Question

Write a brief note about the formation and working of the High Court.

Answer 1

(A) Appointment of the Judges:

1. The President of India consults with the Chief Justice of the Supreme Court and the Governor of the respective state to appoint the Chief Justice of the High Court for that state.
2. The Chief Justice of the High Court is then consulted for appointing other judges of the High Court.
3. The President is the representative of the Prime Minister and the Cabinet of Ministers. Hence, only the President can appoint a Chief Justice after discussing and consulting with the Prime Minister and the Cabinet Ministers.
4. Then number of judges is not the same in all the High Courts of India.
5. If the President feels that the High Court is over loaded, it can appoint ad-noc in-charge judges for a period of two years.

(B) Tenure and removal of the Judges:

1. The judges of the High Court can remain in power till the age of 62 years.
2. If the judges wish to resign, they can submit their resignation to the President.
3. As per the provision in the Constitution, the President can remove any of the judges of the High Court through the process of impeachment. The Parliament can impeach a judge in case of charges of misconduct or misbehavior of the judges.
4. The judges of the. High Court can be transferred anywhere in India.

(C) Proceedings:

All the proceedings of the High Court are carried out in English language. On the order of the Legislative Assembly of a state that the work of the High Court is carried out in the vernacular language of that state.