for securing the efficient working of the court.
(c) It can transfer any case from court to another court under Article 228 and can even transfer
the case itself and decide the same.
(d) It has the power to investigate or enquire into the records or other connected documents of
any subordinate court to it.
RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES – A.P.

(e) It appoints its administrative staff and determines the salaries and allowances and other
conditions of the personnel working in subordinate courts.
(f) it is empowered to withdraw any case involving the interpretation of the constitution and
dispose of the case itself.
(g) The High Court is the highest court of justice in the state. All other courts and tribunals
(except military court and tribunals) in the state function under the direct supervision and
control of the State High Court.

(8) Other Functions

(i) The High Court acts as the District Court where its headquarters are located.

(ii) The Chief Justice of the High Court acts as the Governor on the direction of the President
tentatively whenever the vacancy arises in that office.
(iii) The High Court can admit Public Interest Litigation (PIL) like Supreme Court of India.

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STATE ADVOCATE GENERAL
Every State in Indian Union shall have an Advocate General, an official corresponding to the
Attorney-General of India. He performs similar functions for the state that of the Attorney-
General of India. He is the highest law officer in the state.
(a) Qualification and Appointment
The Advocate General is appointed by the Governor of the state under the Article 165 of the
Constitution. A person to be appointed as Advocate General must possess the following
qualifications:
(i) He must be a citizen of India.

(ii) He must have served as a judge in some High Courts for a period of at least 5 years.
(iii) He must have served as an advocate in some High Courts for a period of at least ten years.

(b) Tenure
The Constitution of India did not mention the tenure of Advocate General. He holds office
during the pleasure of the Governor.

(b) Pay and Allowances

The Advocate General remuneration is not fixed by the Constitution. He receives such
remuneration as the Governor may decide time to time. The remuneration of the Advocate
General is equal salary of a judge of High Court.

(c) Procedure of Removal

RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES – A.P.

The Constitution does not contain the procedure and grounds for removal of Advocate General.
He may be removed by the Governor. He may also quit his office by submitting his resignation
to the Governor. Conventionally, he resigns when the government resigns or is replaced, as he
is appointed on the advice of the government.

Powers and Functions of the Advocate General

The constitution assigned some specific powers and functions to the Advocate General as the
highest law officer of the state government. They are explained as follows;
(1) The Advocate General advises the state government upon such legal matters which are
referred to him by the Governor.
(2) He performs such other functions of legal character that are assigned to him by the Governor
from time to time.
(3) He discharges the functions conferred on him by the constitution or any other laws.
(4) He appeared before any court of law within the state..
(5) He represents the government in any reference made by the Governor to the High Court.
(6) He has a right to speak and to take part as member in proceeding of the house (s) but no
right to vote.
(7) He can also attend any of the standing committee meetings of the state legislature.
(8) He can carry on his private practice but he cannot plead against the state government.

(9) He sits in the Treasury Benches in the House (s) of the state.

&&&&&