Everything You Need to Know About the Kerala High Court

1. Everything You Need to Know on Kerala High Court

One of the most revered cornerstones of democracy in India is the judiciary, with each state having its own high court that acts as the supreme court at the state level. A prominent position in the Indian legal system is occupied by the Kerala High Court, which is situated in Kochi. It has jurisdiction over the Union Territory of Lakshadweep in addition to ensuring justice within Kerala. The court, which was founded shortly after the state was formed, has been essential in preserving justice, defending constitutional rights, and influencing regional law. Everything you need to know about the Kerala High Court is covered in this blog, including its background, composition, authority, duties, and significance.


2. Historical Background

With the rearrangement of Indian states, the Kerala High Court was established on November 1, 1956. Prior to its establishment, Malabar was governed by the Madras High Court, while Travancore and Cochin each had their own high court. A united high court was founded in Ernakulam, Kochi, when Travancore-Cochin, Malabar, and Kasaragod were combined to form Kerala.

The Kerala High Court has played a crucial role in maintaining the rule of law and guaranteeing justice since its founding. It has heard historic issues pertaining to governance, environmental law, human rights, and civil liberties over the years, frequently establishing significant legal precedents for the rest of the nation.

Read More: Latest News and Judgements From Calcutta High Court

3. Location and Infrastructure

Kochi (Ernakulam district), which is regarded as the state's judicial center, is home to the Kerala High Court. The court is housed in one of India's largest high court complexes, a magnificent new edifice. The facility, which spans several storeys, has offices, libraries, courtrooms, judges' chambers, and amenities for litigants and advocates.

Its digital use is also significant; particularly in the post-pandemic age, virtual court proceedings, e-filing systems, and online case status checks have made justice more accessible.

4. Jurisdiction of the Kerala High Court

The Kerala High Court exercises jurisdiction over:

  • The State of Kerala
  • The Union Territory of Lakshadweep

5. The Kerala High Court handles a wide variety of cases, including:

  • Criminal and civil appeals: from Keralan and Lakshadweep district and sessions courts.
  • Writ Jurisdiction: The Indian Constitution's Article 226 grants the high court the authority to issue writs to enforce legal rights, including basic rights.
  • Advisory and Supervisory Functions: Oversees the operations of subordinate courts and tribunals under its purview.
In addition, the court hears issues pertaining to constitutional challenges, family disputes, public interest litigations (PILs), service matters, and commercial litigations.


6. Appointment of Judges

The President of India appoints the judges of the Kerala High Court. The Collegium System, which consists of the Chief Justice of India and senior Supreme Court judges, makes suggestions during the process. The Governor of Kerala and the Chief Justice of the High Court are also consulted.
Many high court judges continue to serve in the legal system as senior advocates, arbitrators, or leaders of commissions after they reach the retirement age of 62.

7. Functions of the Kerala High Court

The Kerala High Court carries out a number of vital tasks:

  1. Judicial Review: Verifies the constitutionality of laws and presidential orders.
  2. Supervision: Has jurisdiction over all Keralan and Lakshadweep district and subordinate courts.
  3. Appellate Jurisdiction: Considers appeals in criminal, family, and civil cases from subordinate courts.
  4. Protection of Fundamental Rights: Uses writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to enforce people' rights.
  5. Advisory Role: Offers legal clarification on statutory and constitutional clauses.

8. Landmark Judgments

The Kerala High Court has rendered a number of significant rulings over the years that have impacted Indian law and society:

  • Right to Education: The court has underlined over and again that it is the state's duty to guarantee that everyone has access to high-quality education.
  • Environmental Protection: The Kerala High Court has taken the initiative to safeguard backwaters, the Western Ghats, and other ecologically delicate areas.
  • Gender Rights: The court has maintained progressive rulings on marriage laws, women's rights, and harassment protection.
  • Civil Liberties: It has continuously upheld individual liberties, such as the right to privacy, freedom of speech, and freedom of religion.
  • These important decisions highlight the court's function as Kerala's defender of justice.

9. Role in Legal Education and Advocacy

Another important player in promoting legal education is the Kerala High Court. One active organization that represents attorneys working in the court is the Kerala High Court Advocates' Association (KHCAA). Interactions with law students, internships, and regular legal seminars guarantee that the upcoming generation of advocates is adequately equipped.

Read More: Latest News From Calcutta High Court

10. Importance of the Kerala High Court

Beyond merely administering justice, the Kerala High Court is significant. It serves as Kerala's protector of the Constitution and gives people a forum to contest illegal decisions made by the state or federal government.

By considering Public Interest Litigations (PILs) that have an impact on the greater community, it advances social justice and guarantees the responsibility of subordinate courts and tribunals.
Has a significant influence on the development of legal discourse in Kerala and throughout India.

In the state of Kerala and the Union Territory of Lakshadweep, the Kerala High Court is a representation of justice, equity, and constitutional principles. It is a pillar of the Indian legal system because of its historical relevance, strong structure, and dedication to upholding rights. The court continues to evolve with the times while maintaining its fundamental goal of ensuring justice for all, as evidenced by its historic rulings on the environment and education as well as its adoption of technology in the administration of justice.

Understanding the function and role of the Kerala High Court offers important insights into how justice is administered at the state level to both practicing attorneys, legal students, and regular residents. The Kerala High Court is undoubtedly more than just a court; it is a defender of democracy and an advocate for the rights of the populace.

 


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