Uttarakhand State High Court :

The Uttarakhand State was carved out from erstwhile State of Uttar Pradesh on 09/11/2000. At the time of the creation of the State, the High Court of Uttarakhand was also established on the same day at Nainital. Since that day the High Court is functioning in an old building situated in Mallital Nainital which was known as old Secretariat. The building of the High Court is a very magnificent and was constructed in 1900 A.D. There is a park in front of the building and Naina Peak, the highest peak in Nainital, in the background, which makes the building more picturesque. In the beginning five Court rooms were constructed but later on more Court rooms have been added. A huge Chief Justice Court Block and a Block of Lawyers’ chambers have also been built up in the year 2007.

Hon'ble Mr. Justice Ashok A. Desai was the founder Chief Justice of the High Court who was transferred from High Court of Allahabad along with Hon'ble Mr. Justice P.C.Verma, the Senior Judge and Hon'ble Mr. Justice M.C.Jain.

The sanctioned strength of Judges at the time of creation was 7 which has been increased to 9 in 2003. Hon'ble Mr. Justice S.H. Kapadia, Hon'ble Mr. Justice V.S. Sirpurkar and Hon'ble Mr. Justice Cyriac Joseph who have adorned the office of Chief Justice in this High Court, have been elevated to Hon'ble Supreme Court of India.

At present Chief Justice of Uttarakhand High Court is Justice Ramesh Ranganathan.

Power and Functions of High Court :

1. Composition:

The High Court of a state consists of a Chief Justice and such other judges as the President of India may deem it necessary for that state. The number of Judges varies from 3 in the Guwahati High Court to 48 in Allahabad High Court.

2. Qualifications for the Judge of a High Court:

The following are the essential qualifications for a person who can be appointed as a High Court Judge:

 (i) He should be a citizen of India.

(ii) He must have held a judicial office in the territory of India for at least ten years, or

(iii) He must have been an advocate of a High Court or two or more such courts for at least ten years.

3. Method of Appointment of the Judges of a High Court:

The President of India appoints the judges and the Chief Justice of a state High Court. While appointing the Chief Justice, he consults the Chief Justice of India and the Governor of the concerned State. While appointing other judges, he consults the Chief Justice of the concerned High Court and also the Chief Justice of India and the Governor of the concerned state. However, their recommendations are not binding upon the President.

4. Tenure:

Every judge of a High Court, including the Chief Justice holds office till he attains the age of 62 years.

5. Method of Removal:

A judge of a state High Court can be removed by the President on grounds of proven misbehavior or incapacity when each House of the Union Parliament passes a resolution (impeachment resolution) to this effect. Such a resolution has to be passed by each House by a majority of its total membership and a 2/3rd majority of members present and voting.

6. Transfer of Judges:

The judges of a High Court can be transferred by the President from one High Court to another after consultations with the Chief Justice of India.

7. Salary and Allowances:

The Chief Justice of a High Court gets a salary of Rs. 90000/- p.m. and the other Judges Rs. 80000/- p.m. They are also entitled to other allowances and a pension after retirement. Their salaries and allowances cannot be reduced during their term of office except during a financial emergency.

High Court -  Jurisdiction and Functions:

1. (a) Original Jurisdiction:

The High Courts of Bombay, Calcutta and Madras possess original jurisdictions in civil and criminal cases arising within these towns. They are authorized to hear a civil case involving property of the value of Rs. 20,000/- or more. This is an exclusive right enjoyed by these three High Courts.

(b) Original Jurisdiction regarding Fundamental Rights:

The High Courts have been empowered to issue writs in order to enforce fundamental rights.

(c) Original Jurisdiction in respect of some other Cases:

All High Courts possess original jurisdiction in cases relating to divorce, will, admiralty and contempt of court.

2. Appellate Jurisdiction:

(a) Appellate Jurisdiction in Civil Cases:

In a civil case appeal to the High Court can be made against the decision of a district court. An appeal can also be made from the subordinate court directly, provided the dispute involves a value higher than Rs. 5000/- or on a question of fact or law.

(b) Jurisdiction in Criminal Cases:

An appeal to the High Court lies in case a Sessions Court has awarded the punishment of four years or more. All cases involving capital punishment awarded by the Session Court come to High Court as appeals. A death sentence awarded to a criminal by a Session Court can be carried out only if the High Court upholds the decision. Any case involving an issue of interpretation of the Constitution can go to the High Court as an appeal.

3. High Court as the Court of Record:

High Courts, like the Supreme Court of India, are also Courts of Records. The records of all their judgements can be the basis for deciding cases by the subordinate courts. Each High Court has the power to punish all cases of its contempt by any person or institution.

4. Power of Judicial Review:

Like the Supreme Court of India, each High Court also enjoys the power of Judicial Review. It has the power to declare any law or ordinance unconstitutional if it is found to be against the Constitution of India.

5. Power of Certification:

In most of the cases decided by a High Court, an appeal can go to the Supreme Court only when it is certified by the High Court that such an appeal can be made.

6. Administrative Powers of a High Court:

(i) It has the power to superintend and control all subordinate courts.

(ii) It can issue 1 rule regulating the working of subordinate courts.

(iii) It can ask for the details of the proceedings from subordinate courts.

(iv) It can transfer any case from one court to another and can even transfer the case to itself and decide the same.

(v) It has the power to investigate or enquire into the record or other connected documents of any court subordinate to it.

(vi) Each High Court has the power to appoint its administration staff and determine their salaries, allowances and other conditions of service.

(vii) The appointment, promotion and posting of the district judges is made by the Governor in consultation with the High Courts. 

Position of the State High Court:

The High Courts occupy an important position in the judicial system of India. These are parts of an integrated and unified judicial system below the Supreme Court of India. Each High Court is a creation of the Constitution and as such it functions in accordance with the Constitution.

Each High Court enjoys full autonomy of working. These are under the administrative control of the Supreme Court but these enjoy full freedom to administer justice. High Courts have been effectively playing their role in protecting the Fundamental Rights and the Constitution from unnecessary restrictions of the government.