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Important Institutions
High Court of Allahabad
« »03-Oct-2023
Introduction
- The Allahabad High Court, situated in the historical city of Allahabad (now known as Prayagraj), is a judicial institution that resonates with the rich heritage and legal history of India.
- Its grand and architecturally impressive building, a blend of Indo-European architectural styles, stands as a symbol of justice and legal authority.
- It has jurisdiction over several branches of law and is the hub of several landmark decisions.
- The Allahabad High Court handles a large number of cases, and consequently faces backlog of pending cases – a common challenge faced by many high courts in India.
- Allahabad High Court includes both physical and virtual courts along with e-filing and live streaming of cases.
Historical Significance of Allahabad High Court
- The Allahabad High Court was established on 17th March 1866, by the Indian High Courts Act, 1861.
- It was one of the three high courts established by this act, the others being in Calcutta (now Kolkata) and Bombay (now Mumbai).
- The seat of the High Court for the North-Western Provinces was shifted from Agra to Allahabad in 1869.
- It officially became 'the High Court of Judicature at Allahabad' by a supplementary Letters Patent issued on 11th March 1919.
Benches of Allahabad High Court
- The Allahabad High Court is organized into two principal benches, one at Prayagraj and the other at Lucknow.
- The principal bench in is the historic seat of the high court and houses the grand, iconic building that stands as a symbol of justice.
- The Lucknow bench was established in 1948 to address the increasing workload of cases and to provide easier access to justice for the people of the region.
- The jurisdiction of the Allahabad High Court extends over the entire state of Uttar Pradesh.
- Until 2000, the Allahabad High Court also had jurisdiction over the state of Uttarakhand, which later got its separate high court, known as the Uttarakhand High Court.
- So, the jurisdiction of the Allahabad High Court over Uttarakhand ended with the establishment of the Uttarakhand High Court.
- There are 75 district and outlying courts under supervision of Allahabad High Court.
Organization of Allahabad High Court
- The original strength of Allahabad High Court was the Chief Justice and five more judges.
- The first Chief Justice of the Allahabad High Court was Sir Walter Morgan.
- The current composition of Allahabad High Court is 160 permanent judges, including the Chief Justice and 40 additional judges.
Appointment of Judges
- The President appoints Chief Justice of the Allahabad 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 the other Judges to the Allahabad High Court (excluding the Chief Justice) by warrant under his hand and seal.
- The procedure involves consulting with the Chief Justice of India (CJI) and following the recommendation of the Chief Justice of the Allahabad High Court.
- Additionally, there is an obligation upon CJI to seek input from the two most senior judges in the Supreme Court, while the Chief Justice of the Allahabad High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment.
Jurisdiction
- Original & Writ Jurisdiction:
- In its original jurisdiction, it deals with matters involving significant public interest, constitutional issues, and matters of importance.
- The High Court also has the authority to issue writs under Article 226 of the Constitution of India, 1950, which empowers it to protect fundamental rights and issue orders or directions to any person or authority within its jurisdiction.
- Appellate Jurisdiction:
- The High Court also functions as an appellate court, hearing appeals from lower courts within its territorial jurisdiction.
- This includes appeals from subordinate civil and criminal courts.
- Civil Jurisdiction:
- The Allahabad High Court handles civil cases, including but not limited to property disputes, contract disputes, family matters, writ petitions, and public interest litigations (PILs).
- Criminal Jurisdiction:
- The High Court has jurisdiction over criminal cases, including appeals against convictions and sentences from lower criminal courts.
- It may also deal with matters related to bail, anticipatory bail, and other criminal proceedings.
- Supervisory Jurisdiction:
- The High Court exercises supervisory jurisdiction over lower courts within its territorial jurisdiction.
- It can issue orders and directions to ensure that the lower courts function within the bounds of law.
- Taxation Jurisdiction:
- The Allahabad High Court may also have jurisdiction in taxation matters, including cases related to income tax, sales tax, and other tax disputes.
Officers in Allahabad High Court
- Bench Secretaries
- Personal Assistants to Judges
- Registrar cum Private Secretaries
- Section Officers
- Assistant Registrars
- Deputy Registrars
- Joint Registrars
- Officer on Special Duty (OSD)
- Registrar
- Registrar General
- Special Vigilance Officer
Reporting of Cases in Allahabad High Court
- Allahabad Criminal Cases
- Allahabad Civil Journal
- Allahabad Daily Judgements
- Allahabad Law Journal
- Allahabad Rent Cases
- Allahabad Weekly Cases
- Judicial Interpretation on Crimes (JIC)
- Lucknow Civil Decisions (LCD)
- Revenue Decisions
- U.P. Local Bodies and Education Cases