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Appointment, Tenure, Functions and Jurisdiction of High Court of India:

Constitution of High Court
There shall be a High Court for each State. Every High Court consists of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
Appointment of Judges
Every Judge of a High Court is appointed by the President of India after consultation with the Chief Justice of India and the Governor of the concerning State. In the case of appointment of Judge other than the Chief Justice, the Chief Justice of that High Court is also consulted.

Tenure and Removal
A Judge of a High Court may cease to be so on the happening of any one of the following contingencies-
(1) On attaining the age of 62 years;
(2)On resigning his office by writing under his hand addressed to the President;
(3) On being appointed a Judge of the Supreme Court or being transferred to any other High Court;
(4) On being removed from his office by an order of the President on an address by each House of Parliament by a majority of not less than two-thirds of the members of the House present and voting and has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
Functions and Jurisdiction of the High Court
The High Court is the highest judicial authority in a State. It is a Court of record and has power to punish for its contempt by itself. It has the following jurisdiction and powers-

(1) Power to issue certain writs - Every High Court has the power to issue writs of habeus corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of Fundamental Rights or for other purpose.

(2) Power of Superintendence - Every High Court has superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction.

(3) Power to transer case - If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of the Constitution, the determination of which is necessary for the disposal of the case, it shall withdraw the case and may-
(a) either dispose of the case itself; or
(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgement on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgement.

(4) Consultation in the appointment and posting etc. of District Judges - The High Court is consulted by the Governor in the appointment, posting and promotion of District Judges. It is also consulted in the appointment of other members of the State Judicial Service.

(5) Control over subordinate courts - The control over district court and courts subordinate thereto including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge is vested in the High Court.

(6) Other original and appellate powers - Hight Court has original and appellate jurisdiction in civil and criminal matters as conferred by the Codes of Civil and Criminal Procedure and the Letters of Patent.


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