இந்தக் கட்டுரையில், TNPSC குரூப் 1, குரூப் 2, குரூப் 2A, குரூப் 4 மாநிலப் போட்டித் தேர்வுகளான TNUSRB, TRB, TET, TNEB போன்றவற்றுக்கான முறைகள் இலவசக் குறிப்புகளைப் பெறுவீர்கள்.தேர்வுக்கு தயாராவோர் இங்குள்ள பாடக்குறிப்புகளை படித்து பயன்பெற வாழ்த்துகிறோம்.
History of High Court
The institution of High Court originated in India in 1862 when the High Courts were set
up at Calcutta, Bombay and Madras.
In the 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 High Courts are the highest courts at the State level, but being part of the
integrated Indian judiciary, they work under the superintendence, direction and control
of the Supreme Court.
High Court of Madras
The Constitution of India provides for a High Court for each state.
But the Seventh Amendment Act of 1956 authorised the Parliament to establish a
common High Court for two or more states and a Union Territory.
For example, the States of Punjab and Haryana and the Union Territory of Chandigarh
have a common High Court situated at Chandigarh.
Similarly, the High Court of Guwahati is common for seven North-eastern states of
Assam, Nagaland, Manipur, Meghalaya, Mizoram, Tripura and Arunachal Pradesh.
Delhi, though not a State, has its own separate High Court.
Every High Court has a Chief Justice and a number of judges.
The number of judges varies from State to State.
The number of judges of each High Court is determined by the President.
At present, there are 25 High Courts for 29 States (including the new Andhra Pradesh
High Court established on 1 January 2019 at principal seat in Amravati) and seven Union
Territories.
The High Court of Madras is one of the three High Courts in India established in the
three Presidency Towns of Bombay, Calcutta and Madras by letters patent granted by
Queen Victoria, bearing date 26 June 1862.
The High Court building is the second largest judicial complex in the world after London.
Appointment of the Judges
Every High Court consists of a Chief Justice and such other Judges as appointed by the
President from time to time (Article 216).
The Chief Justice of the High court is appointed by the President in consultation with the
Chief Justice of India and the Governor of the State.
In appointing other judges, the Chief Justice of that High court is also consulted.
The Judges of the High court hold office until the age of 62 years and are removable in
the same manner as a Judge of the Supreme court.
To be considered for appointment as a Judge, one must be a citizen of India and have
held a Judicial office in India for 10 years or must have practiced as an advocate of the
High Court.
Oath and Affirmation
The appointed Judge of the high court shall take oath before the governor, before the
commencement of his office work.
This is given in the third schedule.
Removal of judges
Only after the address by the Parliament, the President can issue the removal order of
Judge of the high court.
It must be passed in special majority of the parliament (i.e, a majority of 2/3 rd members
of the house present and voting).
A Judge of the High Court can be removed from office only for proven misbehaviour or
incapacity and only in the same manner in which a Judge of the Supreme Court is
removed.
Salary and allowances
The salary and allowances of Judges of the High Court are determined by the Parliament from
time to time.
Powers of the Governor at High Court
He appoints the Attorney-General of the State.
He appoints Judges to the Subordinate Courts in the State.
He makes appointment, postings and promotions of the District Judges in consultation
with the State High Court.
The Chief Justice of the High Court in the State is appointed by the President in
consultation with him.
He can pardon, commute or reprieve punishment on receipt of appeals for mercy.
Powers of the High Court
At present, High Court enjoys the following jurisdiction and powers:
Original Jurisdiction
In their judicial capacity, the High Courts of the Presidency towns (Bombay, Calcutta and
Madras) have both original and appellate jurisdictions, while other High Courts have
mostly appellate jurisdiction.
Only in matters of admiralty, probate, matrimonial and contempt of court, they have
original jurisdiction.
The Presidency High Courts have original jurisdiction in which the amount involved is
more than 2000 and in criminal cases which are committed to them by the Presidency
Magistrates.
Appellate Jurisdiction
As courts of appeal, all High Courts entertain appeals in civil and criminal cases from
their subordinate Courts as well as on their own.
They have, however, no jurisdiction over tribunals established under the laws relating to
the Armed Forces of the Country.
Writ Jurisdiction
Under Article 226 of the constitution, the High Courts are given powers of issuing writs
not only for the enforcement of the Fundamental Rights, but also for other purposes.
In exercise of this power, a Court may issue the same type of writs, orders or directions
which the Supreme Court is empowered to issue under Article 32.
The jurisdiction to issue writs under this Article is larger in the case of High Courts, for
which the Supreme Court can issue them only where a Fundamental Right has been
infringed, a High Court can issue them not only in such cases, but also where an ordinary
legal right has been infringed.
Habeas Corpus
The writ of habeas corpus is issued to a detaining authority, ordering the detainer to
produce the detained person in the issuing court, along with the cause of his or her
detention.
If the detention is found to be illegal, the court issues an order to set the person free.
Mandamus
The writ of mandamus is issued to a subordinate court.
An officer of Government, or a corporation or other institution commanding the
performance of certain Acts or duties.
Prohibition
The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up
a case because it falls outside the jurisdiction of the lower court.
Quo Warranto
The writ of quo Warranto is issued against a person who claims or usurps a public office.
Through this writ the court inquires ‘by what authority’ the person supports his or her
claim.
Certiorari
The writ of certiorari is issued to a lower court directing that the record of a case be sent
up for review, together with all supporting files, evidence and documents, usually with
the intention of overruling the judgment of the lower court.
It is one of the mechanisms by which the fundamental rights of the citizens are upheld.
Supervisory Jurisdiction
High court has the power of superintendence over all courts and tribunals functioning in
its territorial jurisdiction (except military courts or tribunals) Thus, it may
Call for returns from them.
Make an issue, general rules and prescribe forms for regulating the practice and
proceedings of them.
Prescribe forms in which books, entries and accounts are to be kept by them.
Settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.
Control over Subordinate Courts
A high court has an administrative control and other powers over them
It is consulted by the Governor in the matters of appointment, posting and
promotion of district Judges and in the appointments of persons to the judicial
service of the State (other than district judges).
It deals with the matters of posting, promotion, grant of leave, transfers and
discipline of the members of the judicial service of the state (other than district
judges).
It can withdraw a case pending in a subordinate court if it involves a substantial
question of law that requires the interpretation of the Constitution. It can then
either dispose of the case itself or determines the question of law and return the
case to the subordinate Court with its judgment.
Its law is binding all subordinate courts functioning within its territorial jurisdiction in
the same sense as the law declared by the Supreme Court is binding on all courts in
India.
Court of Record
All the decisions and decrees issued by the High Court are printed and are kept as a
record for future references by the Court as well as by the lawyers, is such a need arises.
Thus, it also acts as a Court of Record.
Power of Judicial Review
Judicial review is the power of a high court to examine the constitutionality of legislative
enactments and executive orders of both the Central and state governments.
However, the term judicial review is not used in the Constitution.
Articles 226 and 227 explicitly confer the power of judicial review on a High Court.
The 42 nd Amendment Act of 1976 curtailed the judicial review power of High Court. It
debarred the High Courts from considering the constitutional validity of any central law.
However, the 43 rd Amendment Act of 1977 restored the original position.
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