Chapter V -The High Courts in the States
Article
214 High Courts for States
There shall be a High Court for
each State.
Article
215 High Courts to be courts of record
Every High Court
shall be a court of record and shall have all the powers of such a
court including the power to punish for contempt of itself.
Article
216 Constitution of High Courts
Every High Court shall
consist of a Chief Justice and such other Judges as the President may
from time to time deem it necessary to appoint.
Article
217 Appointment and conditions of the office of a Judge of a High
Court
(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, in the case of an additional or acting Judge, as provided in
article 224, and in any other case, until he attains the age of
sixty-two years:
Provided that - (a) a Judge may, by writing
under his hand addressed to the President, resign his office;
(b)
a Judge may be removed from his office by the President in the manner
provided in clause (4) of article 124 for the removal of a Judge of
the Supreme Court;
(c) the office of a Judge shall be vacated by
his being appointed by the President to be a Judge of the Supreme
Court or by his being transferred by the President to any other High
Court within the territory of India.
(2) a person shall not be
qualified for appointment as a Judge of a High Court unless he is a
citizen of India and - (a) has for at least ten years held a judicial
office in the territory of India; or
(b) has for at least ten
years been an advocate of a High Court or of two or more such Courts
in succession;
Explanation: For the purposes of this clause
-
(a) in computing the period during which a person has held
judicial office in the territory of India, there shall be included
any period, after he has held any judicial office, during which the
person has been an advocate of a High Court or has held the office of
a member of a tribunal or any post, under the Union or a State,
requiring special knowledge of law;
(aa) in computing the period
during which a person has been an advocate of a High Court, there
shall be included any period during which the person has held
judicial office or the office of a member of a tribunal or any post,
under the Union or a State, requiring special knowledge of law after
he became an advocate;
(b) in computing the period during which
a person has held judicial office in the territory of India or been
an advocate of a High Court, there shall be included any period
before the commencement of this Constitution during which he has held
judicial office in any area which was comprised before the fifteenth
day of August, 1947, within India as defined by the Government of
India Act, 1935, or has been an advocate of any High Court in any
such area, as the case may be.
(3) If any question arises as to
the age of a Judge of a High Court, the question shall be decided by
the President after consultation with the Chief Justice of India and
the decision of the President shall be final.
Article
218 Application of certain provisions relating to Supreme Court to
High Courts
The provisions of clauses (4) and (5) of article
124 shall apply in relation to a High Court as they apply in relation
to the Supreme Court with the substitution of references to the High
Court for references to the Supreme Court.
Article
219 Oath or affirmation by Judges of High Courts
Every
person appointed to be a Judge of a High Court shall, before he
enters upon his office, make and subscribe before the Governor of the
State, or some person appointed in that behalf by him an oath or
affirmation according to the form set out for the purpose in the
Third Schedule.
Article
220 Restriction on practice after being a permanent Judge
No
person who, after the commencement of this Constitution, has held
office as a permanent Judge of a High Court shall plead or act in any
court or before any authority in India except the Supreme Court and
the other High Courts.
Explanation: In this article, the
expression "High Court" does not include a High Court for a
State specified in Part B of the First Schedule as it existed before
the commencement of the Constitution (Seventh Amendment) Act, 1956.
Article
221 Salaries, etc., of Judges
(1) There shall be paid
to the Judges of each High Court such salaries as may be determined
by Parliament by law and, until provision in that behalf is so made,
such salaries as are specified in the Second Schedule.
(2) Every
Judge shall be entitled to such allowances and to such rights in
respect of leave of absence and pension as may from time to time be
determined by or under law made by Parliament and, until so
determined, to such allowances and rights as are specified in the
Second Schedule:
Provided that neither the allowances of a Judge
nor his rights in respect of leave of absence or pension shall be
varied to his disadvantage after his appointment.
Article
222 Transfer of a Judge from one High Court to another
(1)
The President May, after consultation with the Chief Justice of
India, transfer a Judge from one High Court to any other High
Court.
(2) When a Judge has been or is so transferred, he shall,
during the period he serves, after the commencement of the
Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other
High Court, be entitled to receive in addition to his salary such
compensatory allowance as may be determined by Parliament by law and,
until so determined, such compensatory allowance as the President may
by order fix.
Article
223 Appointment of acting Chief Justice
When the office of
Chief Justice of a High Court is vacant or when any such Chief
Justice is by reason of absence or otherwise, unable to perform the
duties of his office, the duties of the office shall be performed by
such one of the other Judges of the Court as the President may
appoint for the purpose.
Article
224 Appointment of additional and acting Judges
(1) If
by reason of any temporary increase in the business of a High Court
or by reason of arrears of work therein; it appears to the President
that the number of the Judges of that Court should be for the time
being increased, the President may appoint duly qualified persons to
be additional Judges of the Court for such period not exceeding two
years as he may specify.
(2) When any Judge of a High Court
other than the Chief Justice is by reason of absence or for any other
reason unable to perform the duties of his office or is appointed to
act temporarily as Chief Justice, the President may appoint a duly
qualified person to act as a Judge of that Court until the permanent
Judge has resumed his duties.
(3) No person appointed as an
additional or acting Judge of a High Court shall hold office after
attaining the age of sixty-two years.
Article
224A Appointment of retired Judges at sittings of High
Courts
Notwithstanding anything in this Chapter, the Chief
Justice of a High Court for any State may at any time, with the
previous consent of the President, request any person who has held
the office of a Judge of that Court or of any other High Court to sit
and act as a Judge of the High Court for that State, and every such
person so requested shall, while so sitting and acting, be entitled
to such allowances as the President may by order determine and have
all the jurisdiction, powers and privileges of, but shall not
otherwise be deemed to be, a Judge of that High Court:
Provided
that nothing in this article shall be deemed to require any such
person as aforesaid to sit and act as a Judge of that High Court
unless he consents so to do.
Article
225 Jurisdiction of existing High Courts
Subject to the
provisions of this Constitution and to the provisions of any law of
the appropriate Legislature made by virtue of powers conferred on
that Legislature by this Constitution, the jurisdiction of, and the
law administered in, any existing High Court, and the respective
powers of the Judges thereof in relation to the administration of
justice in the Court, including any power to make rules of Court and
to regulate the sittings of the Court and of members thereof sitting
alone or in Division Courts, shall be the same as immediately before
the commencement of this Constitution:
Provided that any
restriction to which the exercise of original jurisdiction by any of
the High Courts with respect to any matter concerning the revenue or
concerning any act ordered or done in the collection thereof was
subject immediately before
the commencement of this Constitution
shall no longer apply to the exercise of such jurisdiction.
Article
226 Power of High Courts to issue certain writs
(1)
Notwithstanding anything in article 32, every High Court shall have
power, throughout the territories in relation to which it exercises
jurisdiction, to issue to any person or authority, including in
appropriate cases, any Government, within those territories
directions, orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto and warranto and
certiorari, or any of them, for the enforcement of any of the rights
conferred by Part III and for any other purpose.
(2) The power
conferred by clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within
which the cause of action, wholly or in part, arises for the exercise
of such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those
territories.
(3) Where any party against whom an interim order,
whether by way of injunction or stay or in any other manner, is made
on, or in any proceedings relating to, a petition under clause (1),
without - (a) furnishing to such party copies of such petition and
all documents in support of the plea for such interim order; and
(b)
giving such party an opportunity of being heard,
makes an
application to the High Court for the vacation of such order and
furnishes a copy of such application to the party in whose favour
such order has been made or the counsel of such party, the High Court
shall dispose of the application within a period of two weeks from
the date on which it is received or from the date on which the copy
of such application is so furnished, whichever is later, or where the
High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open;
and if the application is not so disposed of, the interim order
shall, on the expiry of that period, or, as the case may be, the
expiry of the said next day, stand vacated.
(4) The power
conferred on a High Court by this article shall not be in derogation
of the power conferred on the Supreme Court by clause (2) of article
32.
Article
226A Constitutional validity of Central laws not to be considered in
proceedings under article 226
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Article
227 Power of superintendence over all courts by the High Court
(1)
Every High Court shall have superintendence over all courts and
tribunal, throughout the territories in relation to which it
exercises jurisdiction.
(2) Without prejudice to the generality
of the foregoing provision, the High Court may - (a) call for returns
from such courts; (b) make and issue general rules and prescribe
forms for regulating the practice and proceedings of such courts;
and
(c) prescribe forms in which books, entries and accounts
shall be kept by the officers of any such courts.
(3) The High
Court may also settle tables of fees to be allowed to the sheriff and
all clerks and officers of such courts and to attorneys, advocates
and pleaders practising therein:
Provided that any rules made,
forms prescribed or tables settled under clause (2) or clause (3)
shall not be inconsistent with the provision of any law for the time
being in force, and shall require the previous approval of the
Governor.
(4) Nothing in this article shall be deemed to confer
on a High Court powers of superintendence over any court or tribunal
constituted by or under any law relating to the Armed Forces.
Article
228 Transfer of certain cases to High Court
If the High
Court is satisfied that a case pending in a court subordinate to it
involves a substantial question of law as to the interpretation of
this Constitution the determination of which is necessary for the
disposal of the case, it shall withdraw the case and may -
(a)
either dispose of the case itself, or
(b) determine the said
question of law and return the case to the court from which the case
has been so withdrawn together with a copy of its judgment on such
question, and the said court shall on receipt thereof proceed to
dispose of the case in conformity with such judgment.
Article
228A Special provisions as to disposal of questions relating to
constitutional validity of State laws
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Article
229 Officers and servants and the expenses of High Courts
(1)
Appointments of officers and servants of a High Court shall be made
by the Chief Justice of the Court or such other Judge or officer of
the Court as he may direct: Provided that the Governor of the State
may by rule require that in such cases as may be specified in the
rule no person not already attached to the Court shall be appointed
to any office connected with the Court save after consultation with
the State Public Service Commission.
(2) Subject to the
provisions of any law made by the Legislature of the State, the
conditions of service of officers and servants of a High Court shall
be such as may be prescribed by rules made by the Chief Justice of
the Court or by some other Judge or officer of the Court authorised
by the Chief Justice to make rules for the purpose:
Provided
that the rules made under this clause shall, so far as they relate to
salaries, allowances, leave or pensions, require the approval of the
Governor of the State (41)
(3) The administrative expenses of a
High Court, including all salaries, allowances and pensions payable
to or in respect of the officers and servants of the Court, shall be
charged upon the Consolidated Fund of the State, and any fees or
other moneys taken by the Court shall form part of that Fund.
Article
230 Extension of jurisdiction of High Courts to Union
territories
(1) Parliament may by law extend the
jurisdiction of a High Court to, or exclude the jurisdiction of a
High Court from, any Union territory.
(2) Where the High Court
of a State exercises jurisdiction in relation to a Union territory,
-
(a) nothing in this Constitution shall be construed as
empowering the Legislature of the State to increase, restrict or
abolish that jurisdiction; and
(b) the reference in article 227
to the Governor shall, in relation to any rules, forms or tables for
subordinate courts in that territory, be construed as a reference to
the president.
Article
231 Establishment of a common High Court for two or more States
(1)
Notwithstanding anything contained in the preceding provisions of
this Chapter, Parliament may by law establish a common High Court for
two or more States or for two or more States and a Union
territory.
(2) In relation to any such High Court, -
(a)
the reference in article 217 to the Governor of the State shall be
construed as a reference to the Governors of all the States in
relation to which the High Court exercises jurisdiction;
(b) the
reference in article 227 to the Governor shall, in relation to any
rules, forms or tables for subordinate courts, be construed as a
reference to the Governor of the State in which the subordinate
courts are situate; and
(c) the references in articles 219 and
229 to the State shall be construed as a reference to the State in
which the High Court
has its principal seat:
Provided that
if such principal seat is in a Union territory, the references in
articles 219 and 229 to the Governor, Public Service Commission,
Legislature and Consolidated Fund of the State shall be construed
respectively as references to the President, Union Public Service
Commission, Parliament and Consolidated Fund of India.
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