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Important Institutions

Gujarat High Court

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 16-Aug-2024

Introduction

  • The Gujarat High Court was established on 1st May 1960, due to the bifurcation of states as Bombay and Gujarat. 
  • Hon’ble Mr. Justice Sunderlal Trikamlal Desai was the first Chief Justice of the Gujarat High Court. 
  • It stands as a symbol of justice in the heart of the country.  
  • It is diligently involved in shaping the legal landscape of India and upholding the rule of law. 
  • The High Court gets its powers from Chapter V in Part VI of the Constitution of India, 1950. 

Appointment of Judges 

  • The President appoints Chief Justice of the Gujarat High Court, in consultation with the Chief Justice of India (CJI).  
    • The CJI is required to consult with two senior-most judges of the Supreme Court. 
  • The President appoints Judges to the Gujarat High Court (excluding the Chief Justice) through a formal process by warrant under his hand and seal.  
    • This involves consulting with the Chief Justice of India and following the recommendation of the Chief Justice of the Gujarat High Court.  
  • Additionally, the Chief Justice of India is obligated to seek input from the two most senior judges in the Supreme Court, while the Chief Justice of the Gujarat High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment. 

Jurisdiction  

Original Jurisdiction:

  • The High Court can exercise its original jurisdiction under the Gujarat High Court Rules, 1993. 
  • The Gujarat High Court can be the court of first instance for hearing the cases under its original jurisdiction. 
  • The writ jurisdiction under Article 226 of the Constitution of India, 1950 over Fundamental Rights and for any other purpose are a part of the original jurisdiction of the High Court. 
  • The Single Judge Bench or Division Bench can hear the cases under Article 226 of the Constitution of India, 1950. 

Appellate Jurisdiction 

  • The High Court can rehear the appeals preferred against the decisions of subordinate courts. 
  • It has both civil and criminal appellate jurisdiction. 
  • It can overrule or uphold the judgment passed by subordinate courts falling under its jurisdiction. 

Supervisory Jurisdiction 

  • Under Article 227 of the Constitution of India, 1950 the High Court has superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction. 
    • It is an overriding jurisdiction which can also be exercised upon final judgments of the subordinate courts and tribunals. 
  • The High Court cannot exercise this jurisdiction over the tribunal concerning armed forces.  

Pecuniary Jurisdiction 

  • Pecuniary jurisdiction refers to the authority or limit of a court to hear cases based on the specific monetary value or financial amount involved in the subject-matter of dispute. 
  • The Gujarat High Court has no jurisdiction over suits having dispute above 1 Crore.