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THE HIGH COURTS

PUBLISHED BY: SURENDER KUMAR
OCTOBER 25, 2012

   
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THE HIGH COURTS

A High Court stands at the head of the judiciary in each state. But the Parliament can establish a common High Court for two or more states (like the common High Court for the North-Eastern states). A High Court comprises a Chief Justice and a number of other Judges as may be decided by the President.

 

 

 

ELIGIBILITY CONDITIONS

The High Court enjoys its jurisdiction over the territorial limits of the state and has the power of superintendence and control over all Courts and Tribunals in that area.
To be appointed a High Court Judge, a person must

 

 

1. be an Indian citizen     

 

2. not be above 62 years of age

 

3. have held a judicial office in India 

 

                         OR

 

4. have been an advocate of a High Court or of two more such courts in succession

 

 

While appointing the High Court Judges, the President is required to consult the Chief Justice of India, the State Governor (and also the Chief Justice of the State High Court in case a judge other than the Chief Justice is to be appointed). A High Court Judge holds office till 62 years of age.

 

 

 

 

REMOVAL OF HIGH COURT JUDGES
 However, a High Court Judge may vacate his post

 

1. by resignation, in writing, to the President

 

2. on appointment as a Supreme Court Judge

 

3. by impeachment in Parliament.

 

 

The mode of removal of both the Supreme Court and the High Court Judges is the same i.e. impeachment by Parliament and both hold office during “good behviour”.

 

 

(N.B.None of the impeachment motions initiated by Parliament for removal of a Supreme Court or High Court Judge has reached its logical conclusion. In both the cases pertaining to V Ramaswamy and Soumitra Sen, the judges concerned resigned either because voting could not happen due to lack of quorum or the pressure exerted from other quarters.)

 

 

A High Court Judge gets a monthly salary of Rs. 80000 /- only while the monthly salary of a Chief Justice is Rs. 90000 /- only. Both categories of Judges, in addition, are entitled to the use of an official residence, free of cost.



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