बुधवार, 14 अक्तूबर 2009

74. High Courts in India

The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Adovcate of a High Court or two or more such Courts in succession for a similar period.

Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories.

Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table (*Ann.A) gives the seat and territorial jurisdiction of the High Courts.

ADVOCATE GENERAL
There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote.

LOK ADALATS
Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method.

The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.


Name Year Territorial establishment jurisdiction Seat
Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)
Andhra Pradesh 1956 Andhra Pradesh Hyderabad
Bombay 1862 Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu Bombay (Benches at Nagpur, Panaji and Aurangabad)
Calcutta 1862 West Bengal Calcutta (Circuit Bench at Port Blair)
Delhi 1966 Delhi Delhi
Guwahati(2) 1948 Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at Agartala & Shillong)
Gujarat 1960 Gujarat Ahmedabad
Himachal Pradesh 1971 Himachal Pradesh Shimla
Jammu & Kashmir 1928 Jammu & Kashmir Srinagar & Jammu
Karnataka(3) 1884 Karnataka Bangalore
Kerala 1958 Kerala & Lakshadweep Ernakulam
Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Benches at Gwalior and Indore)
Madras 1862 Tamil Nadu & Pondicherry Madras
Orissa 1948 Orissa Cuttack
Patna 1916 Bihar Patna (Bench at Ranchi)

Punjab & Haryana(4)

1975

Punjab, Haryana & Chandigarh

Chandigarh

Rajasthan 1949 Rajasthan Jodhpur (Bench at Jaipur)
Sikkim 1975 Sikkim Gangtok

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