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Important Institutions

High Court of Kerala

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 10-Jan-2024

Introduction

  • The Kerala High Court, situated in Kochi, is one of the most prominent and respected judicial institutions in India.
  • It was established on 1st November 1956, the same day Kerala was formed.
  • It is known for its commitment to justice, efficiency, and upholding the rule of law, the Kerala High Court stands as a beacon of judicial excellence in the southern part of India.
  • The Kerala High Court holds a position of authority in overseeing the judicial affairs of both the State of Kerala and the Union Territory of Lakshadweep.

What is the History of Kerala High Court?

  • Merger of High Courts:
    • The roots of the Kerala High Court can be traced back to the Travancore High Court and the Cochin High Court, which were the two princely state High Courts that existed before the formation of the state of Kerala.
    • After the integration of these states into the Indian Union, the High Court of Kerala was established, unifying the judicial administration of the region.
  • First Sitting and Inauguration:
    • It was inaugurated on 5th November 1956.
    • The Kerala High Court first had its sitting in Ernakulam.
  • Important Personalities:
    • Justice Anna Chandy, the first woman High Court Judge in India, and Justice M. Fathima Beevi, the first woman Judge of the Supreme Court of India have relevance with the Kerala High Court.

What are the Benches of Kerala High Court?

  • The Kerala High Court holds jurisdiction over the state of Kerala and the Union Territory of Lakshadweep.
  • Its principal seat is located in Kochi, but it also has benches in Thiruvananthapuram and Ernakulam.
  • These benches were established to facilitate easier access to justice for the people of different regions of Kerala.

What is the Constitution of the Kerala High Court?

What is the Composition of Kerala High Court?

  • Present Composition:
    • Comprising a Chief Justice and appointed Judges, the current sanctioned strength is 35 Permanent Judges, including the Chief Justice, and 12 Additional Judges.
  • Chief Justice:
    • Justice K. T. Koshi was appointed as the first Chief Justice of the Kerala High Court.
    • The current Chief Justice of Kerala High Court is Justice Ashish Jitendra Desai.
  • Appointment of Procedure:
    • Appointment of the Chief Justice involves consultation with the President, the Chief Justice of India, and the Governor of Kerala.
    • For other Judges, the Chief Justice of the High Court is also consulted.
  • Eligibility and Tenure:
    • Permanent Judges serve until the age of 62, while Additional Judges hold office for a maximum of two years and must retire by the age of 62.
    • To qualify as a Judge, one must be an Indian citizen with ten years of judicial office experience in India or a similar period of consecutive advocacy in one or more High Courts.
  • Registrar:
    • The Registrar General heads the High Court's Registry, assisted by various registrars in their roles.

What are the Jurisdictions and Language of Kerala High Court?

  • Jurisdiction:
    • The High Court of Kerala has jurisdiction to issue directions, orders, and writs for Fundamental Rights enforcement and other purposes.
    • The High Court exercises superintendence over all courts in its jurisdiction, regulating their practices and proceedings.
    • Governed by the Kerala High Court Act, 1958, and Rules of the High Court of Kerala, 1971, it has Original, Appellate, and Revisional jurisdiction in civil and criminal matters.
  • Language:
    • Business is conducted in English, with proceedings managed by the Chief Justice through single sittings, division Benches (Two Judges), Full Benches (Three Judges), and Larger Benches, the composition of which is determined by the Chief Justice.

What is Controversy Related to Kerala High Court?

  • The Kerala High Court Complex did not have Court Room No. 13 allegedly because of superstitions for the number 13.
  • A petition was filed before the Supreme Court stating that there was Court room no. 13 initially but it was later named as 12A.
  • Answering this petition, the SC said that a court should not encourage superstition.
  • After the verdict in the aforementioned petition, the Kerala High Court renamed the courtrooms 1A to D.