Q: Elaborate the power of High court in Indian Constitution ?

Ans: The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian Constitution talk about the High Courts, their organisation and powers.

 Table of Contents


About High Courts


Article 214- High Courts for States


Article 215- High Courts to be courts of record


Article 216- Constitution of High Courts


Article 217- Appointment and conditions of the office of a Judge of a High Court


Tenure of Judges


Removal of Judges


The process of removal is as follows


Qualification of Judges of a High Court


Article 219- Oath or affirmation by Judges of High Courts


Article 220- Restriction on practice after being a permanent Judge


Article 221- Salaries, etc., of Judges


Article 222- Transfer of a Judge from one High Court to another


Article 223- Appointment of acting Chief Justice


Article 224- Appointment of Additional and Acting Judges


Article 224A- Appointment of a retired judge at sitting of a high court


Article 225- Jurisdiction and power of the High Court


Article 226- Power of High Courts to issue certain writs


Article 227- Power of superintendence over all courts by high courts


Article 228- Transfer of Certain cases to High Court


Article 229-Officers and servants and the expenses of the high court


Article 230- Extension of the jurisdiction of the High Court to certain union territories


Article 231- Establishment of a common high court for two or more states



Comments

Post a Comment

Popular posts from this blog

Consumer Protection Amendment Bill of 2018 ?

Ans:  The pecuniary jurisdiction of the Commissions– this Bill proposes to change the pecuniary jurisdiction of the commissions to Rs 1 crore for District Forum; between Rs 1 crore and 10 crores for State Commission; and above Rs 10 crores for National Commission. Penalties– the Bill proposes a change in the penalty i.e. imprisonment up to three years or fine not less than Rs 25,000 which can be extended to Rs one lakh or both.
Read more

Q: Explain the writ of Prohibition and Writ of Certiorari ?

Ans: There is a very little difference between writ of Prohibition and  writ of certiorari. We all have heard the statement ' Prevention is better than cure'.Here Prevention is Prohibition and Cure is Certiorari. Certiorari means to be certified. Using this Writ, the High Court and Supreme Court can order the lower Court to submit their records for review. In review, it was seen if the judgements of lower Court are legal or not. Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908 contain provisions relating to appeals. Review is mentioned in section 114 and order 47 of civil procedure code, 1908.  Revision is mentioned in section 115 of civil Procedure Code, 1908. High Courts can still review their own judgment even if the SLP is rejected by the Supreme Court. Supreme Court has also clarified that it will not make any difference whether the review petition was filed before the filing of a special leave petition or was filed after the ...
Read more

Q: What are the rights of an advocate ?

Ans: In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act . Pre-audience in general terms means the right to be heard before others. In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021.  An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc. Advocates have several duties towards both their clients and the Court. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving update...
Read more