Telangana, Andhra Pradesh to get separate High Courts

Context:

  • Recently President 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.
  • The judges have also been allocated for the High Courts of Andhra Pradesh and Telangana.
  • The translocation of judges also takes from Andhra Pradesh to Telangana.

Background:

  • There shall be a High Court in each State (Art- 214) but Parliament has the power to establish a common High Court for two or more States.
  • The High Court stands at the head of the Judiciary in the State.
  • Important Articles: 
    Appointment (Art- 217), 
    The transfer from one High Court to another (Art- 222),
    Removal (Art-217(1)),
    Determination of dispute as to age (Art. 217(3)) of Judges of High Courts etc.
  • Now the power to transfer of the High Court Judges remains no more a method of control over the High Court by the Union Government as the Supreme Court has prescribed a procedure for the purpose in a Reference made by the President of India in the exercise of his powers under Art. 143.
  • The Supreme Court opined that the Chief Justice of India should obtain the views of the Chief justice of the High Court from which the proposed transfer is to be effected as also that of the Chief Justice of the High Court to which the transfer is to be effected.
  • The high courts are the principal civil courts of original jurisdiction in each state and union territory.
  • However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction.
  • High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or federal law.

Source:TH