1.

Explain the formation and jurisdiction of High Court.

Answer»

Article 216 says that each High Court shall comprised a Chief Justice and judges who will be appointed by the President as and when required. Thus, the President decides on the number of judges in a High Court.

 1. Appointment of Judges: Article 217 (1) says that the President appoints the Chief Justice and judges of a High Court. The President appoints the Chief Justice of a High Court on advice of Chief Justice of the Supreme Court and the Governor of the related state. He appoints other judges on advice from the Chief Justices of the Supreme Court & High Court and Governor.

Following are the jurisdictions of High Court:

Original Jurisdiction: This jurisdiction primarily means hearing of cases by the High Court. 

The cases can be from following aspects:

1. Dispute regarding election of members of Parliament or of state legislature. 

2. Dispute regarding revenue collection. 

3. Cases related to admirality, probate, marriage, company law, divorce, etc.

2. Writ Jurisdiction: Article 226 says that High Court can issue habeas corpus, writ, embargo, quo warranto and certiorari. While the Supreme Court can only issue . writ for fundamental rights, the High Court can issue writs for fundamental rights as well as for other rights. 

3. Appellate Jurisdiction:The appellate jurisdiction of High Court can be of three categories: 

Civil: An appeal can be filed in the High Court against district courts in cases of income tax, patent, design, inheritance, etc. 

Criminal: If a criminal has been given the sentence of four or more years or death sentence by a session court, he can appeal in the High Court.

Constitutional: If interpretation of Constitution is involved then the case can be appealed in the High Court.



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