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Important Institutions

Karnataka High Court

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 31-Jul-2024

Introduction 

  • The Karnataka High Court was formerly known as Mysore High Court. 
  • It is the highest court of jurisdiction. 
  • The court's principal bench is in Bengaluru, the capital city of Karnataka, with additional benches in Hubballi-Dharwada and Kalaburagi. 

What is the History of Karnataka High Court? 

  • On 21st October 1831, the Governor-General of India, Bentinck, issued a proclamation and took over the administration of Mysore for the East India Company, citing the Raja's incapacity to manage the state's affairs. 
  • A Board of Commissioners, comprising a Senior Commissioner and a Junior Commissioner, was given the responsibility of overseeing the administration of Mysore. 
  • In June 1832, this Board was disbanded, and one Commissioner was given sole authority to administer the state. 
  • The state of Mysore was split into four sections in 1834: Bangalore, Nagar, Chitaldurg, and Ashtagram. 
  • A European officer known as the Superintendent represented each division. 
  • There were five courts in the state for the administration of justice from 1831 to 1855. 
  • The Superintendents of Divisions were given the authority of Sessions Judges in 1862–1863. 
  • The Code of Criminal Procedure, 1872, was implemented in Mysore in 1872. 
  • Munsiffs were given Taluka Magistrates' authority in 1880. Amildars, however, continued to have magisterial authority. 
  • The Chief Judge oversaw the administration of the criminal justice system in 1881. The Civil and Criminal Procedure Code gave his court the authority to exercise High Court jurisdiction. 
  • Three permanent Sessions Courts were created in Bangalore, Mysore, and Shimoga between 1911 and 1913. 
  • To hear Sessions cases that the corresponding Sessions Judges had transferred to them, three Assistant Sessions Judges were in Bangalore, Mysore, and Shimoga. 
  • The Karnataka Judicial Service (Recruitment) Rules, 1983, now regulate hiring and advancement within the Karnataka Judicial Service. 

How many Benches are there of Karnataka High Court? 

  • The Karnataka High Court: Bangalore Bench 
    • This bench is the principal bench of the Karnataka High Court. 
    • It is situated in the capital of Karnataka. 
    • This bench was established in 1884 in Karnataka. 
  • The Karnataka High Court:  Hubballi-Dharwada Bench 
    • It is the permanent bench of Karnataka High Court. 
    • This Bench was established on 24th August 2023. 
    • Hubballi-Dharwada bench of Karnataka High Court was inaugurated by then Chief Justice of India K.G.Balakrishnan on 4th  July 2008 and became operational from 7th  July 2008. 
  • The Karnataka High Court:  Kalaburagi Bench 
    • This is also a permanent bench of Karnataka High Court. 
    • This bench was established on 31st August 2013. 
    • This bench was the circuit bench of Karnataka High Court before becoming permanent bench from the year 2008. 

What is the Organizational Structure of Karnataka High Court? 

 

What is the Composition of Karnataka High Court? 

  • Justice Nilay Vipinchandra Anjaria is the Chief Justice since 25 February 2024. 
  • There are 45 judges in the Karnataka High Court out of maximum sanctioned are 60. 

What is the Procedure for Appointment of Members of Karnataka High Court? 

  • The President appoints Chief Justice of the Karnataka 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 Karnataka High Court (excluding the Chief Justice) by warrant under his hand and seal.   
  • The procedure involves consulting with the CJI and following the recommendation of the Chief Justice of the Karnataka 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 Karnataka High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment. 

What is the Jurisdiction of Karnataka High Court?  

  • 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 Karnataka High Court handles civil cases, including 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 Karnataka High Court also has jurisdiction in taxation matters, including cases related to income tax, sales tax, and other tax disputes. 
  • Territorial Jurisdiction:  
    • Metropolitan area comprising Bangalore City declared under Section 8 of the Criminal Procedure Code, 1973. 
  • Pecuniary Jurisdiction:  
    • Unlimited in respect of suits and other proceedings of civil nature except suits or other proceedings which are cognizable by the High Court and Court of Small Causes. 

Who Are the Officers of Karnataka High Court? 

  • Registrar General  
  • Registrar/Prothonotary and Senior Master  
  • Registrar (OS)  
  • Addl. Registrar/Additional Prothonotary and Senior Master  
  • Addl. Registrar/Additional Prothonotary and Senior Master  
  • Commissioner for Taking Accounts  
  • Court Receiver