Judiciary of Punjab, Punjab and Haryana High Court

Explore the Judiciary of Punjab, its structure, functioning, key courts, judicial appointments, and the role of the Punjab and Haryana High Court in administering justice.

Table of Contents

The Indian constitution has established an ‘integrated Judiciary’ (SC + HCs + District courts). This system ‘enforces’ both central + state laws

High Court

Aspect

Details

Constitutional provisions

Articles 214 to 231 (Part VI)

Origin

1862 – High courts were set up at Calcutta, Bombay and Madras

State Judiciary

Composed of High Court + Subordinate Courts

Constitutional provision (original)

There shall be a ‘High court’ for each state (Article 214)
7th constitutional amendment: Authorised ‘Parliament’ to establish a single high court for two or more states, two or more state + Union Territory

Territorial Jurisdiction

Co terminus with the state. For common high court (State + Union territory).

Parliament

Possesses the power to ‘extend’ or ‘exclude’ jurisdiction of any High court from UTs.

Composition of HC

Chief Justice of HC + other Judges
The President determines the strength of the High court.
In case SC strength is determined by the Parliament.

Appointment of HC Judges

Appointment	By President via consultation
Chief Justice – High court	President in consultation. Consultation with CJI + Governor of state concerned.
Other Judges	President in consultation Consultation with CJI + Governor of state concerned + Chief Justice – High court (Particular state)
3 Judges case and HC	2nd Judges case: No appointment of High court Judge unless it is in conformity with opinion of CJI. 3rd Judges case: CJI should consult 2 ‘senior most Judges’ (In case of SC it is 4 senior most Judges).

Qualifications

Citizen of India.
a) Held ‘Judicial office’ for 10 years or b)‘Advocate of High court’ (or High courts in succession) for 10 years.

No ‘minimum age’ has been prescribed.
No provision exists for ‘appointment’ of a ‘distinguished Jurist’ in High court.
Retirement age – 62 (In case of Supreme court it is 65)
Any question about age can be settled by ‘President’
In case of Supreme court it is Parliament

Oath

Administered by Governor
Faith and allegiance to the constitution of India + Sovereignty and integrity of India, to faithfully discharge the duties of the office + to uphold constitution and the laws

Salaries and Allowances

Determined by ‘Parliament’ from time to time
Salaries: Charged on ‘consolidated fund of the state’

Pension: Charged on ‘consolidated fund of India’.

Tenure

Maximum age	62 (Question regarding age determined by President)
Resignation	To President
Vacation in office	Becomes the judge of the Supreme court, or he is transferred to another High court.
Removal	President on ‘recommendation’ of the Parliament.

Removal procedure

Same as Supreme court Judges

Transfer of High court Judges

Done by President
President needs to consult CJI
CJI needs to consult the following:

His collegium (4 senior most judges of the Supreme court) +
CJI of two High courts (One – From where the ‘Judge’ is transferred Second – To where the ‘Judge’ of High court is transferred).

Acting, Additional and Retired Judges

Acting Chief Justice of High court

Appointed by the President.
Reason: Office of CJ is vacant + temporarily absent + Unable to perform his duties.

Additional Judges

Appointed by the President for a maximum period of 2 years.
Reason: Temporary increase in High court business + Arrears of work in high court. Maximum age till 62

Acting Judges

Appointed by the President.
Reason: Unable to perform duties due to absence or other reason + Appointed as Chief Justice of the High court.
Holds office until the permanent Judge returns. Maximum age till 62.

Retired Judges

Appointed by the ‘Chief Justice of High Court’ with previous consent of the President and person to be appointed.
Salaries and allowances: Determined by ‘President’.
He is ‘not’ deemed to be Judge of the High Court.

Punjab and Haryana High Court

History

Initially, the Lahore High Court was established in 1919, whose jurisdiction covered undivided Punjab and Delhi having its seat at Lahore. However, after independence, a separate High Court of Punjab (India) was created with its seat at Shimla under the Indian Independence Act, 1947 which had jurisdiction over Punjab, Delhi, present-day Himachal Pradesh, and Haryana.
The seat of East Punjab Court was shifted from Shimla to Chandigarh (which started working on January 17, 1955 but inaugurated by Pt. Nehru later on 19th March, 1955). Thus, the first Chief Justice of Punjab High Court after shifting to Chandigarh was Justice AN Bhandari, while Justice Ram Lal was first one in Shimla.
The PEPSU High Court was merged into Punjab High Court in 1956 under States Reorganization Act, 1956. A separate High Court for Delhi was created in 1966 under Delhi High Court Act, 1966.
Finally in 1966, Punjab was reorganized in 1966 and consequently, a separate state of Haryana and UT of Chandigarh were created apart from the increase in territory of Himachal Pradesh.
Henceforth, the Punjab High Court was renamed as ‘The High Court of Punjab and Haryana’, w.e.f. 1st Nov, 1966. Himachal Pradesh got its independent High Court at Shimla.

Current Scenario

Punjab, Haryana, and Union Territory of Chandigarh have a common High Court which is situated in Chandigarh. As of 10st April, 2024, there are 55 Judges working in the High Court (against the sanctioned strength of 85 Judges).
The court building is known as the Palace of Justice. Designed by Le Corbusier, this building and several of his other works were inscribed as UNESCO World Heritage Sites in July 2016.
The ‘Punjab and Haryana High Court’ completed its 50 years of existence (Golden Jubilee) on 19th March, 2005.
The position of Chief Justice of Punjab and Haryana High Court is currently vacant but Justice Gurmeet Singh Sandhawalia is the acting Chief Justice since 04-02-2024.

Regional languages in High Courts

Out of 25 High courts, only 4: Rajasthan, Madhya Pradesh, Uttar Pradesh and Bihar – are allowed to use Hindi in their proceedings.

New proposals:

Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka have proposed using regional languages in their High Courts.
The Chief Justice of India was consulted on these proposals in 2012.
After thorough deliberation with other judges, he decided not to accept them.
Reason for Non-inclusion: Inclusion will impact judges and lawyers who are not proficient in regional languages.