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New High Court
Why is it in news?
- President Ramnath Kovind issued orders constituting a separate High Court for Andhra Pradesh with effect from January 1, 2019.
- The High Court of Judicature at Hyderabad will now become the High Court for Telangana.
- As per the Presidential orders judges have also been allocated for the High Courts of Andhra
- The Andhra Pradesh HC will have Justices Ramesh Ranganathan (presently the Chief Justice of the Uttarakhand High Court).
Procedure for creation of high court
- High Court can be formed as per the procedure prescribed in:
- Article 214
- Article 216
- Article 217 of the Constitution of India.
- Article214:
- Provides that every State shall have a High Court, however, Article 231 states that Article 214 shall not be a bar for constituting a common high court for two or more States.
- Although, only Parliament may by law establish a Common High Court for two or more States.
- This means that, unless Parliament by law establishes a Common High Court for two or more States, every State has to have a High Court, i.e., upon formation of a new State a new High Court is also formed. For example, High Court of Jharkhand, Bilaspur High Court in Chhattisgarh, and Nainital High Court in Uttarakhand.
- Article 216
- Provides that every High Court shall consist of a Chief Justice and such other number of judges as the President may from time to time deem necessary to appoint.
- Article 217
- It relates to appointment of HC judges.
- Every judge of an HC is appointed on the recommendation of a SC Collegium by the President.
- Although the provisions says that after consultation with CJI, Governor of that State, and the CJ of that HC, but SC rulings have made recommendation of SC Collegium consisting of CJI and 4 seniormost SC judges mandatory in terms of judicial appointments in higher judiciary.
Source
The Hindu