HIGH COURTS

HIGH COURTS

ESTABLISHMENT & CREATION

• Presently – 25
• High Court for each state
• Common HC for two or more States (7th A/A 1956)

HIGH COURT	STATES/UTs
BOMBAY	Goa, Dadra and Nagar Haveli and Daman and Diu, Maharashtra
CALCUTTA	Andaman and Nicobar Islands, West Bengal
GAUHATI	Arunachal Pradesh, Assam, Mizoram, Nagaland
J&K & LADAK	Jammu and Kashmir, Ladakh
KERALA	Kerala, Lakshadweep
TAMIL NADU	Tamil Nadu, Puducherry
PUNJAB & HARYANA	Chandigarh, Haryana, Punjab

APPOINTMENT

Art 217 (1): Every Judge of a High Court shall be appointed
by the President by warrant under his hand and seal after
consultation with the Chief Justice of India, the Governor
of the State, and, in the case of appointment of a Judge
other than the chief Justice, the chief Justice of the High
court, and shall hold office, until he attains the age of
sixty-two years

Jurisdiction

Original Jurisdiction

• Electoral disputes (Parliament & State Legislatures)
• Admiralty (Involving law of seas)
• 
  Appellate Jurisdiction
• Largely all civil and criminal matters come under this.

Subordinate Courts

Appointment

• District Judge: Appointed by Governor on
the advice of HC. (Art 233)
-Advocate or a pleader of seven years’ standing
or more, or
-An officer in judicial service of the Union or
the State
• Lower Judge: SPSC conducts exam and
interview conducted by HC. (Art 234)

NATIONAL LEGAL SERVICES AUTHORITY

• Established -1987 (Legal Services Authorities Act)
• Came in force – 9th November 1995
• Purpose: To establish a nationwide uniform
  network for providing free and competent legal
  services to the weaker sections of the society on
  the basis of equal opportunity.

FREE LEGAL SERVICES

• Court Fees: Involves paying necessary fees for court
  processes.
• Legal Representation: Provides the service of lawyers
  for legal cases.
• Access to Documents: Assists in getting certified copies
  of legal orders and documents.
• Appeal Preparation: Helps in preparing appeal
  documents, including printing and translating them for
  legal proceedings

ELIGIBILITY

• Women and children
• Members of SC/ST
• Transgender whose annual income does not exceed ₹2,00,000
• Industrial workmen
• Victims of mass disaster, violence, flood, drought, earthquake,
  industrial disaster
• Disabled persons
• Persons in custody
• Persons whose annual income less than ₹ 1 lakh
• Victims of trafficking in human beings or begar.

JUDICIAL INDEPENDENCE

• Principle of separation of powers & checks & balances
• More than 50% cases, Executive = litigant
• Rule of law
• To protect democratic rights of people
• To preserve federalism

ENSURING INDEPENDENCE

• Appointment
• Removal
• Conduct cannot be discussed in the Legislatures
• Debarred from practice in future
• Salaries/allowance = Charged expenditure
• Power to make its own rules
• Contempt powers

LOK ADALAT

Legal Services Authorities Act, 1987 was amended
in 2002 to provide for the establishment of the
Permanent Lok Adalats to deal with cases
pertaining to the public utility services.
Idea = amicable settlement through compromise

Permanent Lok Adalat shall consist of a
Chairman (Former/serving district judge or
additional district judge or a judge having held
judicial office higher in rank than that of the
district judge
2 Members having adequate experience in public
utility services.

Available for
-Civil & compoundable criminal offences.
-Pre and post litigative stage.
Award is binding and cannot be challenged.
Jurisdiction – Up to ₹1 crore.

Purpose

• Providing access to justice to the citizens at their
  doorsteps
• To ensure that justice is not denied due to social,
  economic or other disabilities.

ISSUES CONCERNING JUDICIARY I

ADVERSE
IMPLICATIONS
Justice delayed = justice denied.
Increasing tendency to employ extra
legal means.
Erosion of image and credibility of
judiciary.
Wastage of resources