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BOOK: A MODEL OF NEW CONSTITUTION FOR INDIA
The High Courts And Lower Court in the States
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The High Courts in the States

203.    High Courts for States.

(1)             There shall be Thirty High Courts in the entire Country, to be set-up with the demarcation of their jurisdictional area, in consideration of administrative distances, so people from any corner may find as far as practicable, similar distance between one and another High Courts. The Jurisdictional areas of the High Courts shall not be delineated on the basis of the boundary of any State. But one entire district of a State shall be within the jurisdiction of one High Court.

(2)             A law by Parliament, in which Union Territories can be included or excluded from One High Court or other, shall make the delineation of the Jurisdictional area of the High Courts.

 

204.   High Courts to be courts of record.

(1)                 Every High Court shall be a court of record and shall have powers of such a court including the power to punish for contempt caused by non-compliance of any order or by making false allegations against any judge or judiciary, within the area of its jurisdiction.

(2)                 Every person accused for the contempt of the Court shall have right to defend on the basis of truth.

(3)                 No person shall be punished for contempt charges, until his statement is not proved beyond the truth.

 

205.     Constitution of High Courts.

Every High Court shall consist of a Chief Justice and such other number of Judges as the President may time to time appoint in accordance with the provisions provided under the Constitution.

 

206.    Appointment and conditions of the office of a Judge of a High Court.

(1)     There shall be High Courts consisting the Jurisdictional areas delineated from one or more States. However, one entire district of a State shall be within the jurisdiction of one High Court. Each High Court shall consisting of a Chief Justice and other number of Judges, as may be recommended time to time, by the National Judicial Commission, from the penal of names forwarded by the State Judicial Commission and sanctioned by the President in consultation with the Government of Bharat.

(2)     Every Judge of a High Court shall be appointed, minimum for twelve years, by the President by warrant under his hand and seal, on the basis of the recommendations by the National Judicial Commission, after satisfaction on merit.

(3)     The age of a person, to be appointed as a judge of a High Court, shall not be more than 50 years, at the time of appointment and shall hold such office till attain the age of 62 years.

(4)     A person shall not be qualified for appointment as a Judge of High Court, unless he is Origin born Bharatiya, and is a Senior Advocate of any High Court or Supreme Court for more than 5 years or has been for at least three years as District Civil and Sessions judge at any District Head Quarter.

(5)     The Chief Justice of a High Court Should be appointed by the President, for at least three years but not for more than five years, on the recommendation by full Bench of National Judicial Commission, from the names, amongst senior most judges of the same Court, forwarded by a Bench of the Supreme Court, consisting of four senior most Judges including Chief Justice, from the names forwarded by the State Judicial Commission.

(6)     A Judge of High Court, including Chief Justice, can be removed by the Full Bench of National Judicial Commission, on the basis of inquiry and investigation made by the Judicial committee constituted for the purpose, consisting of one Chief Justice and two senior judges, all from three different High Courts, after State Judicial Commission prima-facie satisfied for holding of such inquiry and investigation.

(7)     A High Court Judge, at least for five years from his retirement or resignation or removal, shall not contest any election for any office referred under this Constitution and shall not plead or act in any Court or accept any other job, except as a Chairman or member of any Commission constituted in accordance with the provisions provided under Constitution.

(8)     Every person appointed to be a Judge of the High Court, before he enters upon his office, shall make and subscribe, before the Chief Justice of the same High Court, or in his absence senior most judge of such High Court, an oath or affirmation in the following manner: -

" I,   A.B., having been appointed Chief Justice  (or a Judge ) of the High Court swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of Bharat as by law established, that I will uphold the sovereignty and integrity of Bharat that I will duly and faithfully and to the best of my knowledge and judgment guided by the Constitution, perform the duties of my office without fear or favour (even in a matter pertained to a brethren Judge), affection or illwill and that I will uphold the Constitution and the laws."

(9)     Violation of the Oath taken by a High Court Judge shall evident his incompetence to continue as a High Court Judge.

(10)  Any Judge may, by writing under his hand addressed to the President, giving reasons, resign his office. President, after satisfying with the reasons stated in the resignation letter, may accept it.

 

207.     Original jurisdiction of the High Courts.

(1)                 Every High Court shall admit a complaint, after preliminary satisfaction, against the criminal misconduct of any public servant holds or holding the office as member in council of ministers at State Government and any person being the members of Central Services, holds or holding any post below the rank of Secretary of the Central Government and Secretary of State, and after admit such complaint, it should be forwarded to a appropriate sub-ordinate court for further criminal proceedings, including determination and Judgment.

(2)                 Every High Court shall admit a complaint, after preliminary satisfaction, against the criminal misconduct by any Judge having holds or has holds any office at any Court at the District level and after admit such complaint, it should be forwarded to a appropriate sub-ordinate court for further criminal proceedings, including determination and Judgment.

(3)                 Once a complaint is admitted under clause (1) and (2) the person holds such office, immediately, shall record his true statement, before a competent Court, without hiding anything.

(4)                 After going through such statement, a Higher Bench of High Court shall issue an order whether such person shall continue or not in his office till final Judgment in the matter.    

 

208.    Restriction on practice after being a permanent Judge.

No person who, has held as a permanent judge of a High Court shall plead or act in any Court or provide consultancy, except as a member of the State Judicial Commission.

 

209.                 Salaries, etc., of Judges.

(1)     The justified salaries, privileges allowances and pension for the Chief Justice and other Judges of Supreme Court and, High Courts, time to time, shall be determined on the basis of a method to be evolved by a committee, consisting of one Supreme Court Judge, one Chief Justice of a High Court, one representative from Central Government, one representative of the second largest political party, and one representative from the Bar.

(2)     The proceeding of such committee shall be transparent to public and every citizen shall right to represent before it.

(3)     Changing in scale of salaries privileges allowances and pension cannot be revised frequently, at least before two years from earlier change.

(4)     Method adopted under clause (1) shall not be reviewed at least by a gape of twenty years.

 

210.    Transfer of a Judge from one High Court to another.

(1)                 The National Judicial Commission, on request from the Central Government or from the Bar or in the interest of Justice: suo-moto or in consideration of any complaint, may transfer a Judge from one High Court to other High Court.

(2)                 Chief Justice of a High Court shall not be transferred to another High Court, unless some serious allegation against such Chief Justice is under inquiry.

 

211.     Appointment of acting Chief Justice.

When the office of the Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the senior most Judge of the same High Court shall be appointed for time being as Acting Chief Justice, and duties of the office shall be performed by such Acting Chief Justice. 

 

212.    Jurisdiction of existing High Courts.

In respect of all matters filed before any High Court, before the commencement of this Constitution, the provisions of this Constitution shall apply.

 

213. Bar to dismiss any matter on the grounds of the wrong jurisdiction.

Any matter cannot be dismissed or rejected just on the grounds that it has been filed beyond the jurisdiction of the Court. Such matter shall be forwarded to a Court having appropriate jurisdiction in the matter.

 

214.    Power of High Courts to issue certain writs.

(1)       Every High Court shall have power, throughout its jurisdictional territories, to exercise its jurisdiction, to issue to any person or authority, including in appropriate cases, any Government within its territorial jurisdictions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights and duties conferred by Part III and for any other purpose, notwithstanding anything in Article 21 of this Constitution.

(2)     Law commission of Bharat, after inviting suggestions from general public, shall frame drafts of the comprehensive Rules, with the objective to ensure justice, expedite the Court proceedings and for regulating generally the practice and procedure of the Court including rules as to the proceedings in the High Court for the enforcement of any of the rights conferred by Part III.

 

215.    Bar on Judgment, decree or final order by one Judge of a High Court.

Single Judge of a High Court shall not pronounce any Judgment, decree or pass any final order in any Civil or Criminal proceeding.

 

216.    Power of superintendence over all subordinate courts by the High Courts.

(1)      Every High Court shall constitutes a committee of the High Court's three Judges to supervise the functioning and administrations of the tribunals, sub-ordinate courts within the territorial jurisdiction of such High Court, to ensure free and fair justice to all.

(2)      The High Court can hold an inquiry and conduct an investigation in respect of any misconduct of the presiding officer of such tribunal or courts, and after finding of facts, can take a decision necessary in the interest of the justice.

(3)      To ensure proper functioning of every tribunal and sub-ordinate courts, every High Court shall frame detailed appropriate "ORDERS AND RULES", and to prescribe necessary forms regulate properly the practice, proceeding and functioning of the tribunals and courts.

(4)      Every High Court shall prescribe forms in which the officers of such tribunals and courts shall keep books, entries, and accounts.

(5)      Every High Court shall maintain a register regarding the performances of the presiding officers of such tribunal or sub-ordinate courts.

(6)      Nothing in this article shall be deemed to confer on a High Court, powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.   

 

217.   Transfer of certain cases.

Where cases involving the same or substantially the same questions of law or fact are pending before any tribunal or sub-ordinate court and one or more tribunal or sub-ordinate court or before two or more courts or necessary in the interest of justice or High Court is satisfied on its own motion or on an application, the High Court may withdraw the case or cases pending before the one or more courts or any other court or Courts and dispose of all the cases itself, or transfer to some other court or courts.  

 

218.     Officers and servants and the expenses of High Courts.

(1)           High Court shall made appointments of the officers and servants of the Court, in accordance with the rules framed in this respect.

(2)                Conditions of service of the officers and servants of the High Court shall be the same as of the similar grade officers and servants of the Central Government.

(3)                 The administrative expenses of the High Court, including salaries, allowances, privileges and rights of the Judges, officers and servants shall be charged upon the Consolidated Fund of India, without any approval from the President or Governor or     the Government.

(4)           The administrative expenses of the High Court, including salaries, allowances, privileges and rights of the Judges, officers and servants shall be subject to audit, by the Comptroller and Auditor-General of India and his report shall be transparent to public


Subordinate Courts.

219.         Appointment of district judges.

(1)            State Judicial Commission shall select the persons for appointment as the members of Judicial Services of the State, in accordance with the Law made by the Parliament on the basis of and with or without any changes in the Draft forwarded by the Law Commission of Bharat, after consultation with the National Judicial Commission and Public Service Commission and in accordance with the Rules notified by the Law Commission of Bharat:

(2)           The Governor shall appoint such person as the members of State Judicial Services by his hand and seal, provided Governor have no doubt about integrity, honesty or competency of such person.

(3)                 Law made by the Parliament and Rules notified by the Law Commission of Bharat shall provide appropriate provisions, clear rules, regulations and guidelines in respect of selections of the person as member of State Judicial Services, and after appointment his posting, transfer, promotion and supervision of his performance shall be regulated by the respective High Court of a State. Every new appointee shall be on training for at least one year and during such period he shall sit with another judge of the district courts. 

(4)                    Appointment of a person as the member of the State   Judicial Service may be challenged before a High Court having Jurisdiction, within six months from his appointment. If High Court admits such application challenging appointment of a person as a member of State Judicial Service, till disposal of such application he shall not be assigned any independent judicial work. 

(5)                 The provision of limitation under Clause (3) shall not debar any challenge in respect of any appointment, if in subsequent events it discovered that during entire life time, any  false statement is made.

 

220.    Jurisdiction of the Court of the District Sessions and Civil Judge in respect of Criminal complaint against criminal misconduct of the public servants.

Every Court of District Sessions and Civil Judge shall admit a complaint after preliminary satisfaction, against the criminal misconduct of any public servant whether he is employee or not under the Central or State Government, if his criminal misconduct is not covered by original jurisdiction of the Supreme Court or any High Court and after admit, it should be forwarded to a appropriate subordinate court for further criminal proceedings.

 

221.   Jurisdiction of the all Courts within a District other than the District Sessions and Civil Court in respect of Civil and Criminal matters.

(1) For all civil litigation entire District of originating dispute shall be Original Jurisdiction for such dispute.

(2) Each Bench of the Sessions and Civil Court, in the District shall consist of at least three Judges.

(3) If any suit filed before any Court beyond the Jurisdiction, it should be transferred at the Court of appropriate jurisdiction. 

 

222. Control over subordinate courts.

Within Jurisdictional area of one High Court the control over any tribunal, district courts and courts subordinate thereto, including the posting, transfers and promotions of, and grant of leave to, persons belonging to the judicial services shall be vested in such High Court. Any person working as member of judicial services shall have right to appeal before the same High Court, which could not be heard by the Judges, whose impugned administrative order may be subject matter of appeal.

 

223. Salaries. etc., of Judges.

(1)                           The justified salaries, privileges allowances and pension for the Judges working as district judge as defined under Article 219 time to time, shall be determined by the respective High Court, on the basis of a method to be evolved by a committee, consisting of one Chief Justice of a High Court, one representative from Central Government, one representative each from first and second largest political party in the country, and one representative from the Bar.

(2)           The proceeding of such committee shall be transparent to public and every citizen shall have   right to represent before it.

(3)                 Changing in scale of salaries privileges allowances and pension cant be revised frequently, at least before five years from earlier change.

(4)           Method adopted under clause (1) shall not be reviewed at least by a gape of twenty years.

 

224. Interpretation.

With the expression district judge includes any judge, magistrate or otherwise appointed within one district performing a judicial duty. The Executive Magistrates performing administrative duty shall not includes within the expression district judge.

 

225.   Appointment of district registrar of court cases.

All civil litigations and criminal proceedings shall be registered with the district registrar of court cases, who shall be appointed from the judicial services, having competency of additional district judge and shall keep records of the court cases in the district, strictly in accordance with the law and civil procedure code, with the help of his sub-ordinates or staff, as may be required.

 

226.    Civil litigation.

Every citizen shall be entitled to sue or defend any person or authority holding any office at the district level, for his rights, titles, interests, claims and disputes, provided he shall come with all true facts, without hiding anything at the first instance and without adopting any delectory tactics.

 

227.      Criminal proceedings.

Every complainant shall have right to interfere through his counsel, in any court proceedings, relating to his complaint, and every accused shall have right to defend charges against him, provided he has recorded his own true statement within the time prescribed by law, relates to the matter in proceeding.  

 

228.      District penal of advocates. 

(1) Before practicing at any High Court, every advocate shall register his name at a district penal of advocates. The district registrar shall issue list of advocates in penal on the 1st day of every year, which will be not revised during the year.

 

229.   Appointment from advocates penal to act as court commissioner.

National Judicial Commission, after considering the recommendations made by the Law Commission of Bharat after inviting suggestions from the people, shall frame rules regarding appointment of advocates from district penal of advocates to act as court commissioner in civil court cases to record witnesses in a open and transparent manner, with record of entire proceedings to be recorded in presence of the both side parties, as per procedures to be laid down under Civil Procedure Code. Refusal to act as court commissioner or violation of any procedures laid down by civil procedure code, by any advocate from penal shall debarred him from further practice in any court in India.

 

230.     Advocates, as court officers at the district level.

Every advocate practice in any court in Bharat, shall behave and act as officer of the court, and adoption of any tactics, tantamount as illegal interference to effect the administration of justice, shall debarred him from further practice in any court in Bharat. A court shall decide a dispute regarding such illegal interference, where such illegal interference may occur and decision of such court shall be made applicable only after approval by superior court of such deciding court. Provided such approval not requires, if Supreme Court makes such decision.   

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