The High Courts and Subordinate Courts

The Constitution of India provides for  a High Court for each State. There are 24 High Courts in India, including those having
jurisdiction over more than one State. Among the Union Territories, only Delhi has a High Court of its own.
Three qualifications for appointment as a Judge of the High Court.
He should be a citizen of India, & should not be over 62 years. & has held a judicial office in the territory of India for at least 10 yrs or he has
been an advocate of a High Court for at least 10 yrs
A Judge of a High Court enjoys security of tenure and can remain in office till he has attained the age of 62 years(maximum)
About the High Court Judges  salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the
course of their service. & A Judge of a High Court may resign his/her office by writing addressed to the President of India.
Judicial Review: Every High court has the power to interpret the Constitution. This power is known as Judicial Review
A Munsif court is authorised to deal with civil cases involving not more than ₹ 20,000
Two types of Subordinate Courts in a State The Court of the District Judge & Court of Civil Judge
District Judge or the Additional District Judge's Court is the highest Civil Court in a district.
Sessions Judge's or Additional Sessions Judge's Court is the highest Criminal Court in a district.
The District Judge is the highest Judicial Official at the district level for civil and criminal cases.
The District Judge and the Additional District Judge are appointed by the Governor in consultation with the Judges of High Court of the
concerned State.
District Judge - When a judge decides Civil cases and Sessions Judge - when he/she decides criminal cases
Court of the District Judge - the highest civil court of the district & The District Judge decides both civil and criminal cases.
First class Magistrate can award imprisonment up to 3 years ; and/or a fine of ₹ 5,000
Second class Magistrate can award imprison” for not >than 2 yrs or impose a fine of ₹ 1,000orboth.
Criminal cases  are related to murder, robbery, theft, assault, etc.
Civil cases  land, property and money transactions, arbitration, guardianship, marriages, divorce and cases involving a Will.
Functions of the High Court: The High Court can advise any government department if they seek advice from them on matters of law.
The High Court have the power of Judicial Review.
Lok Adalat or People's Court Suppose the autorickshaw driver, who daily takes you to school, was issued a number of traffic violation
challans and had to pay a fine of five thousand rupees. He pleaded for reducing the fine but was not shown any mercy. he would go to get
speedy redressal of his grievance at Lok Adalat
The composition of a High Court
Each High Court consists of  a Chief Justice and such other Judges as the President of India may appoint from time to time. Besides,
the President has the power to appoint: additional judges  for a temp period not exceeding 2 yrs.
 an acting Judge, when a permanent Judge is temporarily absent or unable to perform his duties or is appointed to act temporarily
as Chief Justice.
 There are 24 High Courts in India, including those having jurisdiction over more than one State. Among the Union
Territories, only Delhi has a High Court of its own.
Parliament establish a common High Court  for two or more States/Union Territories.
This depends on the area and the population to which a High Court has to serve and the amount of work it has to handle.
Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court appointed?
A Judge of a High Court, before he enters upon his office, shall take an Oath before the Governor of the State, or some person appointed in
that behalf by him. The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the
Supreme Court and the Governor of the concerned State. The Governor of the State administers the Oath of office to the High Court
Judges. Other Judges of a High Court are appointed by the President as The President shall consult the Chief Justice of India, the
Governor of the State and the Chief Justice of the High Court in the matter of appointment of a Judge to the High Court & Once
To remove a Judge of the High Court & what grounds can a Judge of the High Court be removed from office
A judge of a High Court can be removed by the president on the ground of "proved misbehaviour or incapacity" on an address of
each House of Parliament. Such an address should be supported by a majority of the total membership of the House and by two-thirds of
the members present and voting.
The salaries and allowances of the Judges of the High Court  paid a monthly salary,  as decided by the Parliament  for
The Chief Justice of a High Court and other Judges of the High Court
Appellate jurisdiction of High court means that the power to accept appeals against decisions of District courts, in civil as well as criminal
matters.
All High Courts are empowered to issue writs.
Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court. This is
done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper
procedure. Therefore, the High Court can review the case and take appropriate action on it.
Two ways in which the Constitution ensures the independence and impartiality of the High Courts.
The independence of High Courts is ensured by  Full control over its procedure of work and establishment.
The High Court can punish a person for contempt of court  if its authority is lowered.
Original jurisdictionThe power to hear and decide cases at the first instance. Matters relating to State revenue and its collection.
Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or brought before the High Court directly.
Appellate Jurisdiction  Civil cases Appeals can be brought to the High Court:  in matters concerning land revenue, and in cases
where a blatant injustice has been committed by any Tribunal. In such cases, the High Court may quash the order of the Tribunals.
Criminal cases Appeals  Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of
imprisonment exceeds 7 yrs  Against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other
Judicial Magistrates, where the sentence of imprisonment exceeds 4 yrs
The High Courts control the power of the Legislature and the Executive by the power of Judicial Review. If any law, executive order or
any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the
Constitution, the High Court can declare it 'null and void'.
The High Court has the power of considering the Constitutional validity of any State law or executive order or ordinance.

Every High Court act as a custodian of the Constitution the power to interpret the Constitution the power of Judicial Review. If any
law, executive order or any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or
contravenes any provision of the Constitution, the High Court can declare it 'null and void'. The High Court has the power of
considering the Constitutional validity of any State law or executive order or ordinance.
The High Court protect the Fundamental Rights of individuals? What is meant by Revisory Jurisdiction of the High Courts?
The High Court enjoys original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution.
All the High Courts are empowered to issue 'writs' for the enforcement of Fundamental Rights The writs that are issued are Habeas
Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are greatly instrumental in the protection of
Fundamental Rights of the citizens.

The High Court is a 'Court of Record' like the Supreme Court. It means: All the judgements and orders are preserved as a record to be
referred to by its courts in future cases. They can be produced as precedents. The law laid down by the High Court is binding on all
subordinate courts in the State concerned. But it does not bind the other High Courts, although it is of great significance and can be produced
in support of an argument. The High Court can punish anyone who commits a contempt of its orders.

A revisory jurisdiction is applicable in the following cases: (a) injustice or an error of law apparent on the face of the record.
(b) violation of the principles of natural justice. (c) arbitrary authority leading to wrong judgements.
(d) flagrant error in procedure. (b) All the High Courts are empowered to issue 'writs'. A writ is an order from a judicial authority asking a
person to perform some act or refrain from performing an act. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo
Warranto and Certiorari. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

The High Court has the power of Judicial Review. The High Court can declare it 'null and void'  If any law, executive order or any
ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the
Constitution, The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its
directions. The 42nd Amendment Act, 1976, introduced provisions, where the power of the High Court to judge the constitutionality of a
State law was withdrawn during the Emergency.
But with the repeal of certain parts of the 42nd Amendment, the High Courts regained their powers of considering the Constitutional
validity of any State law or executive order or ordinance.

Lok Adalat means 'People's Court'. It is an alternative dispute redressal mechanism where disputes/cases pending in the court of law or at
pre-litigation stage are settled amicably. There is no court fee payable when a matter is filed in a Lok Adalat.
The Legal Services Authorities Act, (1987) provides that State or district authorities shall organise Lok Adalats from time to time.
All decisions of the Lok Adalats shall be deemed to be decrees of a Civil Court and shall be binding on the parties to the dispute.
Main condition of the Lok Adalat is that both parties in a dispute should agree for a settlement.
Voluntary organisations organise such courts in places like factories, farms, commercial complexes and neighbourhood of the litigants to
settle disputes in a spirit of harmony and compromise. Cases are settled informally and cordially with the involvement of conflicting
parties.Lok Adalats also resolve cases which have not yet gone to any court.
(b) The advantages of resolution of disputes through Lok Adalats  Lok Adalats play important role in the settlement of family feuds,
disputes between the neighbours and minor cases of assault and injury by settling the disputes through compromise.  Since the
Lok Adalats work in the spirit of compromise and understanding, both the parties feel satisfied  Lok Adalats deliver fast and
inexpensive justice. Any person can move Lok Adalat by an application on a plain paper or using the format available  with Legal
Service Authorities and expect speedy justice. The Lok Adalats reduce the workload of other courts enabling them to deal  with more
serious matters, reduces delays in higher courts. & promote social justice by providing legal aid to weaker sections of society.
The scope of a Lok Adalat - important role - as Weaker sections of society cannot afford the delay or the costs involved in court procedures.
The system of Lok Adalats has now become so popular  various gov. dept like the Telephone Department, Traffic and the
Electricity Boards have begun to hold Lok Adalats solving hundreds of cases in a single day.
It is the need of the hour that Lok Adalats are organised more frequently and their jurisdiction is expanded.
There are lakhs of cases pending in different courts all over India.
The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats have already been set up for
settlement of all pending disputes concerning Delhi Development Authority, Mahanagar Telephone Nigam, Municipal Corp & National
Insurance Co. Ltd.
Two High Courts of India whose jurisdiction extends to more than two StatesPunjab High court: jurisdiction over Punjab, Haryana and
Chandigarh. Bombay High court : Has the jurisdiction over Maharashtra, Goa, Daman Diu and Dadra and Nagar Haveli.