RRB Group D GK GS High Court And Subordinate Court

RRB Group D GK GS High Court And Subordinate Court: The Indian judicial system is structured with High Courts as the highest judicial authority at the state level, playing a vital role in upholding justice and interpreting the law. High Courts derive their powers and structure from the Constitution, ensuring a robust and independent judiciary. 

Below them, Subordinate Courts, including District and Sessions Courts, function at the district level, forming the foundation of the legal framework. These courts handle civil and criminal cases under the supervision of High Courts, maintaining a hierarchical structure that ensures effective administration of justice at both state and district levels.

This topic is important for government exams like RRB Group D, RRB NTPC, RRB ALP, and other Railway recruitment exams, as questions are frequently asked from Indian Judiciary under GK/GS

RRB Group D GK GS - High Court And Subordinate Court

The Indian judicial system consists of High Courts as the highest state-level authority, ensuring justice and law interpretation. Below them, Subordinate Courts, including District and Sessions Courts, form the foundation of district-level legal operations. Below, we have provided a detailed explanation of the structure and functions of both High Courts and Subordinate Courts:

High Court

The High Court stands as the highest judicial body within a state. Its constitutional provisions are detailed in Part VI of the Indian Constitution, specifically from Article 214 to Article 231.

Establishment

The institution of High Courts in India commenced in 1862, with the establishment of High Courts in Kolkata, Bombay, and Madras. Subsequently, the Allahabad High Court was founded in 1866, notable for being the largest High Court in India. 

In 2016, the names of the Bombay, Calcutta, and Madras High Courts were officially updated to Mumbai, Kolkata, and Chennai High Courts.

Key Constitutional Articles for High Courts

The framework and operation of High Courts are defined by several essential articles:

• Article 214: States that each state shall have a High Court.

• Article 216: Pertains to the Constitution of High Courts.

• Article 217: Details the qualifications and conditions for a High Court judge's office.

• Article 219: Describes the oath or affirmation taken by judges of the High Courts.

• Article 222: Grants the President the power to transfer a judge from one High Court to another.

• Article 226: Empowers High Courts to issue certain writs.

• Article 231: Allows Parliament to establish a common High Court for two or more states. (To remember Article 231, think of it as "1, 2, 3," signifying that one court can serve more than one state, i.e., multiple states.)

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Structure, Appointment, and Qualifications

Constitution of High Courts (Article 216)

Each High Court comprises a Chief Justice and other judges, whose number is determined by the President based on the court's workload. The number of judges is not fixed.

Qualifications for Judges (Article 217)

To qualify for appointment as a High Court judge, an individual must either:

1. Have held a judicial office in India for at least 10 years, OR

2. Have been an advocate of a High Court (or successive High Courts) for at least 10 years.

Appointment Process

The appointment procedure varies for the Chief Justice and other judges:

• Chief Justice of a High Court: Appointed by the President after consultation with the Chief Justice of India (CJI) and the Governor of the concerned state.

• Other Judges of a High Court: Appointed by the President after consultation with the CJI, the Governor of the state, and the Chief Justice of that High Court.

• For a Common High Court: The President consults the governors of all states involved.

Tenure, Removal, and Service Conditions

Tenure and Resignation

A High Court judge holds office until attaining the age of 62 years. They can resign at any time by submitting their resignation to the President.

Removal of Judges

The removal process for a High Court judge mirrors that of a Supreme Court judge. Removal can only occur through an impeachment process by Parliament on two specific grounds:

1. Proved Misbehaviour (सिद्ध कदाचार)

2. Incapacity (अक्षमता / असमर्थता)

Oath (Article 219)

Before assuming office, every High Court judge takes an oath administered by the Governor of the state, as prescribed in the Third Schedule of the Constitution.

Salaries and Pensions

Parliament determines the salaries and pensions of High Court judges. As per a 2018 amendment, the monthly salaries are:

• Chief Justice of High Court: ₹2.5 lakh

• Other Judges of High Court: ₹2.25 lakh

A key distinction exists in the funding of their emoluments:

• Salary and Allowances: These are charged to the Consolidated Fund of the State.

• Pension: This is charged to the Consolidated Fund of India.

Transfer of Judges (Article 222)

The President holds the power to transfer a judge from one High Court to another, after consulting with the CJI.

High Courts with Shared Jurisdiction

Several High Courts exercise jurisdiction over more than one state or union territory:

• Bombay High Court: Covers Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu.

• Calcutta High Court: Covers West Bengal and the Andaman & Nicobar Islands.

• Guwahati High Court: Covers Assam, Nagaland, Mizoram, and Arunachal Pradesh.

• Kerala High Court: Covers Kerala and Lakshadweep.

• Punjab and Haryana High Court: Covers Punjab, Haryana, and Chandigarh.

• The Jammu & Kashmir and Ladakh High Court also serves multiple regions.

Subordinate Courts (Articles 233-237)

Subordinate Courts operate under the direct oversight and control of the state's High Court.

Structure and Function

The highest court at the district level is the District Court. These courts are broadly categorized into:

1. Civil Courts (Diwani Nyayalaya): Handle civil matters such as property disputes and contracts.

2. Criminal Courts (Faujdari Nyayalaya): Deal with criminal offenses like theft and murder.

The District Judge

The District Judge is the top judicial officer in a district, authorized to hear both civil and criminal cases.

• When presiding over civil cases, this officer is known as the District Judge.

• When presiding over criminal cases, the same officer is referred to as the Sessions Judge.

Appointment of District Judges (Article 233)

District judges are appointed, posted, and promoted by the Governor of the state, in consultation with the High Court.