The establishment of High Court benches in India is governed by various constitutional and legal frameworks. Article 214 of the Constitution mandates that each state must have a High Court to ensure judicial accessibility and efficiency. Additionally, Section 51(2) of the States Reorganisation Act, 1956, empowers the President of India to set up additional High Court benches after necessary consultations.
Proposals for new High Court benches can originate from either the state government or the legislative assembly. For instance, the Andhra Pradesh Legislative Assembly has recently passed a resolution advocating for the establishment of a High Court bench in Kurnool. This proposal has been forwarded to the central government for approval.
Once a proposal is received, the central government evaluates it in consultation with key stakeholders, including:
After thorough consultations, the President of India is responsible for making the final decision regarding the establishment of the proposed bench. The formal notification is then issued to confirm the establishment.
Several factors are taken into account when deciding on the location of a new High Court bench, including:
In 1981, the Jaswant Singh Commission provided guidelines for assessing requests for new High Court benches. These guidelines emphasize:
Permanent benches are established for ongoing judicial functions in a specific location, while circuit benches operate temporarily, serving regions that do not have regular access to a High Court. Understanding these distinctions is crucial for grasping the judicial framework of India.
Q1. What is Article 214 of the Indian Constitution?
Answer: Article 214 mandates that every state in India must have a High Court to ensure judicial authority and accessibility for its citizens.
Q2. Who can propose a new High Court bench?
Answer: Proposals for new High Court benches can be initiated by the state government or the legislative assembly, as seen in recent resolutions from various states.
Q3. What factors are considered when establishing a High Court bench?
Answer: Key factors include the distance from the main seat, the volume of cases, and the infrastructure available for judicial operations and litigants.
Q4. What are the guidelines set by the Jaswant Singh Commission?
Answer: The Jaswant Singh Commission recommended evaluating requests based on regional caseload and the feasibility of efficient judicial functioning.
Q5. What is the difference between permanent and circuit benches?
Answer: Permanent benches are established for ongoing judicial operations, while circuit benches serve temporarily to provide access to justice in remote areas.
Question 1: What article in the Constitution mandates the existence of High Courts in states?
A) Article 12
B) Article 214
C) Article 32
D) Article 226
Correct Answer: B
Question 2: Which act empowers the President to establish additional High Court benches?
A) States Reorganisation Act, 1956
B) Indian Penal Code, 1860
C) Constitution of India
D) Judiciary Act, 1975
Correct Answer: A
Question 3: Who evaluates the proposal for a new High Court bench?
A) Prime Minister
B) Governor of the State
C) Chief Justice of India
D) Minister of Law
Correct Answer: B
Question 4: What is one of the key factors considered in bench establishment?
A) Political influence
B) Infrastructure availability
C) Public opinion
D) Historical significance
Correct Answer: B
Question 5: What year did the Jaswant Singh Commission provide its guidelines?
A) 1971
B) 1981
C) 1991
D) 2001
Correct Answer: B
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