In India, the High Courts form an integral part of the judicial system. High Courts play an important role in upholding justice and the rule of Law. The following are some important facts about the High Courts of India.
1. The structure of the High Courts
In India, the High Courts represent the highest level of judicial authority. There are 25 High Courts across the country. Each one serves a particular state or group. Each High Court is headed by a chief justice, which is selected by the president of India after consulting with the chief judge of India.
2. The High Courts’ Jurisdiction
Both civil and criminal matters are within the jurisdiction of high courts. In certain instances, they can also hear appeals and have original jurisdiction. The High Court also has the authority to issue certain writs, such as mandamus and prohibition to protect fundamental rights.
3. Role of Judicial System
The High Courts are appellate courts that hear appeals by lower courts and tribunals. In order to serve justice, they can also review lower court and tribunal decisions. They can also give directives to government officials and others to enforce the rule of the law.
4. Important of High Courts
The role of high courts is crucial in protecting the liberties and rights of citizens. As a result, they act to check the actions of both the executive and legislative branch. They also act as protectors of the constitution and make sure that principles such as justice, equal rights, and the rule law are adhered to.
5. High Court Decisions
The Indian High Courts have handed down several important judgments which have had an impact on India. In the Vishaka Case, for example, the Supreme Court of India declared that sexual harassment in the workplace was a violation of the fundamental rights. It also issued guidelines on how to address and prevent such harassment. The Delhi High Court also decriminalized homophobia in the Navtej Johar Case, which was a decision that overturned a law of colonial era criminalizing homosexuality.
The Frequently Asked Questions
1. What’s the difference between the Supreme Court and a High Court?
The Supreme Court of India is higher than the High Courts in every state. While High Courts can only have jurisdiction in certain states or groupings of states, the Supreme Court covers the whole country.
2. How do judges get appointed to the High Courts of Justice?
The President of India appoints judges of high courts in consultation with both the Chief Justice and Governor of each state. A collegium consisting of senior judges and the Chief Justice of India recommends candidates to be appointed as judges of High Courts.
3. Do high courts hear cases involving fundamental rights?
The High Courts do have the authority to consider cases involving fundamental rights. To enforce citizens’ liberties and to protect their fundamental rights, they can use writs like habeas corpus and mandamus.
4. How do I bring a case before a High Court in the UK?
A petition describing the facts, legal questions and relief requested can be filed in the High Court. It is necessary to file the petition with all the required court documents and fees at the High Court of the relevant jurisdiction.
5. Can the High Courts of Justice review their own judgements?
The High Courts do have the right to review and correct their judgments in order to address errors or new evidence. It is called the “power of review” and it is meant to serve justice and uphold the rule of the law.
6. What is the time frame for a High Court to decide a case?
High Courts may take longer to resolve a particular case depending on factors such as the difficulty of the case and availability of judges. In general, the High Courts try to give judgments as quickly as possible to make sure that justice is delivered without delay.
7. Can I appeal to the Supreme Court a High Court judgement?
Parties who disagree with a High Court judgement can make an appeal at the Supreme Court of India. Supreme Court of India has the authority to review High Court decisions and to issue directives so that justice can be served and the law upheld.
8. Can high courts issue directives to government?
The High Courts do have the authority to give directives that the Government and other Authorities must follow to uphold and obey the law. The High Courts have the power to issue directives such as mandamus and prohibition.
9. Can lower court judgments be based on High Court judgements?
High Court decisions are binding upon lower courts under High Court jurisdiction. To ensure coherence and consistency in the justice system, lower courts must follow High Court judgements.
10. What is the best way to find High Court judgements online?
High Court decisions are usually available on the official websites of their respective High Courts. Enter the case numbers, parties names or keywords related to a case in order to search for the specific judgement. Many High courts also make their judgments available through websites and legal databases.
