Indian High Courts Act 1861

Last updated

Indian High Courts Act 1861 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act for establishing High Courts of Judicature in India.
Citation 24 & 25 Vict. c. 104
Dates
Royal assent 6 August 1861
Text of statute as originally enacted

The Indian High Courts Act 1861 [1] [2] (24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony. [3] Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857 and consolidated the parallel legal systems of the Crown and the East India Company.

Contents

Abolishing existing courts

The Act abolished the Supreme Courts at Calcutta, Madras, and Bombay; the Sadar Diwani Adalat and the Sadar Faujdari Adalat at Calcutta; Sadar Diwani Adalat and Sadar Faujdari Adalat at Madras; Sadar Diwani Adalat and Faujdari Adalat at Bombay (§8).

Qualifications of High Court judges

Each High Court could consist of a chief justice and up to 15 judges. Under §3 of the Act, judges could be selected from barristers (with five years of experience), civil servants (with tenyears of experience including three years as a zillah judge), judges of small cause courts or sudder ameen (with five years of experience), or pleaders of lander courts or High Courts (with five years of experience).

The High Court of a state is the highest court of the state and all other courts of the state work under it. Normally there is one High Court in every state but there can be one High Court shared between two or more states as well, according to the constitution. There is one High Court at Chandigarh for Punjab, Haryana and Union Territory of Chandigarh. Similarly there is one High Court at Guwahati which serves Assam, Arunachal Pradesh, Mizoram and Nagaland.

Composition

In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India.

Appointment of the Judges: The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. The other judges are appointed by the will of President, Governor and the Chief Justice of High Court.

Qualifications for the judges

(a) He should be a citizen of India.

(b) He should have been (I) a judge for 10 years of subordinate court under the judicial service of the state or (ii) an advocate for 10 years in a High Court in India (Article 217).

Tenure: Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution.

Removal of judges: A judge may leave his office by resigning. He will send his letter of resignation to the President. His office would be considered to have been vacated if he is appointed as a judge of the Supreme Court or is transferred to some other High Court. A judge of a High Court may also be removed like a judge of the Supreme Court. A judge of High Court may be removed by the President if the Parliament passes a motion against him by an absolute majority and 2/3rd majority of the members present and voting, both the Houses sitting separately.

Salary:

The pay of the Chief Justice of a High Court is rupees 250,000/- per month and that of the other judges is rupees 225,000/- per month.

Powers and functions

Original jurisdiction

The original jurisdiction of the High Court is restricted.

(a) Every High Court under Article 226 is empowered to issue writs, orders, directions including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari or any of them to any person or authority with in its territory for the enforcement of the Fundamental Rights and for any other purpose.

(b) The original jurisdiction of High Court extends to matters of admiralty, matrimonial, contempt of court and cases ordered to be transferred to High Court by lower court.

(c) The High Courts of Mumbai, Kolkata and Chennai have original jurisdiction on hearing straightway cases involving the Christians and Parsies.

(d) The High Courts of Mumbai, Kolkata and Chennai exercise original civil jurisdiction when the amount involved is more than two thousand rupees.

Appellate jurisdiction

The appellate jurisdiction of the High Courts extends so:

(a) The High Court can hear appeals in civil cases if the amount involved in the case is at least Rs. 5000.

(b) The High Court in criminal cases hears the appeal in which the accused has been sentenced to four years imprisonment by the Sessions Judge. v

(c) The death sentence awarded by Sessions Judge is subject to approval by the High Court.

(d) The High Court hear the cases involving interpretation of the Constitution or Law.

(e) The High Court hears the cases on income tax, sales tax etc.

Power of judicial review

The state High Courts like the Supreme Court has the power of judicial review. A High Court has the power to strike down any law of the State or any order of the executive if it violates any provision of the constitution or curtails or takes any of the Fundamental Rights of the people.

Administrative and supervisory power

The State High Court performs many administrative functions within its Territorial Jurisdiction. It exercises the power of superintendence and control over all courts and tribunals throughout the territory except the military tribunals.

Judicial tenure and seniority

Under §5 of the Act, judges served at the pleasure of Her Majesty. The chief justice had precedence over judges, whereas judges had seniority based on appointment.62 years retirement age

Jurisdiction

Under article 9 of the Act, each High Court had "all such powers and authority for and in relation to the administration of justice" including original and appellate jurisdiction over civil, criminal, admiralty, vice-admiralty, testamentary, intestate, and matrimonial matters.

Related Research Articles

<span class="mw-page-title-main">Company rule in India</span> Rule of the British East India Company on the Indian subcontinent (1757–1858)

Company rule in India was the rule of the British East India Company on the Indian subcontinent. This is variously taken to have commenced in 1757, after the Battle of Plassey, when the Nawab of Bengal Siraj ud-Daulah was defeated and replaced with Mir Jafar, who had the support of the East India Company; or in 1765, when the Company was granted the diwani, or the right to collect revenue, in Bengal and Bihar; or in 1773, when the Company abolished local rule (Nizamat) in Bengal and established a capital in Calcutta, appointed its first Governor-General, Warren Hastings, and became directly involved in governance. The Company ruled until 1858, when, after the Indian Rebellion of 1857 and the Government of India Act 1858, the India Office of the British government assumed the task of directly administering India in the new British Raj.

<span class="mw-page-title-main">Bombay High Court</span> Common High court of the Indian states of Maharashtra and Goa

The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai, and is one of the oldest high courts in India. The High Court has circuit benches at Nagpur and Aurangabad in Maharashtra and Panaji, the capital of Goa.

The High Court of Delhi was established on 31 October 1966, through the Delhi High Court Act, 1966, with four judges, Chief Justice K.S. Hegde, Justice I. D. Dua, Justice H.R. Khanna and Justice S.K. Kapur. The High Court of Delhi is the Highest Court performing Judicial Functions in the NCT of Delhi at the State level. Below it are the Subordinate Courts, functioning for 9 Judicial Districts namely (1) Central (2) New Delhi (3) South (4) South-West (5) North (6) North-West (7) West (8) North-East (9) East. The High Court of Delhi is the highest judicial organ in a State. It gets its powers from Chapter V in Part VI of the Constitution of India.

The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially by the constitution, a state law or union law.

<span class="mw-page-title-main">Kerala High Court</span> High Court in Kerala, India

The High Court of Kerala is the highest court in the Indian state of Kerala and the Union territory of Lakshadweep. It is located in Kochi. Drawing its powers under Article 226 of the Constitution of India, the High Court has the power to issue directions, orders and writs including the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari for ensuring the enforcement of the Fundamental Rights guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original, appellate and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some statutes. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.

The Ṣadr Dīwānī ʿAdālat was the Supreme Court of Revenue in British India established at Calcutta by Warren Hastings in 1772. It was reformed in 1780 and again in 1793 by the British Parliament. The court's judges were the Governor General and Council Members of the East India Company, assisted by native judges and officers of revenue.

Ṣadr Faujdari ʿAdālat were courts of criminal justice in Mughal and British India. The Faujdari criminal courts are considered the beginning of Hindu and Muslim "personal law" separated from the jurisdiction of civil law in colonial India – a juridical norm preserved as a key principle of democratic secularism in postcolonial India.

The High Court in Sri Lanka is the only court which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction.

<span class="mw-page-title-main">Madras High Court</span> High court in the Indian state of Tamil Nadu

The Madras High Court is a High Court in India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry. It is located in Chennai, and is the third oldest high court of India after the Calcutta High Court in Kolkata and Bombay High Court in Mumbai. The Madras High Court is one of four charter high courts of colonial India established in the four Presidency Towns of Madras, Bombay, Allahabad and Calcutta by letters patent granted by Queen Victoria, dated 26 June 1862. It exercises original jurisdiction over the city of Chennai, as well as extraordinary original jurisdiction, civil and criminal, under the letters patent and special original jurisdiction for the issue of writs under the Constitution of India. Covering 107 acres, the court complex is one of the largest in the world, second only to the Supreme Court of the United Kingdom. The four-storey administrative building attracts hundreds of litigants every day.

Andhra Pradesh Lok Adalat or Andhra Pradesh State Legal Services Authority is an alternative dispute resolution mechanism used in the state of Andhra Pradesh. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Goa Lok Adalat or Goa State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Goa.The Goa Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Uttar Pradesh Lok Adalat or Uttar Pradesh State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttar Pradesh.The Uttar Pradesh Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Assam Lok Adalat or Assam State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Assam. The Assam Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of "ACCESS TO JUSTICE FOR ALL". It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Uttarakhand Lok Adalat or Uttarakhand State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttarakhand. The Uttarakhand Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “access to justice for all”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Meghalaya Lok Adalat or Meghalaya State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Meghalaya. The Nagaland Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Sikkim Lok Adalat or Sikkim State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Sikkim. The Sikkim Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Tamil Nadu Lok Adalat or Tamil Nadu State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Tamil Nadu. The Tamil Nadu Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognized as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Odisha Lok Adalat or Odisha State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Odisha. The Odisha Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

References

  1. 1 2 The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.  Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. "Indian High Courts Act 1861". GKToday. 17 October 2011. Retrieved 20 March 2017.
  3. Criminal Justice India Series: Punjab, 2002. Allied Publishers. 2002. p. 233. ISBN   978-81-7764-490-6.