Part VII: The High Court
PART VII
THE HIGH COURT
93. (1) There shall be a High Court for the State, consisting of a Chief Justice and two or more other judges.
(2) The High Court exercising jurisdiction in relation to the State Immediately before the commencement of this Constitution shall be the High Court for the State.
94. The High Court shall be a court of record and shall have all the powers of such a courts including the power to punish for contempt of itself or of the courts subordinate to it.
95. Every Judge of the High Court shall be appointed by the President by Warrant under his hand and seal after consultation with the Chief Justice of India, the Sadar-i-Riyasat, and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court and shall hold office until he attains the age of sixty years.
96. A person shall not be qualified for appointment as a Judge of the High Court unless he is a citizen of India, and:
(a) has for at least ten years held a judicial office in the State or in any other part of India; or
(b) has for at least ten years been an advocate of the State High Court or of any other High Court in India or of two or more such courts in succession.
Explanation: - For the purposes of this Section in omputing the period during which a person has been an advocate of a High Court. there shall be included any period during which the person has held judicial office after he became an advocate.
97. Every person appointed to be a Judge of the High
Court, shall. before he enters upon his office, make an subscribe before the Sadar-i-Riyasat or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Fifth Schedule.
98. (1) There shall be paid to the Judges of the High
Court such salaries as are specified in the Fourth Schedule.
(a) Every Judge shall be entitled to such allowan-ces and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by the Legislature, and until so determined, to such allowances and rights as are specified in the Fourth Schedule:
Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his dis-advantage after his appointment:
99. (1) A Judge of the High Court may, by writing under his hand addressed to the President, resign his office.
(2) A Judge of the High Court shall not be removed from his office except by an order of the President passed after an address by each House of the Legislature supported by a majority of the total membership of that House and by a majority of not less than two- thirds of the members of that House present and voting has been presented to the president
in the same session for such removal on the
ground of proved misbehaviour or incapacity.
(3) The Legislature may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under sub-section (2).
100. (1) When the office of the Chief Justice is vacant or when the Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other
Judges of the Court as the President may appoint for the purpose.
(2) When any Judge of the High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of the Court until the permanent Judge has resumed his duties.
101. (1) The usual places of sitting of the High Court shall be Jammu and Srinagar.
(2) The Chief Justice shall, with the approval of the Sadar-i-Riyasat determine the number of Judges who shall sit from time to time at Jammu and at Srinagar for such period as may be deemed necessary.
(3) Whenever it appears to the Chief Justice that it is desirable that the High Courts should hold its sitting at a place other than Srinagar and Jummu, one or more Judges of the High Court as determined by him shall, with the previous approval of the Sadar-i-Riyasat, sit at such place.
102. Subject to the provisions of this Constitution and to the provisions of any law for the time being in force, the jurisdiction of and the law administered in the High Court and the respective powers of the Judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof, sitting alone or in Division Courts, shall be the same as immedia-tely before the commencement of this Constitution.
103. The High Court shall have power to issue to any person or authority, including in appropriate cases any Government within the State, directions, orders or writs. including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them. for any purpose other than those mentioned in clause (2A) of article 32 of the Constitution of India.
104. (1) The High Court shall have superintendence and control over all courts for the time being subject to its appellate or revisional jusrisdic-tion and all such courts shall be subordinate to the High Court.
(I) Without prejudice to the generality of the foregoing provision, the High court may:
(a) call for returns from such courts,
(b) make and issue general rules and prescribe forms for regulating the practice and pro-ceedings of such courts; and
(c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any such court.
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advo-cates and pleaders practicing therein:
Provided that any rules made, forms prescrib-ed or tables settled under sub-section (2) or sub-section(3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Sadar-i-Riyasat.
105. 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 this Constitution or the Constitution of India the deter-mination 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.
106. No person who had held office as a Judge of the
High Court after the commencement of this Con-stitution shall plead or act in any court or before any authority within the State.
107. (1) The High Court shall have and use as occa-sion may require a seal bearing a device and impression of the State emblem with an exergue or label surrounding the same with the inscription:
"The seal of the High Court of Jammu and Kashmir''
(2) The seal shall be delivered to. and kept in the custody of, the Registrar or such other officer of the court as the Chief Justice may designate in this behalf.
108. (1) Appointments of officers and servants of the High Court shall be made by the Chief Justice of the court or such other judge or officer of the court as he may direct:
Provided that the Sadar-i-Riyasat may by rule require that in such cases as may be specified in the rule no person not already attached to the court shall be appointed to any office connected with the court save after consulta-tion with the State Public Service Commis-sion.
(I) Subject to the provisions of any law made by the Legislature, the conditions of service of the officers and servants of the High Court shall be such as may be prescribed by rules made by the High Court with the approval of the Sadar-i-Riyasat.
(3) The administrative expenses of the High Court including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court' shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.
SUBORDINATE COURTS
109. (1) Appointment of persons to be, and the postings: and promotion off district judges in the State shall be made by the Sadar-i-Riyasat in con-sultation with the High Court.
(2) A person not already in the service of the : State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or pleader and is recommended by the High Court for appointment.
110. Appointment of persons other than district judges to the judicial service of the State shall be made by the Sadar-i-Riyasat in accordance with rules made by him in that behalf after consulation with the Public Service Commission and with the High Court.
111. The control over district courts and courts sub-ordinate thereto including the posting and promo-tion of, and the grant of leave to, persons belong-ing to the judicial service of the State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this section shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.
112. In this part...
(a) the expression "district judge'' includes additional district judge, assistant district judge, sessions judge, additional sessions judge and assistant sessions judge:
(b) the expression "judical service" means a service consisting exclusively of persons inten-ded to fill the post of district judge, and other civil judicial posts inferior to the post of dis-trict judge.
113. The Sadar-i-Riyasat may be public notification direct that the foregoing provisions of this part and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magis-trates in the State as they apply in relation to any persons appointed to the judicial service of the State Subject to such exceptions and modifications as may be specified in the notification.
