The High Court is at the apex of the judicial
administration of the state. Art 214 of the Constitution provides that
there shall be a High Court for each state of the Indian union. But the
Indian Parliament is empowered to establish a common High Court
for two or more states and to extend the jurisdiction of a High
Court to a union territory. Similarly, Parliament can also reduce the
area of jurisdiction of a High Court.
The High Court consists of a Chief
Justice and some other Judges. The number of judges is to be determined by
the President of Indian from time to time. The Chief Justice of a
High Court is appointed by the President in consultation with the
Chief Justice of the Supreme Court and the Governor of the state concerned.
The procedure for appointing other judges is the same except that the
Chief Justice of the High Court concerned is also consulted.
They hold office until they attain the
age of 62 years and are removed from office in the same manner as
a judge of the Supreme Court.
Qualification
A person shall be qualified for
appointment as a judge of the High Court if
(a) he is a citizen of India,
(b) has for at least ten
years held a judicial office in the territory of India, or
(c) has for at least ten years
been an advocate of a High Court, or of two or more such courts in
succession.
Every judge of the High Court before
entering upon his office shall make and subscribe before the Governor of
the state, an oath of affirmation in the form prescribed by the
Constitution.
Removal of judges
A judge of the High Court shall hold
office until he attains the age of 62 years. A judge may resign from his
office by writing under his hand to the president of India. He can also be
removed by the President of India on the ground of proved misbehaviour
or inefficiency if a resolution to that effect is passed by both
the Houses of Parliament by a two-thirds majority of the
total members present and voting, supported by a majority of the
total membership of each house.
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