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A Model of New Constitution For India

High Courts in the States
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

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The High Courts in the States

203.    High Courts for States.

(1)           There shall be Thirty High Courts in the entire Country, to be set-up with the demarcation of their jurisdictional area, in consideration of administrative distances, so people from any corner may find as far as practicable, similar distance between one and another High Courts. The Jurisdictional areas of the High Courts shall not be delineated on the basis of the boundary of any State. But one entire district of a State shall be within the jurisdiction of one High Court.

(2)           A law by Parliament, in which Union Territories can be included or excluded from One High Court or other, shall make the delineation of the Jurisdictional area of the High Courts.

 

204.   High Courts to be courts of record.

(1)                Every High Court shall be a court of record and shall have powers of such a court including the power to punish for contempt caused by non-compliance of any order or by making false allegations against any judge or judiciary, within the area of its jurisdiction.

(2)                Every person accused for the contempt of the Court shall have right to defend on the basis of truth.

(3)                No person shall be punished for contempt charges, until his statement is not proved beyond the truth.

 

205.     Constitution of High Courts.

Every High Court shall consist of a Chief Justice and such other number of Judges as the President may time to time appoint in accordance with the provisions provided under the Constitution.

 

206.    Appointment and conditions of the office of a Judge of a High Court.

(1)    There shall be High Courts consisting the Jurisdictional areas delineated from one or more States. However, one entire district of a State shall be within the jurisdiction of one High Court. Each High Court shall consisting of a Chief Justice and other number of Judges, as may be recommended time to time, by the National Judicial Commission, from the penal of names forwarded by the State Judicial Commission and sanctioned by the President in consultation with the Government of Bharat.

(2)    Every Judge of a High Court shall be appointed, minimum for twelve years, by the President by warrant under his hand and seal, on the basis of the recommendations by the National Judicial Commission, after satisfaction on merit.

(3)    The age of a person, to be appointed as a judge of a High Court, shall not be more than 50 years, at the time of appointment and shall hold such office till attain the age of 62 years.

(4)    A person shall not be qualified for appointment as a Judge of High Court, unless he is Origin born Bharatiya, and is a Senior Advocate of any High Court or Supreme Court for more than 5 years or has been for at least three years as District Civil and Sessions judge at any District Head Quarter.

(5)    The Chief Justice of a High Court Should be appointed by the President, for at least three years but not for more than five years, on the recommendation by full Bench of National Judicial Commission, from the names, amongst senior most judges of the same Court, forwarded by a Bench of the Supreme Court, consisting of four senior most Judges including Chief Justice, from the names forwarded by the State Judicial Commission.

(6)    A Judge of High Court, including Chief Justice, can be removed by the Full Bench of National Judicial Commission, on the basis of inquiry and investigation made by the Judicial committee constituted for the purpose, consisting of one Chief Justice and two senior judges, all from three different High Courts, after State Judicial Commission prima-facie satisfied for holding of such inquiry and investigation.

(7)    A High Court Judge, at least for five years from his retirement or resignation or removal, shall not contest any election for any office referred under this Constitution and shall not plead or act in any Court or accept any other job, except as a Chairman or member of any Commission constituted in accordance with the provisions provided under Constitution.

(8)    Every person appointed to be a Judge of the High Court, before he enters upon his office, shall make and subscribe, before the Chief Justice of the same High Court, or in his absence senior most judge of such High Court, an oath or affirmation in the following manner: -

" I,   A.B., having been appointed Chief Justice  (or a Judge) of the High Court swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour (even in a matter pertained to a brethren Judge), affection or ill will and that I will uphold the Constitution and the laws."

(9)    Violation of the Oath taken by a High Court Judge shall evident his incompetence to continue as a High Court Judge.

(10)Any Judge may, by writing under his hand addressed to the President, giving reasons, resign his office. President, after satisfying with the reasons stated in the resignation letter, may accept it.

 

207.     Original jurisdiction of the High Courts.

(1)                Every High Court shall admit a complaint, after preliminary satisfaction, against the criminal misconduct of any public servant holds or holding the office as member in council of ministers at State Government and any person being the members of Central Services, holds or holding any post below the rank of Secretary of the Central Government and Secretary of State, and after admit such complaint, it should be forwarded to a appropriate sub-ordinate court for further criminal proceedings, including determination and Judgment.

(2)                Every High Court shall admit a complaint, after preliminary satisfaction, against the criminal misconduct by any Judge having holds or has holds any office at any Court at the District level and after admit such complaint, it should be forwarded to a appropriate sub-ordinate court for further criminal proceedings, including determination and Judgment.

(3)                Once a complaint is admitted under clause (1) and (2) the person holds such office, immediately, shall record his true statement, before a competent Court, without hiding anything.

(4)                After going through such statement, a Higher Bench of High Court shall issue an order whether such person shall continue or not in his office till final Judgment in the matter.    

 

208.    Restriction on practice after being a permanent Judge.

No person who, has held as a permanent judge of a High Court shall plead or act in any Court or provide consultancy, except as a member of the State Judicial Commission.

 

209.             Salaries, etc., of Judges.

(1)    The justified salaries, privileges allowances and pension for the Chief Justice and other Judges of Supreme Court and, High Courts, time to time, shall be determined on the basis of a method to be evolved by a committee, consisting of one Supreme Court Judge, one Chief Justice of a High Court, one representative from Central Government, one representative of the second largest political party, and one representative from the Bar.

(2)    The proceeding of such committee shall be transparent to public and every citizen shall right to represent before it.

(3)    Changing in scale of salaries privileges allowances and pension cannot be revised frequently, at least before two years from earlier change.

(4)    Method adopted under clause (1) shall not be reviewed at least by a gape of twenty years.

 

210.    Transfer of a Judge from one High Court to another.

(1)                The National Judicial Commission, on request from the Central Government or from the Bar or in the interest of Justice: suo-moto or in consideration of any complaint, may transfer a Judge from one High Court to other High Court.

(2)                Chief Justice of a High Court shall not be transferred to another High Court, unless some serious allegation against such Chief Justice is under inquiry.

 

211.     Appointment of acting Chief Justice.

When the office of the 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 senior most Judge of the same High Court shall be appointed for time being as Acting Chief Justice, and duties of the office shall be performed by such Acting Chief Justice. 

 

212.    Jurisdiction of existing High Courts.

In respect of all matters filed before any High Court, before the commencement of this Constitution, the provisions of this Constitution shall apply.

 

213. Bar to dismiss any matter on the grounds of the wrong jurisdiction.

Any matter cannot be dismissed or rejected just on the grounds that it has been filed beyond the jurisdiction of the Court. Such matter shall be forwarded to a Court having appropriate jurisdiction in the matter.

 

214.    Power of High Courts to issue certain writs.

(1)     Every High Court shall have power, throughout its jurisdictional territories, to exercise its jurisdiction, to issue to any person or authority, including in appropriate cases, any Government within its territorial jurisdictions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights and duties conferred by Part III and for any other purpose, notwithstanding anything in Article 21 of this Constitution.

(2)     Law commission of Bharat, after inviting suggestions from general public, shall frame drafts of the comprehensive Rules, with the objective to ensure justice, expedite the Court proceedings and for regulating generally the practice and procedure of the Court including rules as to the proceedings in the High Court for the enforcement of any of the rights conferred by Part III.

 

215.    Bar on Judgment, decree or final order by one Judge of a High Court.

Single Judge of a High Court shall not pronounce any Judgment, decree or pass any final order in any Civil or Criminal proceeding.

 

216.    Power of superintendence over all subordinate courts by the High Courts.

(1)     Every High Court shall constitutes a committee of the High Court's three Judges to supervise the functioning and administrations of the tribunals, sub-ordinate courts within the territorial jurisdiction of such High Court, to ensure free and fair justice to all.

(2)     The High Court can hold an inquiry and conduct an investigation in respect of any misconduct of the presiding officer of such tribunal or courts, and after finding of facts, can take a decision necessary in the interest of the justice.

(3)     To ensure proper functioning of every tribunal and sub-ordinate courts, every High Court shall frame detailed appropriate "ORDERS AND RULES", and to prescribe necessary forms regulate properly the practice, proceeding and functioning of the tribunals and courts.

(4)     Every High Court shall prescribe forms in which the officers of such tribunals and courts shall keep books, entries, and accounts.

(5)     Every High Court shall maintain a register regarding the performances of the presiding officers of such tribunal or sub-ordinate courts.

(6)     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.   

 

217.   Transfer of certain cases.

Where cases involving the same or substantially the same questions of law or fact are pending before any tribunal or sub-ordinate court and one or more tribunal or sub-ordinate court or before two or more courts or necessary in the interest of justice or High Court is satisfied on its own motion or on an application, the High Court may withdraw the case or cases pending before the one or more courts or any other court or Courts and dispose of all the cases itself, or transfer to some other court or courts.  

 

218.     Officers and servants and the expenses of High Courts.

(1)        High Court shall made appointments of the officers and servants of the Court, in accordance with the rules framed in this respect.

(2)            Conditions of service of the officers and servants of the High Court shall be the same as of the similar grade officers and servants of the Central Government.

(3)     The administrative expenses of the High Court, including salaries, allowances, privileges and rights of the Judges, officers and servants shall be charged upon the Consolidated Fund of India, without any approval from the President or Governor or     the Government.

(4)        The administrative expenses of the High Court, including salaries, allowances, privileges and rights of the Judges, officers and servants shall be subject to audit, by the Comptroller and Auditor-General of India and his report shall be transparent to public

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TRUTH SHALL PREVAIL