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{{Short description|Act of the Parliament of the United Kingdom}} | |||
{{Use dmy dates|date=November 2018}} | {{Use dmy dates|date=November 2018}} | ||
{{Use British English|date=November 2018}} | {{Use British English|date=November 2018}} | ||
{{ | {{more citations needed|date=February 2015}} | ||
{{Infobox UK legislation | |||
| short_title = Indian High Courts Act 1861{{efn|name=st|reference=The citation of this act by this [[short title]] was authorised by section 1 of, and the first schedule to, the [[Short Titles Act 1896]]. Due to the repeal of those provisions it is now authorised by section 19(2) of the [[Interpretation Act 1978]].}} | |||
| type = Act | |||
| parliament = Parliament of the United Kingdom | |||
| long_title = An Act for establishing High Courts of Judicature in India. | |||
| year = 1861 | |||
| citation = [[24 & 25 Vict.]] c. 104 | |||
| introduced_commons = | |||
| introduced_lords = | |||
| territorial_extent = {{ubli|[[United Kingdom]]|[[British India]]}} | |||
| royal_assent = 6 August 1861 | |||
| commencement = 6 August 1861{{efn|The [[Acts of Parliament (Commencement) Act 1793]].}} | |||
| repeal_date = 1 January 1916 | |||
| amends = | |||
| replaces = | |||
| amendments = [[Statute Law Revision Act 1878]] | |||
| repealing_legislation = [[Government of India Act 1915]] | |||
| related_legislation = {{ubli|[[Indian Civil Service Act 1861]]|[[Indian Councils Act 1861]]}} | |||
| status = Repealed | |||
| original_text = https://www.legislation.gov.uk/ukpga/Vict/24-25/104/enacted | |||
}} | |||
''' | The '''Indian High Courts Act 1861'''{{efn|name=st}}<ref>{{Cite news|url=http://www.gktoday.in/indian-high-courts-act-1861/|title=Indian High Courts Act 1861|date=2011-10-17|work=GKToday|access-date=2017-03-20|language=en-US}}</ref> ([[24 & 25 Vict.]] c. 104) was an [[Act of Parliament (United Kingdom)|act]] of the [[Parliament of the United Kingdom]] to authorize the Crown to create High Courts in the Indian colony.<ref>{{cite book|title=Criminal Justice India Series: Punjab, 2002|url=https://books.google.com/books?id=K7NLxvbWDXYC&pg=PA233|year=2002|publisher=Allied Publishers|isbn=978-81-7764-490-6|page=233}}</ref> 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 [[Indian Rebellion of 1857|First War of Independence of 1857]] and consolidated the parallel legal systems of the Crown and the [[East India Company]]. | ||
The act was passed alongside the [[Indian Civil Service Act 1861]] ([[24 & 25 Vict.]] c. 54) and the [[Indian Councils Act 1861]] ([[24 & 25 Vict.]] c. 67).<ref>{{Cite book | last = Ilbert | first = Courtenay | author-link = Courtenay Ilbert | url=https://books.google.com/books?id=IfYaAAAAYAAJ&pg=PA106 |title=The Government of India: Being a Digest of the Statute Law Relating Thereto |date=1898 |publisher=Clarendon Press |language=en}}</ref>{{rp|102–107}} | |||
The | |||
== | ==Abolishing existing courts== | ||
Section 8 of the act abolished the [[Supreme Court of Judicature at Fort William|Supreme Courts]] at [[Supreme Court of Judicature at Fort William|Calcutta]], [[Supreme Court of Judicature at Madras|Madras]], and [[Supreme Court of Judicature at Bombay|Bombay]]; the [[Sadr Diwani Adalat|Sadar Diwani Adalat]] and the [[Sadr Faujdari Adalat|Sadar Faujdari Adalat]] at Calcutta; Sadar Diwani Adalat and Sadar Faujdari Adalat at Madras; and the Sadar Diwani Adalat and Sadar Faujdari Adalat at Bombay. By the act three high courts were established:1862, at Calcutta on 1 July 1862, and at Bombay on 14 August 1862 and madras high court at 15 August 1862. | |||
==Qualifications of High Court judges== | |||
Each High Court could consist of a chief justice and up to 15 judges. Under section 3 of the act, judges could be selected from barristers (with five years of experience), civil servants (with ten years of experience including three years as a [[wikt:zillah|zillah]] judge), judges of small cause courts or [[wikt:sudder_ameen|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 the Indian states of 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. | 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. | 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 | === Qualifications for the judges === | ||
(a) He should be a citizen of India. | (a) He should be a citizen of India. | ||
(b) He should have been (I) a judge for 10 years of | (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. | 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 | 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: | Salary: | ||
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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. | 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 | Powers and functions | ||
=== Original jurisdiction === | |||
The original jurisdiction of the High Court is restricted. | The original jurisdiction of the High Court is restricted. | ||
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(d) The High Courts of Mumbai, Kolkata and Chennai exercise original civil jurisdiction when the amount involved is more than two thousand rupees. | (d) The High Courts of Mumbai, Kolkata and Chennai exercise original civil jurisdiction when the amount involved is more than two thousand rupees. | ||
Appellate | === Appellate jurisdiction === | ||
The appellate jurisdiction of the High Courts extends so: | The appellate jurisdiction of the High Courts extends so: | ||
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(e) The High Court hears the cases on income tax, sales tax etc. | (e) The High Court hears the cases on income tax, sales tax etc. | ||
Power of | === 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. | |||
The | === 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 section 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. The retirement age for judges was set at 62 years. | |||
==Jurisdiction== | |||
Under section 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. | |||
== | == Repeal == | ||
The whole act was repealed by section 130 of, and the fourth schedule to, the [[Government of India Act 1915]] ([[5 & 6 Geo. 5]]. c. 61). | |||
== | ==Notes== | ||
{{Notelist}} | |||
==References== | ==References== | ||
{{ | {{Reflist}} | ||
{{ | {{UK legislation}} | ||
{{Authority control}} | |||
[[Category:United Kingdom Acts of Parliament 1861]] | |||
[[Category:Acts of the Parliament of the United Kingdom concerning India]] | [[Category:Acts of the Parliament of the United Kingdom concerning India]] | ||
[[Category:United Kingdom Acts of Parliament | [[Category:Repealed United Kingdom Acts of Parliament]] | ||
Latest revision as of 05:03, 17 December 2025
 | This article needs additional citations for verification. (February 2015) |
| Act of Parliament | |
| File:Coat of Arms of the United Kingdom (1837-1952).svg | |
| Long title | An Act for establishing High Courts of Judicature in India. |
|---|---|
| Citation | 24 & 25 Vict. c. 104 |
| Territorial extent | |
| Dates | |
| Royal assent | 6 August 1861 |
| Commencement | 6 August 1861[lower-alpha 2] |
| Repealed | 1 January 1916 |
| Other legislation | |
| Amended by | Statute Law Revision Act 1878 |
| Repealed by | Government of India Act 1915 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
.svg){kind=link}
The Indian High Courts Act 1861[lower-alpha 1][1] (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.[2] 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.
The act was passed alongside the Indian Civil Service Act 1861 (24 & 25 Vict. c. 54) and the Indian Councils Act 1861 (24 & 25 Vict. c. 67).[3]:102–107
Abolishing existing courts[edit | edit source]
Section 8 of 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; and the Sadar Diwani Adalat and Sadar Faujdari Adalat at Bombay. By the act three high courts were established:1862, at Calcutta on 1 July 1862, and at Bombay on 14 August 1862 and madras high court at 15 August 1862.
Qualifications of High Court judges[edit | edit source]
Each High Court could consist of a chief justice and up to 15 judges. Under section 3 of the act, judges could be selected from barristers (with five years of experience), civil servants (with ten years 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 the Indian states of Assam, Arunachal Pradesh, Mizoram and Nagaland.
Composition[edit | edit source]
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[edit | edit source]
(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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
Under section 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. The retirement age for judges was set at 62 years.
Jurisdiction[edit | edit source]
Under section 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.
Repeal[edit | edit source]
The whole act was repealed by section 130 of, and the fourth schedule to, the Government of India Act 1915 (5 & 6 Geo. 5. c. 61).
Notes[edit | edit source]
- ↑ 1.0 1.1 The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
- ↑ The Acts of Parliament (Commencement) Act 1793.
References[edit | edit source]
- ↑ "Indian High Courts Act 1861". GKToday. 17 October 2011. Retrieved 20 March 2017.
- ↑ Criminal Justice India Series: Punjab, 2002. Allied Publishers. 2002. p. 233. ISBN 978-81-7764-490-6.
- ↑ Ilbert, Courtenay (1898). The Government of India: Being a Digest of the Statute Law Relating Thereto. Clarendon Press.