Important Institutions

Introduction

• The Delhi High Court is one of the most prominent and historically significant judicial institutions in India.
  • Its history is intertwined with the broader historical and political developments in the region.
• It stands as a symbol of justice in the heart of the country's capital.
• Established in 1966, the Delhi High Court 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.
• The Union Territory of Delhi has its own high court, which is not shared with any other state or union territory.

Historical Significance of Delhi High Court

• The Lahore High Court, established in 1866, had jurisdiction over Delhi and the surrounding areas during the colonial period.
• After India gained independence from British rule in 1947, there was a need to establish a separate High Court for the newly formed Union Territory of Delhi.
• The Delhi High Court was established on 31^st October 1966, under the Delhi High Court Act, 1966.
• The High Court had jurisdiction over the territory of Delhi and Himachal Pradesh.
• The High Court initially functioned from the Parliament House and also had a bench in Shimla.
  • The High Court of Delhi exercised its jurisdiction through its Shimla bench until the State of Himachal Pradesh Act, 1970 was enforced on 25th January 1971.

Organization of Delhi High Court

• The Delhi High Court was initially formed with a panel of four Judges, including Chief Justice K.S. Hegde, Justice I.D. Dua, Justice H.R. Khanna, and Justice S.K. Kapur. Over the years, the number of Judges in this High Court has gradually increased.
• At present, the authorized number of Judges for the Delhi High Court stands at 45 Permanent Judges and 15 Additional Judges.
• The 31st Chief Justice of the Delhi High Court is Justice Satish Chandra Sharma.

Appointment of Judges

• The President appoints Chief Justice of the Delhi 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 Delhi 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 Delhi 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 Delhi 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 Section 5 of the Delhi High Court Act, 1966.
• The Delhi 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 Delhi High Court has jurisdiction over suits having dispute above 2 crore Rupees.

District Courts under Delhi High Court

The district courts under the Delhi High Court have jurisdiction over specific geographical areas or districts within Delhi. They are responsible for hearing cases related to civil matters, criminal matters, family disputes, property disputes, and other legal matters that fall within their jurisdiction.

There are 7 District Courts subordinate to the Delhi High Court:

• Tis Hazari Courts was established in 1958.
• Patiala House Courts was established in 1977.
• Karkardooma Courts was established in 1993.
• Rohini Courts was established in 2005.
• Dwarka Courts was established in 2008.
• Saket Courts was established in 2010.
• Rouse Avenue was established in 2019.

Virtual Court

• Delhi High Court includes both physical and virtual courts.
• High Court of Delhi Rules for Video Conferencing for Courts, 2021 was promulgated under Section 7 of the Delhi High Court Act, 1966, and Article 227 of the Constitution of India, 1950.
• All proceedings conducted by a Court via video conferencing are termed as judicial proceedings and protocols that are applicable to a physical Court also apply to virtual proceedings under the aforementioned rules.
• Delhi High Court also permits e-filing of cases.
• Also, the Court has permitted Live Streaming of cases in the year 2022.

Officers in Delhi High Court

The hierarchy of the officers of the Delhi High Court, in ascending order, is:

• Administrative Officer (Judicial.)/Court Master
• Assistant Registrar
• Deputy Registrar
• Joint Registrar
• Registrar
• Registrar-General