MODULE 4

Parliament consists of the President of India, Lok Sabha and Rajya Sabha. Normally, three Sessions of
Parliament are held in a year: (i) Budget Session (February-May); (ii) Monsoon Session (July-August);
and (iii) Winter Session (November-December).

Parliament

Article 79 : Constitution of Parliament

There shall be a Parliament for the Union which shall consists of the President and two

Houses to be known respectively as the Council of States and the House of the People.

Article 80 : Composition of the Council of States –

(1) The Council of States shall consists of –

(a) twelve members to be nominated by the President in accordance with the provisions of

clause (3); and

(b) not more than two hundred and thirty-eight representatives of the States and of the Union

territories.

(2) The allocation of seats in the Council of States to be filled by representatives of the

States and of the Union territories shall be in accordance with the provisions in that behalf

contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) and clause (1) shall

consists of persons having special knowledge or practical experience in respect of such

matters as the following, namely: –

Literature, science, art and social service.

(4) The representatives of each State in the Council of States shall be elected members of

the Legislative Assembly of the State in accordance with the system of proportional

representation by means of the single transferable vote.

(5) The representatives of the Union territories in the Council of States shall be chosen in

such manner as Parliament may by law prescribe.

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Article 81 : Composition of the House of the People

(1) Subject to the provisions of article 331, the House of the People shall consists of – (a) not

more than five hundred and thirty members chosen by direct election from territorial

constituencies in the States, and

(b) not more than twenty members to represent the Union territories, chosen in such manner

as Parliament may by law provide.

(2) For the purposes of sub-clause (a) of clause (1), –

(a) there shall be allotted to each State a number of seats in the House of the People in such

manner that the ration between that number and the population of the State is, so far as

practicable, the same for all States; and

(b) each State shall be divided into territorial constituencies in such manner that the ratio

between the population of each constituency and the number of seats allotted to it is, so far

as practicable, the same throughout the State:

Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the

purpose of allotment of seats in the House of the People to any State so long as the

population of that State does not exceed six millions.

(3) In this article, the expression “population” means the population as ascertained at the last

preceding census of which the relevant figures have been published:

Provided that the reference in this clause to the last preceding census of which the relevant

figures have been published shall, until the relevant figures for the first census taken after the

year 2000 have been published, be construed as a reference to the 1971 census.

Article 82 : Readjustment after each census

Upon the completion of each census, the allocation of seats in the House of the People to

the States and the division of each state into territorial constituencies shall be readjusted by

such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the House of the People

until the dissolution of the then existing House:

Provided further that such readjustment shall take effect from such date as the President

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may, by order, specify and until such readjustment takes effect, any election to the House

may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year 2000

have been published, it shall not be necessary to readjust the allocation of seats in the

House of the People to the States and the division of each State into territorial constituencies

under this article.

Article 83 : Duration of Houses of Parliament

(1) The Council of States shall not be subject to dissolution, but as nearly as possible onethird of the
members thereof shall retire as soon as may be on the expiration of every second

year in accordance with the provisions made in that behalf by Parliament by law.

(2) The House of the People, unless sooner dissolved, shall continue for five years from the

date appointed for its first meeting and no longer and the expiration of the said period of 5

years shall operate as a dissolution of the House:

Provided that the said period may, while a Proclamation of Emergency is in operation, be

extended by Parliament by law for a period not exceeding one year at a time and not

extending in any case beyond a period of six months after the Proclamation has ceased to

operate.

Article 84 : Qualification for membership of Parliament

A person shall not be qualified to be chosen to fill a seat in Parliament unless he –

(a) is a citizen of India, and makes and subscribes before some person authorised in that

behalf by the Election Commission an oath or affirmation according to the form set out for the

purpose in the Third Schedule;

(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in

the case of a seat in the House of the People, not less than twenty-five years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any

law made by Parliament.

Article 85 : Sessions of Parliament, prorogation and dissolution

(1) The President shall from time to time summon each House of Parliament to meet at such

time and place as he thinks fit, but six months shall not intervene between its lasting sitting in

one session and the date appointed for its first sitting in the next session.

(2) The President may from time to time –

(a) prorogue the Houses or either House;

(b) dissolve the House of the People.

Article 86 : Right of President to address and send messages to Houses

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(1) The President may address either House of Parliament or both Houses assembled

together, and for that purpose require the attendance of members.

(2) The President may send messages to either House of Parliament, whether with respect

to a Bill then pending in Parliament or otherwise, and a House to which any message is so

sent shall with all convenient despatch consider any matter required by the message to be

taken into consideration.

Article 87 : Special address by the President

(1) At the commencement of the first session after each general election to the House of the

People and at the commencement of the first session of each year the President shall

address both Houses of Parliament assembled together and inform Parliament of the causes

of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the

allotment of time for discussion of the matters referred to in such address.

Article 88 : Rights of Ministers and Attorney-General as respects Houses

Every Minister and the Attorney-General of India shall have the right to speak in, and

otherwise to take part in the proceeding of, either House, any joint sitting of the Houses, and

any committee of Parliament of which he may be named a member, but shall not by virtue of

this article be entitled to vote.

Parliamentary Committees

Indian Constitution mentions two kinds of Parliamentary Committees - Standing Committees and Ad

Hoc Committees. Any subject related to these committees is dealt with Article 118 (1) of the Indian

Constitution.

This article will mention in detail about Indian Parliamentary Committees including Financial

Committees, Departmental Committees.

How many types of Parliamentary Committees are there?

There are different types of parliamentary committees which are mentioned below:

Types of Committees

Standing Committees:

1.Financial Committees

 Public Accounts Committee

 Estimates Committee

 Committee on Public Undertakings

2.Departmental Standing Committees

Total-24

Committees to Inquire

 Committee on Petitions

 Committee of Privilege

 Ethics Committee

Committees to Scrutinise and Control

 Committee on Government Assurances

 Committee on Subordinate Legislation

 Committee on Papers Laid on the Table

 Committee on Welfare of SCs and STs

 Committee on Empowerment of Women

 Joint Committee on Offices of Profit

Committees Relating to the Day-to-Day Business of the House

 Business Advisory Committee

 Committee on Private Members’ Bills and Resolutions

 Rules Committee

 Committee on Absence of Members from Sittings of the House

House-Keeping Committees or Service Committees

 General Purposes Committee

 House Committee

 Library Committee

 Joint Committee on Salaries and Allowances of Members

Ad Hoc Committees

Important Parliamentary Terms

(1) "Act"--A Bill passed by both Houses of Parliament and assented to by the

President.

(2) “Ad hoc Committee”- A Committee constituted by the House or by the Chairman

or by the presiding officers of both the Houses jointly to consider and report on
specific matter and becomes functus officio as soon as the task is completed.

(3) "Adjournment of Debate"--Adjournment on a motion adopted by the House, of

the debate on a Motion/Resolution/Bill on which the House is then engaged until a

future day or sine die as specified in the motion.

(4) "Adjournment of the sitting of the House"- Termination of the sitting of the House

which meets again at the time appointed for the next sitting.

(5) "Adjournment sine die"-Termination of a sitting of the House without any definite

date being fixed for the next sitting.

(6) "Appropriation Bill"- A Money Bill passed annually (or at various times of the

year) providing for the withdrawal or appropriation from and out of the Consolidated

Fund of India, of moneys, voted by Lok Sabha and moneys charged on the

Consolidated Fund for the services of a financial year or a part of a financial year.

(7) “Ballot”- A process to determine inter se priority of more than one notice through

a draw of lot.

(8) "Bill"--The draft of a legislative proposal put in the proper form which, when

passed by both Houses of Parliament and assented to by the President becomes an

Act.

(9) "Budget"-Annual financial statement of the estimated receipts and expenditure of

the Government of India in respect of a financial year. The Budget is laid in Rajya

Sabha in two parts viz., the Railway Budget and the General Budget.

(10) "Bulletin"-Bulletin means the Bulletin of Rajya Sabha. It is published in two

parts. Part I contains a brief record of the proceedings of the House at each of its

sittings; and Part II contains information on any matter relating to or connected with

the business of the House or Committees or other matter which in the opinion of the

Chairman may be included therein.

(11) "Calendar of Sittings"- A calendar showing the provisional days on which Rajya

Sabha is to sit and the nature of business to be transacted by it on those days.

(12) “Calling Attention” – A procedure whereby a Member calls the attention of a

Minister to a matter of urgent public importance , the Minister makes a brief

statement thereon and thereafter the Members seek clarifications.

(13) "Casting Vote"-The vote cast by the Chairman, or a Member acting as such in
the House and by the Chairman or a Member acting as such in a Committee, in the

case of an equality of votes on a matter.

(14) "Crossing the floor"--Passing between the member addressing the House and

the Chair which is considered breach of Parliamentary etiquette.

(15) “Demand for Grants”-Earmarking of budgetary allocation for meeting the plan

and non-plan expenditure of a Ministry/Department.

(16) "Division"-The mode of arriving at a decision on a proposed measure or

question before the House by recording votes for or against it.

(17) "Draw of lot" - A method applied to determine the relative precedence of private

members' Bills and Resolutions, notices of questions, half-an-hour discussions or any

other notice given by more than one member simultaneously for being taken up on

the same day.

(18) "Expunction"-Deletion of words, phrases or expressions from the proceedings or

records of Rajya Sabha by an order of the Chairman for being defamatory or

indecent or unparliamentary or undignified.

(19) "Finance Bill"-A Bill ordinarily introduced every year to give effect to the

financial proposals of the Government of India for the following financial year and

includes a Bill to give effect to supplementary financial proposals for any period.

(20) "Financial Business" – The financial business of the House consists of the laying

of the Railway and General Budgets and statements of supplementary Demands for

Grants on the Table after they are presented to the Lok Sabha, general discussion on

the General and Railway Budgets, consideration and return of connected Appropriate

Bills and Finance Bills, laying of Budges, etc. of States which are under the

President’s Rule.

(21) "Gazette"-The Gazette of India.

(22) “Half-an-Hour Discussion”-A Member with the permission of the Chairman may

raise a discussion on a matter of sufficient public importance which has been the

subject of a recent oral or written question and the answer to which needs

elucidation on a matter of fact.

(23) "Leader of the Council"-The Prime Minister, if he is a member of the Council or

a Minister who is a member of the Council and is nominated by the Prime Minister to
function as the Leader of the Council.

(24) "Leader of the Opposition"-A Member of the House, who is, for the time being,

the leader in that House of the Party in opposition to the Government having the

greatest numerical strength and recognised as such by the Chairman.

(25) “Leave of absence”-A member wishing to obtain permission of the House for

remaining absent from its sittings is required to make an application stating the

reasons and the period for which he may be permitted to be absent from the sittings

of the House.

(26) "Legislative Business" – Introduction, consideration and passing of a bill, piloted

by a Minister or a Private Member, in the House.

(27) "List of Business"- A list of items of business scheduled to be taken up in Rajya

Sabha on a particular day of the sittings in the order in which they stand on it.

(28) "Lobby"-The covered corridor immediately adjoining the Chamber and coterminus with it.

(29) "Maiden Speech"-The first speech of a member after his election/nomination to

the Rajya Sabha in the House.

(30) “Matters raised with permission”- Immediately after the Question Hour and

laying of papers, a Member may raise an issue of urgent public importance with the

prior permission of the Chairman.

(31) "Member in charge of the Bill"-The Minister/Private Member who has introduced

the government/Private Members’ Bill.

(32) "Memorandum of business" – It is meant for the use of the Chair to help him

while calling the items listed in the Agenda paper of the day.

(33) "Message"-A communication from the President to a House or Houses of

Parliament under articles 86(2) and 111 of the Constitution and a communication

sent from one House of Parliament to the other House.

(34) "Motion"-A formal proposal made to the House by a Minister or a member that

the House do something, order something to be done or express an opinion with

regard to some matter, and is so phrased that, if adopted, it will purport to express

the judgment or will of the House.

(35) "Motion of Thanks"-A formal motion moved in the House, expressing its

gratitude to the President for the Address delivered by him/her under article 87(1) of
the Constitution to both Houses of Parliament assembled together.

(36) "Naming a Member"-The drawing of attention of the House by the Chairman to

the conduct of a member who disregards the authority of the Chair or abuses the

Rules of the House by persistently and willfully obstructing the business thereof, with

a view to action being taken to suspend him from the service of the House for a

period not exceeding the remainder of the session.

(37) "Ordinance"-A law made by the President in exercise of the powers vested in

him under article 123 of the Constitution.

(38) "Panel of Vice-Chairmen"- A panel of six members of Rajya Sabha nominated

by the Chairman, any one of whom may preside over the House in the absence of

the Chairman and the Deputy Chairman when so requested by the Chairman, or in

his absence, by the Deputy Chairman.

(39) "Papers laid on the Table"-The papers or documents laid on the Table of the

House for purpose of bringing them on the record of the House by a Minister or by a

private member or by the Secretary-General with the permission of the Chairman in

pursuance of the provisions of the Constitution or the Rules of Procedure of Rajya

Sabha or an Act of Parliament and the Rules and Regulations made thereunder.

(40) "Personal explanation" - A Member or a Minister against whom comments or

criticism of a personal nature are made on the floor of the House is entitled to make,

with the consent of the Chairman, personal explanation in his defence.

(41) "Point of Order"- A point relating to the interpretation or enforcement of the

Rules of Procedure or such articles of the Constitution as regulate the business of the

House raised in the House and submitted for the decision of the Chair.

(42) "Precincts of Rajya Sabha"-This includes the Chamber, the Lobbies, the

Galleries and such other places as the Chairman may from time to time specify.

(43) “Private Members’ Resolution”- A resolution, on a matter of general public

interest, a Member, other than a Minister, on a day allotted for Private Members

Resolutions which is in the form of a declaration of opinion by the House or in such

other form as the Chairman may consider appropriate.

(44) "Prorogation"-The termination of a session of Rajya Sabha by an order made

by the President under article 85(2)(a) of the Constitution.

(45) "Putting the Question"-When debate on a question is closed, the Chairman,

rising from the Chair, states or reads the question to the House, beginning with "The

question is, that".

(46) "Question Chart"-A chart circulated to members, along with the Summons for a

Session, which indicates the dates for answering questions and the last date for

receiving notices of questions pertaining to various Ministries/ Departments.

(47) "Question Hour"-The first hour of a sitting of the House allotted for asking and

answering of questions.

(48) "Question of Privilege"-A question involving a breach of privilege either of a

member or of the House or of a Committee thereof or a contempt of the House.

(49) "Quorum"-The minimum number of members required to be present at a sitting

of the House or a Committee for valid transaction of its business, which is one-tenth

of the total number of members of the House, as provided under article 100(3) of

the Constitution.

(50) "Rajya Sabha debate" – A verbatim record of everything said in the House is

reported by the official Reporter for each of the sittings of the Rajya Sabha, except

certain words, phrases and expression, if any, ordered by the Chair to be expunged

or ordered by the Chairman not to be recorded, when Members speak without his

permissions.

(51) "Roll of Members"-A register in which newly elected members sign, after making

and subscribing the oath or affirmation and before taking their seats for the first time

in the House.

(52) "Session"-A session of Rajya Sabha comprises the period commencing from the

date and time mentioned in the order of the President summoning Rajya Sabha and

ending with the day on which the President prorogues Rajya Sabha.

(53) “Short Duration Discussion”-For raising a discussion on a matter of urgent

public importance for which a notice has to be given by a Member supported by two

other Members specifying clearly and precisely the matter to be raised.

(54) "Short Notice Question"-A question relating to a matter of urgent public

importance asked for oral answer by a Member with shorter notice than fifteen clear

days by giving the reasons for asking the question with short notice.
(55) "Sitting of the House"-A sitting of the House is duly constituted when it is

presided over by the Chairman or a member competent to preside over a sitting of

the House under the Constitution or the Rules of Procedure of Rajya Sabha.

(56) “Special Mention”-A procedure available to a Member who wishes to mention a

matter of public importance in the House by reading out from the text not exceeding

250 words.

(57) “Standing Committee”- Committee constituted by election by the House or

nomination by the Chairman every year or from time to time which are permanent in

nature.

(58) "Starred Question"-A question to which a member wishes to have an oral

answer on the floor of the House and which is distinguished by an asterisk.

(59) "Statutory Resolution"-A resolution in pursuance of a provision in the

Constitution or an Act of Parliament.

(60) "Subordinate Legislation"--Rules, regulations, orders, schemes, bye-laws, etc.

having the force of law, framed by the Executive or other subordinate authority in

pursuance of the power conferred on it by the Constitution or delegated to it by an

Act of Parliament.

(61) "Summons"--An official communication issued by the Secretary-General of

Rajya Sabha under the orders of the President to the Members of Rajya Sabha

informing them of the place, date and time of the commencement of a session of

Rajya Sabha.

(62) "Supplementary question" – A Question asked by any member when called by

the Chairman for the purpose of further elucidating any matter of fact regarding

which an answer has been given during the question hour.

(63) "Table of the House"--The Table just in front of the desk of the SecretaryGeneral below the
Chairman's Chair, on which papers which are required to be laid

on the Table of the House, are deemed to be placed.

(64) "Unstarred Question"--A question which is not called for oral answer in the

House and the written answer to such a question is deemed to have been laid on the

Table.

(65) “Valedictory remarks”-It is customary in every Session for the Chair to make
the Valedictory remarks at the end of Session thanking Members and leaders of

parties and groups for their cooperation in the conduct of business of the House.

(66) "Whips" – Members drawn from the party in power and the parties/groups in

opposition to perform specified functions and form vital links in the internal

organization of a party inside Parliament.

JUDICIAL SYSYTEM OF INDIA

The Supreme Court of India is the country’s highest judicial court. It is the final court of appeal in the
country.

Latest Updates related to the Indian Supreme Court:

1. On November 9, 2022, Justice D.Y. Chandrachud will take oath as the 50th Chief Justice of India.

2. 15th February 2021: Former Supreme Court Judge, Justice PB Sawant Passed Away on this day.

3. The Supreme Court is examining a petition relating to the Social Media Firm Facebook and its
Messaging Application WhatsApp over their terms of service and privacy policy that were to be out
on February 8th,2021.

4. 13th February 2021: Statement from Supreme Court while dismissing a review petition on the

anti-citizenship law protests held in Delhi's Shaheen Bagh in 2019 - "Right To Protest Cannot Be

Anytime, Everywhere."

Supreme Court History

● The Federal Court of India was created as per the Government of India Act 1935.

● This court settled disputes between provinces and federal states and heard appeals against
judgements of

the high courts.

● After independence, the Federal Court and the Judicial Committee of the Privy Council were
replaced by

the Supreme Court of India, which came into being in January 1950.

● The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges.

● The number of SC judges was increased by the Parliament and currently, there are 34 judges
including the

Chief Justice of India (CJI).

Supreme Court of India - Functions

● It takes up appeals against the verdicts of the High Courts, other courts and tribunals.

● It settles disputes between various government authorities, between state governments, and
between the
centre and any state government.

● It also hears matters which the President refers to it, in its advisory role.

● The SC can also take up cases suo moto (on its own).

● The law that SC declares is binding on all the courts in India and on the Union as well as the state

governments.

Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

1. Original

2. Advisory

3. Appellate

Supreme Court Composition

● Including the CJI, there are 34 judges in the Supreme Court.

● The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or more (called a

Constitutional Bench) when there are matters of fundamental questions of the law to be decided.

The Procedure of the Supreme Court of India

The Supreme Court of India has powers to consult the President to regulate the practice and
procedure of the Court.

Constitutional cases are usually decided by a bench consisting of five judges whereas other cases are
decided by a bench of at least three judges.

The seat of Supreme Court

As per the Constitution of India, Delhi is declared as the seat of the Supreme Court of India. However,
the Chief Justice of India has the power to assign another place (s) as the seat of the Supreme Court.
This is only an optional provision and not mandatory.

SC Judge Eligibility

As per Article 124, an Indian citizen who is below 65 years of age is eligible to be recommended for
appointment as a judge of the SC if:

1. he/she has been a judge of one or more High Courts, for at least 5 years, or

2. he/she has been an advocate in one or more High Courts for at least 10 years, or

3. he/she is in the opinion of the President, a distinguished jurist.

Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s independence. They are discussed
below:
1. Security of tenure: The judges of the SC are given security of tenure. Once appointed, they will
retain

their office until the age of 65 years. They can be removed only by a presidential order on grounds of

proven misbehaviour and/or incapacity. This requires a Special Majority according to Article 368.

Salaries and allowances: The judges of the SC enjoy good salaries and allowances and these cannot
be

decreased except in the case of a financial emergency. The expenses of the High Court are charged
on the

Consolidated Fund of the State, which is not subject to vote in the state legislature.

2. Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the Parliament and
not

be curtailed.

3. The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot be
discussed in

the legislature.

4. The SC has the power to punish any person for its contempt, as per Article 129.

5. Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the
state shall take steps to separate the judiciary from the executive in the public services of the state.
According to Article 50, there shall be a separate judicial service free from executive control.

Questions related to Supreme Court of India

Who is currently the Chief Justice of India (2022)?

The current Chief Justice of India is Justice Uday Umesh Lalit. He will demit office on attaining the age
of 65.

Justice Chandrachud will take oath as the 50th Chief Justice of India on November 9, 2022.

How many supreme courts are there in India?

There is only 1 Supreme Court in India. And, there are 25 High Courts.

What are the powers and functions of the Supreme Court of India?

SC is the highest judicial court in India. It upholds the rule of law and also guarantees and protects
citizens’ rights

and liberties as given in the Constitution. Therefore, the Supreme Court is also known as the
Guardian of the

Constitution.

How many judges are there in the Supreme Court?

At present, there are 34 judges in the SC including the CJI.

Can the President of India overturn a Supreme Court ruling?

Technically, the President cannot override a SC ruling. Only the Parliament can amend any law to
overturn the

decision of the SC. The President has the pardoning power, which he can exercise on the advice of
the Council of

Ministers. Even here, the President does not overrule the Supreme Court's decision. The judgement
of the Court remains, only, the President can “pardon” the punishment.

High Courts

The High Courts in India are the topmost judicial body in every state. High Courts serve as

lower courts in India's judicial hierarchy than the Supreme Court. A High Court and a system of

lower courts make up the state's judicial system. According to the Indian Constitution, each

state has a High Court, but the Parliament has the power to establish a common high court for

two or more states. A high court's territorial jurisdiction is co-terminus with a state's territory.

High Courts in India are one of the fundamental topics of Indian Polity, making it an absolute

requirement from the IAS perspective. This topic is significant for all UPSC Exam aspirants. This

article shall cover all necessary details, a list of High Courts in India, their functions, their

jurisdiction, their constitutional conception, etc.

High Court

The highest appellate court in Indian States and Union Territories is the High Court. A state's

top court is known as the High Court. It is recognised as the nation's second-highest court and

is positioned behind the Supreme Court of India. The High Court is composed of the Chief

Justice and any additional justices that the President may deem appropriate from time to time,

as stated in Article 216 of the Indian Constitution. In this way, unlike the Supreme Court, the

number of judges on a High Court can vary and be decided by the President on a case-by-case

basis while taking the volume of work before a High Court into consideration.

Every state in India is required to have a High Court, as stipulated in Article 214. A joint High

Court, however, may exist for two or more States or two or more States and a union territory, as

per Article 231.

In India, there are 25 High Courts, six of which have jurisdiction over several States or UTs.

Among the Union Territories, Delhi has its own High Court.
High Court: Historical Background

A High Court and a system of subordinate courts make up the State Judiciary. An integral cog in

the country's judicial system, let's trace its inception.

• On the recommendation of the Law Commission, the Indian High Courts Act 1861, which

proposed the formation of High Courts in the three Presidency cities of Calcutta, Madras,

and Bombay in place of the Supreme Court, was adopted in 1858. Over time, further

High Courts were created.

• The High Court of Calcutta approved a charter in May 1862, and the High Courts of

Bombay and Madras followed suit in June 1862. As an outcome, the Calcutta High Court

was established as the first High Court in the nation.

• The Constitution establishes the High Courts' organisational framework and legal

foundation.

• There are 25 High Courts currently for 28 States and 8 Union Territories. The Andhra

Pradesh High Court is a recent addition to the region. It becomes operational on January

1st, 2019.

Appointment of the High Court Judges

A procedure is followed for the Appointment of High Court judges. It has been briefed in the

pointers below:

• The President appoints the Judges of a High Court.

• However, before assigning judges to High Courts other than the Chief Justice, the

President must contact the Chief Justice of India, the State Governor, and the High

Court Chief Justice.

• According to Article 222, the President may transfer High Court judges after consulting

with the Chief Justice of India.

High Court Judges: Tenure, Removal and Salary

The details briefly explaining the tenure, the process of removal and the salary of a High Court

judge have been listed below;

Tenure

• A High Court judge appointed permanently holds office until age 62.

• The President decides on any disagreements regarding the age of judges after
consulting with the Chief Justice of India; the President's judgement is final.

• A judge is not in the office while the President is in office.

Removal

• On the suggestion of the Parliament, the President may order the removal of a judge

from his position.

• Only misbehaviour and incapacity are grounds for removal.

• The order is approved after each House of Parliament gives a speech that is supported

by a majority of the entire House and a majority of two-thirds of the total number of

members from each House present at the time and voting.

Salary and Emoluments

• According to Article 221, a High Court judge is eligible for pension and leave-of-absence

benefits that Parliament may periodically decide upon.

• However, this cannot be altered to the Judge's detriment once appointed.

Jurisdiction of High Courts

The High Court is the superior judicial body in a state. A High Court, however, only exercises its

original criminal and civil jurisdiction if the lower courts are not permitted by statute to hear such

cases due to a lack of pecuniary or territorial jurisdiction. High Courts may also have original

jurisdiction over a specific case if the constitution, state legislation, or federal law expressly

grants them that authority.

Most High Courts' activity comprised primarily of writ petitions filed following Articles 226 and

227 of the Indian constitution and appeals from subordinate courts. A High Court's original

jurisdiction includes writ jurisdiction as well.

Territorial Jurisdiction

• The territorial limits of a state coincide with the jurisdiction of a High Court.

• The High Court's authority does, however, extend to those areas if the Parliament

creates a High Court for two or more States or expands its jurisdiction to Union Areas.

• The Constitution does not provide a full definition of the High Court's authority,

jurisdiction, or other administrative functions.

Original Jurisdiction

• The other High Courts primarily have appellate authority. However, the High Courts of

the Presidency Towns have original and appellate jurisdiction.

• Only cases involving admiralty, probate, matrimonial law, and contempt of court fall

under the original jurisdiction of the other High Court. The Presidency High Courts used

to have initial jurisdiction over civil and criminal cases.

• All High Courts lost their initial criminal jurisdiction due to the Criminal Procedure Code

of 1973. Only civil cases with a value above a certain threshold fall under the original

jurisdiction.

Appellate Jurisdiction of High Court

• All High Courts considers appeals in civil and criminal cases from their subordinate

tribunals and their original side as they function as appellate courts.

• Several High Courts permit intra-court appeals. From a single judge's ruling, an appeal

may be made to a division bench of the same High Court.

• On the other hand, tribunals established in accordance with the law governing the

nation's military services are outside the purview of the High Courts.

Writ Jurisdiction of High Court

According to Article 226 of the Constitution, the High Courts have the authority to issue

directives, orders, or writs to enforce and protect Fundamental Rights and any other reason.

Functions of the High Court

Being one of the most important judicial bodies of the country, the High Court have numerous

functions that account for the smoother administration of justice to the masses. These have

been explained below:

Administrative and Supervisory Functions

• Every High Court is guaranteed to have complete control over the employees under

Article 229 of the Constitution.

• In accordance with this Article, the Chief Justice of a High Court has the power to

designate Court employees.

• Additionally, he has the power to control employee working conditions and dismiss any

employee employed by the Court.

• The highest court in a state's legal system is the High Court. According to Article 227, a

High Court can supervise and direct the lower courts in all legal and administrative

affairs.

Court of Record for Subordinate Courts

• The lower courts must abide by the High Court's decision.

• All upcoming cases will be related to their methods and judgments.

• It has the power to punish anyone who disobeys it or one of its lower courts.

• It can also search the files of its inferior courts.

Superintendence

• Every High Court has the authority to oversee all courts and tribunals functioning within

its territorial jurisdiction, except for those dealing with the Armed Forces.

• The High Court establishes guidelines and standards for how these courts must do their

business and oversee and manage their operations.

The High Court's power

• Demand the restoration of the judgments from lower courts;

• Enact and publish general rules controlling the conduct of such courts' proceedings and

defining forms;

• cases are transferred from one court to another and prescribe the formats in which the

officers of any such courts need to maintain their records and accounts.

• Under Article 235, the High Court may also establish guidelines for the appointment,

promotion, and absence of lower court personnel.

• Judicial Review Authority: The High Court has the authority to examine the

constitutionality of legislative and executive orders issued by the federal and state

governments. Our constitution does not include the term "judicial review," but Articles 13

and 226 explicitly provide the High Court with this authority.

List of High Courts in India

The number of High Courts in India is 25

Judicial activism

Judicial activism is a concept that originated in the US in 1947. It has been seen in India since the

Emergency days.

Judicial Activism

The judiciary plays an important role in upholding and promoting the rights of citizens in a country.
Active role of the judiciary in upholding the rights of citizens and preserving the constitutional and
legal system of the country is known as judicial activism. This entails, sometimes overstepping into
the territories of the executive. Judicial activism gone too far is judicial overreach.

The concept of Public Interest Litigation (PIL) is always talked of when judicial activism is discussed.

Judicial activism is seen as a success in liberalizing access to justice and giving relief to disadvantaged

groups, because of the efforts of justices V R Krishna Ayer and P N Bhagwati.

The Black's Law Dictionary defines judicial activism as “judicial philosophy which motivate judges to

depart from the traditional precedents in favour of progressive and new social policies.”