Powers and function of High Court in India

    Indian Judicial System

•High Court

India's judicial system is made up of the Supreme Court of India which is at the apex of the Hierarchy for the entire country and twenty-one High Courts at the top of the Hierarchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts, are a Hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of the Indian Constitution.

The High Courts are the principal civil courts of original jurisdiction in the state, and can try all offences including those punishable with death. However, the bulk of the work of most of the High Courts consists of Appeals from the lower courts and writ petitions in terms of Article 226 of the Constitution of India. The Parliament can increase or decrease the number of judges as and when required in consultation with the President.

There are 24 High Courts in India. The Guwahati High Court has jurisdiction over four states i.e., Assam, Arunachal Pradesh, Mizoram and Nagaland. The High Court at Chandigarh has a joint jurisdiction over Punjab and Haryana. Similarly, the Mumbai High Court has jurisdiction over States of Maharashtra and Goa. Among the Union Territories only Delhi has a High Court.

Organisation and Composition
We have a single unified judicial system in India. As a result, there is uniformity in organization, composition and functions of the High Courts, common to all of these. The number of Judges in a High Court is not fixed. It varies from one High Court to the other. A High Court has a Chief Justice and such other Judges, as the President of India may appoint from time to time.

Appointment of Judges
The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the State Governor. While appointing other Judges of the High Court, the Chief Justice of the High Court is also consulted along with the Chief Justice of the Supreme Court and the Governor of the State. The Supreme Court ruled that Chief Justice of India's recommendation was not binding on the government in case it was made without consulting two seniormost judges of the Supreme Court.

Additional and Acting Judges
When the workload in a High Court increases, the President may appoint additional Judges for two years. Such persons should not have attained the age of 62. The President may also appoint a duly qualified person as an Acting Judge to work in place of a Judge who is unable to perform his duty due to ill health or leave. The Acting judge holds office until the permanent judge has resumed his duties. Similarly, the President can appoint a Senior Judge of the High Court as Acting Chief Justice, if the Chief Justice is unable to perform his duties.

Qualifications of a Judge
A High Court Judge must possess the following qualifications :
(1) Be a citizen of India.
(2) Be a judicial officer for ten years in India.
Or
(3) Be an advocate of the High Court for ten years.
(4) Be a distinguished Jurist.
(5) Should not be over 62 years.

•Judicial Appointment Commission Bill

The bill provides for a Judicial Appointments Commission (JAC) for appointing judges to the Supreme Court and 24 High Courts and also to recommend transfers.

Currently, judges for the higher judiciary are appointed by a Supreme Court collegium of five judges headed by the Chief Justice, a system implemented two decades ago.

• The proposed commission will be headed by the Chief Justice and have the two most senior judges of the Supreme Court, the Law Minister and two eminent persons as members and Secretary (Justice) in the Law Ministry as Convener.

•Functions of High Court

Jurisdiction and functions of a High Court

Article 225 of the Constitution provides that the jurisdiction of the High Courts shall be the same as immediately before the commencement of the constitution.

A High Court's functions include the following:

1. Original Jurisdiction : By original jurisdiction it is meant the cases a High Court can hear in the first instance. i.e. without having been heard in the subordinate courts. These include cases of :

(a) Wills, divorce, marriage, admirality, company law, contempt of Court.

(b) Constitutional cases which relate to the interpretation of the Constitution or judicial review.

(c) Issue writs for the Enforcement and protection of Fundamental Rights.

(d) Kolkata, Chennai and Mumbai High Courts can hear such civil cases where the value of the disputed property is not less than a specified value.

(e) Matters relating to revenue and its collection.

(f) Cases related to election petitions, challenging the elections of MPs ; MLAs or other local bodies.

(g) Withdraw civil and criminal cases from subordinate courts for conducting trials themselves.

2. Appellate Jurisdiction : A High Court hears appeal in the following cases :

(a) Against the judgement of a Sessions Judge or Additional Sessions Judge, where the sentence of imprisonment to a convict exceeds seven years.

(b) Against the judgement of Assistant Sessions Judge, Chief Metropolitan Magistrate or a Judicial Magistrate where the sentence of imprisonment exceeds four years.

c) A sentence of death must be confirmed by the High Court. So an accused person who is convicted of a death sentence, has a right to appeal to the High Court.

(d) Appeal also lies to the high court when an order of acquittal is passed by the Sessions Judge.

(e) Appeals also lie in matters-concerning.

3. Power to Issue Writs : All the High Courts can issue Writs e.g., the Writs of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari to protect the Fundamental Rights.

(For explanation refer chapter 4 Supreme Court : composition, jurisdiction functions.)

4. Power to Interpret the Constitution : The High Courts exercise the power of Judicial Review to judge the validity of a State law or the Central law. If a law is found to be contrary to the Constitution, it can declare that law invalid. Such a law becomes inoperative.

5. Power to Transfer Cases : The High Court has the power to transfer a case from a Sessions Court for consideration before itself, if the case involves an interpretation of the Constitution. It can dispose of the case itself after determining the Constitutional Question, or it can send the case back to a court of trial for disposal.

6. Revisional Jurisdiction : The High Court may send for the record of any case, decided by a Subordinate Court. This is done if the High Court feels that the Subordinate Court had no jurisdiction to try that case, or it had committed gross irregularity. In such a case, the High Court can issue such an order as it may deem fit.

The revisional jurisdiction can be exercised only in exceptional cases where the interest of public justice requires interference. It is applicable in the following cases :

a) Where the trial court had wrongly shut out evidence / flagrant error in procedure.

(b) Where material evidence has been overlooked by the trial Court or the Court of appeal.

(c) Violation of principles of natural justice.

(d) Injustice or error of law apparent on the face of the record.

(e) Arbitrary authority leading to wrong judgement.

7. Administrative Powers : A High Court possesses the following powers over subordinate courts for superintendence and control over them except Court Martials or Tribunals relating to the Army:

a) Send for a detailed report on their working.

(b) Frame rules to regulate the proceedings of the courts.

(c) Transfer a District Judge.

(d) Recall a District Judge on deputation.

(e) Promote and confirm persons in the judicial service below the rank of District Judge.

(f) Prescribe forms in which books, entries and accounts shall be maintained by the courts.

(g) Settle fees to be allowed to officers, clerks and advocates of the Subordinate Courts.

(h) The appointment, posting and promotion of District Judges shall be made by the Governor in consultation with the High Court.

8. Appointment of officers and servants of a High Court : Officers and servants of a High Court are appointed by the Chief Justice. He settles conditions of their service, including leave and promotion, with the approval of the Governor. The service conditions must be in accordance with the State laws.

9. Court of Record : The High Court is a Court of Record. This implies that :

(a) Its judgements are kept as a record, and are used as a precedent. It is binding on all subordinate courts in the State. But in other High Courts, the judgement of a High Court can be used only in support of an argument in a case before it.

(b) If a person commits contempt of a High Court, it has the authority to punish him. The Supreme Court or the Parliament cannot deprive the High Court of this power.

1. Appointment of the Judges : The judges of the Supreme Court and the High Courts are appointed by the President on the basis of their fulfilling the qualifications laid down in the Constitution for the purpose.

2. Security of Tenure : A Judge of the High Court holds his office till he has attained the age of 62 years. He can be removed by the President on the ground of "proven misbehaviour or incapacity" on an Address of each House of Parliament. Such an Address (request) should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting.

3. Salaries, etc. are charged on the Consolidated Fund of the State : Judges' salaries, allowances, etc. shall not be varied to their disadvantage during their term of office. Moreover, they are charged on the Consolidated Fund of the State and are not subject to Vote of the legislature. The salaries of the Judges cannot be reduced except during period of financial emergency.

4. Punishment for Contempt of Court : Article-121 of our Constitution prohibits the criticism of the decisions and proceedings of the Supreme Court and the High Courts by the Parliament or by the State Legislature. Anybody guilty of criticism of court can be tried for contempt of court.

5. Prohibition of Practice after Retirement : A retired judge can practise only in the Supreme Court or in those High Courts where he has not worked as a judge so as to safeguard the dignity of the judges. He shall not practise in other Courts or Tribunals. This ensures that the judges, while making decisions cannot exploit their past connections. Moreover, the court may not act independently and impartially.

6. Transfer of Judges in Other States  According to Article 222, the President in consultation with the Chief Justice of a Supreme Court, can transfer a judge from one High Court to another. The Chief Justice of India must consult four seniormost judges of the Supreme Court in this matter. The views of the Chief Justice of both the High Courts - from which the transfer is taking place and to which the transfer is to be effected must also be obtained. Moreover, a judge who is transferred is entitled to compensatory allowance in addition to his salary. The transfer of judges can be made only in the 'Public Interest' and not in order to punish them. For this purpose it is necessary to have effective consultation with the Chief Justice of the country

•Subordinates courts relationship with High Courts

The Subordinate Courts are the courts below the rank of the High Court in a State. The organization of Subordinate Courts varies slightly from State to State. A State is divided into districts for judicial administration. There are Civil, Criminal Courts and Revenue Courts in every District ; these are under the High Court's control in their working and administration of justice. That is why, these are called the Subordinate Courts. The High Court Judges are deputed to inspect the working of the Subordinate Courts. These courts are supposed to send their periodic reports to the High Court about the disposal of the cases by them in a certain timeframe. Appeals against their judgements are also heard by the High Courts.

•Types of Court

(i) The Civil Courts :

The Civil Courts hear cases of land, property, money transactions, marriage, divorce, will and guardianship.

The Court of District Judge : This is the highest civil court of the district. In some districts, there are  Additional District Judges to assist the District Judge. When the district judge deals with civil cases he is known as District judge and when he deals with criminal cases, he is known as Sessions judge. Sometimes, he is given the charge of District Collector or Deputy Commissioner. In such a posting, he exercises some administrative powers like maintaining law and order and collection of revenue.

Other Civil Courts working under the District Judge are the courts of subordinate Civil Judge (1st class), the Court of Sub-Judge (also known as Munsif's Court deals with cases involving not more than ₹ 2000/-), and Courts of Small Causes.

The District/Additional District Judge or Subordinate Civil Judge can hear cases of any value. The Courts of Small Causes hear cases of smaller value. For example, in Delhi the Small Cause Court hears cases of the value of ₹ l000/- while in Mumbai, it hears cases of the value of ₹ 10,000; This value is fixed by the High Court in each State.

Appeals : Appeals against the judgement of a lower court lie to a higher court and finally to the High Court or the Supreme Court as the case may be. Appeals from the Small Cause Court lie to the court of Sub-Judge or Munsif. From there, it can be taken to the Court of Civil Judge 1st class, (Which hear cases involving ₹2000 to ₹5000), District Judge and then to the High Court.

Administrative Control : The District Judge exercises an administrative control over all civil courts in the District. In a similar way, the High Court exercises administrative control over the District Courts in a State.

Qualifications :

• The person should be an advocate or a pleader for seven years' standing or an officer in Judicial Service of the Union or of the State.

• He must be a citizen of India.

• His name should be recommended by the High Court for the post.

The High Court frames the rules regarding conditions of service, transfers, leave, etc. of the Judges throughout the State.

ii) The Criminal Courts :

(a) The Sessions Court : The highest criminal court of the District is the court of the Sessions Judge. Usually, it is presided over by the District Judge. So it is called the District and the Sessions Judge's Court.

In the Sessions Court, serious cases of murder, robbery and dacoities are tried. The Sessions Judge or Additional sessions judge can award death sentence or life imprisonment. A death sentence must be confirmed by the High Court, even if the convict does not appeal to the High Court.

(b) The District (Executive) Magistrate/Chief Judicial Magistrate : The new code of Criminal Procedure, 1973 AD., provides for the separation of judiciary from the executive.

There are Executive Magistrates who are under the control of the State Government. The highest Executive Magistrate in a district is the District Magistrate (who is also the Deputy Commissioner). Under him there are a number of Executive Magistrates. They deal with the maintenance of law and order and the prevention of crime in the District.

On the judicial side, there is the Chief Judicial Magistrate at the District level. Under him, there are the Judicial Magistrates 1st and 2nd class. In the metropolitan towns (with a population of 10 lakhs or more), there is the Chief Metropolitan Magistrate and other Metropolitan Magistrates.

(c) The Chief Judicial Magistrate : The Chief Metropolitan Magistrate cannot award death sentence or life imprisonment. Their power extends to awarding punishment up to seven years. A first class Judicial Magistrate can award 3 years imprisonment and ₹5,000 fine to a convict. A second class Magistrate can award up to two years of imprisonment and ₹1000/- as fine. The Sessions Judge hears appeals against the judgement of the Chief Judicial Magistrate or the Chief Metropolitan Magistrate. All persons convicted by the Sessions Court can appeal to the High Court.

(iii) The Revenue Courts :

The Revenue Courts deal with the cases of land records as well as the assessment and collection of land revenue from the farmers. The lowest Revenue Court is the Court of the Tehsildar. The Deputy Collector hears appeals against the decisions of the Tehsildar. The highest Revenue Court in the district is the Court of the Collector. He hears appeals against the judgement of the Deputy Collector in revenue cases.

LOK ADALAT

(a) Lok Adalat means 'People's Court': These are set up to provide legal and quick justice to those who are not in a position to engage lawyers to bear the expenses of the legal proceedings. The Lok Adalats eliminate high cost and delay in imparting justice. A few judges of the Supreme Court, young students of law, social workers, public spirited men and women have contributed in a big way to the institution of Lok Adalats. They persuade the parties to a dispute to withdraw their cases from judicial court and transfer to Lok Adalats.

b) Advantages of a Lok Adalat are as under :

(i) there is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat.

(ii) One can move Lok Adalat by an application on a plain paper or format available with Legal Services Authorities. Lok Adalats can pass Awards regarding disputes which are at "pre Litigative stage" i.e., before taking the matter to the court of law. There is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their advocate can interact with the lok Adalat judge directly and explain their stand in the dispute and the reasons therefore, which is not possible in a regular court of law.

(iii) The Lok Adalats work in the spirit of compromise. This way both the parties feel that they have been treated fairly.

(iv) The decisions passed by a Lok Adalat are final and binding on the parties. No appeal lies before any court against its decision.

(v) A Lok Adalat reduces the workload of other courts.

(vi) A Lok Adalat delivers speedy and inexpensive justice.

(vii) These are helpful for the weaker section as they cannot afford the delay or the costs involved in court procedures.

(viii) They tend to promote social justice.

Scope of Lok Adalats

The system of Lok Adalats have now become so popular that various government departments like the Telephone Department and the Electricity Boards have begun to hold Lok Adalats solving hundreds of cases in a single day.

These courts can play an important role in the settlement of family feuds, disputes between the neighbours and minor cases of assault and injury.

In Delhi permanent Lok Adalats have been set up for settlement of all pending disputes concerning Delhi Development Authority, Mahanagar Telephone Nigam, Municipal Corporation and National Insurance Co. Ltd.

•Independence of the Courts

In the present times, an independent judiciary is of special significance because it :

(i) can protect the rights and liberties of the people.

(ii) can uphold the supremacy of the constitution.

(iii) can give proper and impartial interpretation of the constitution.

(iv) can establish the faith of the people in the administration.

(v) can create a proper balance between the centre and the states in federal states.

(vi) can check the government from becoming irresponsible.