High Court of Andhra Pradesh: Rules, Administration, Registry and Section Officer Duties

What to remember

• A High Court is a constitutional court of record. Articles 214 to 231 of the Constitution set up its judges, jurisdiction and administration. The Chief Justice controls the court's administration and appoints its officers and servants (Article 229).
• The High Court of Andhra Pradesh began functioning as a separate court on 1 January 2019, at Amaravati, after the common High Court for Andhra Pradesh and Telangana at Hyderabad was split under the Andhra Pradesh Reorganisation Act, 2014.
• A Section Officer works in the Registry: he scrutinises papers, keeps records, follows the rules and circular orders, and helps get cases ready for listing. The Rules of the court govern every step.

Constitutional framework

To be a High Court judge a person must be a citizen of India and either have held a judicial office for ten years or have been an advocate of a High Court for ten years. A judge can be removed only in the same manner as a Supreme Court judge, by Parliament after an address in both Houses. The language of the High Court is English; Hindi or the official language of the State may be used with the President's consent (Article 348).

Article 226 is wider than Article 32 because it can be used for any other purpose besides fundamental rights, and it can be addressed to any person or authority, including the Government. The five writs are habeas corpus (produce the detained person), mandamus (command a public duty), prohibition (bar a lower court from going beyond its jurisdiction), certiorari (quash a decision of a lower court or authority) and quo warranto (by what authority a person holds a public office). Article 227 is the power of supervision over the working of all courts and tribunals, administrative as well as judicial, other than those under military law. It helps the High Court keep the lower courts within bounds. Under Article 235 the High Court controls the district courts and courts below them. Appointment, posting and promotion of district judges are made by the Governor in consultation with the High Court (Article 233); their leave is granted by the High Court under Article 235, and the control over other judicial officers lies with the High Court.

The High Court of Andhra Pradesh

The Hyderabad High Court dates from the time of the Nizam; after the States Reorganisation of 1956, the High Court at Hyderabad became the High Court of Andhra Pradesh. On the creation of Telangana in 2014, the same High Court continued as a common court. A Presidential order created a separate High Court for each State, and the High Court of Andhra Pradesh started functioning from Amaravati on 1 January 2019. The court has a Chief Justice and other judges. Its territorial jurisdiction covers the State of Andhra Pradesh. The court sits in benches (single judge, Division Bench and larger benches) fixed by the Chief Justice.

Jurisdiction. The High Court has:

• writ jurisdiction under Article 226 and supervisory power under Article 227;
• appellate jurisdiction from the district courts and tribunals, in civil matters (first appeals, second appeals on a substantial question of law, civil revision) and in criminal matters (appeals, revisions, and confirmation of death sentences);
• original jurisdiction in limited matters only, such as election petitions and certain company and admiralty matters (as the law provides);
• power to punish contempt of court, to hear references, and to transfer cases between courts under the procedural codes.

Rules and Orders

The High Court regulates its own procedure through rules. These work along with the codes and statutes.

Section Officers must follow the latest version of these rules. The exact names, rule numbers and orders should be checked in the High Court's own published rule book.

Court administration

The Chief Justice is the head of the administration and decides the allocation of work (the "master of the roster"). Judges sit in committees, such as the Administrative Committee, the Rules Committee, the Building Committee and the Library Committee, to help in administration. The Registrar General is the senior officer of the Registry, assisted by Registrars for judicial, administrative, vigilance and technical work, then Deputy Registrars, Assistant Registrars, Court Officers, Section Officers, Court Masters and other staff. Staff posts and names vary; check the service rules for the current cadre structure.

The High Court's money is charged to the Consolidated Fund of the State, and the rules about salaries, leave and pensions of its staff need the approval of the Governor. All the officers and servants are appointed by the Chief Justice, or by such judge or officer as he directs.

The High Court has a role over the subordinate judiciary: inspecting courts, transferring judges, calling for records, fixing sessions and sittings, and training judicial officers through the State Judicial Academy. It also works with the AP State Legal Services Authority and the High Court Legal Services Committee for free legal aid, Lok Adalats and mediation.

Registry: how a case moves

Common case types are Writ Petitions (WP), Writ Appeals (WA), Civil Revision Petitions (CRP), Civil Miscellaneous Appeals (CMA), Appeal Suits (AS), Second Appeals (SA), Criminal Petitions, Criminal Appeals, Contempt Cases (CC), and Review Applications. A miscellaneous petition (MP) is an application within a pending case. The main case is the "main matter"; interlocutory applications are decided along with or before it.

Listing

The cause list is the official list of matters to be heard by each court each day. It is prepared by the listing section on the basis of the roster fixed by the Chief Justice, and it lists cases in the order of priority. The main kinds of list are the daily list, the weekly list, the advance list, the supplementary list (for matters added late) and the list for urgent matters. Matters are listed as "for admission", "for orders", "after notice", "fresh matters", "part-heard" and "final hearing". Urgent matters can be mentioned before the Bench with leave. The cause list is published on the website and on notice boards; changes are made only on orders of the competent authority. The Section Officer must make sure that each case listed has complete papers, and that lawyers and parties have been served in time.

Section Officer: duties in the Registry

A Section Officer is a supervising officer in a section of the Registry (for example filing, scrutiny, listing, records, copying, notices or accounts). Duties generally include the following:

• Scrutinise the papers and the work of assistants for compliance with the rules.
• Note defects, return papers for cure, and put up the file with a clear note for decision.
• Maintain registers and files, and enter case details accurately.
• Check cause lists before they are finalised.
• Prepare office notes, drafts of orders, notices and communications.
• Ensure that notices and processes are issued and returned through the proper channels.
• Keep records safe, and follow rules on weeding and preservation.
• Maintain confidentiality of court records and orders.
• Deal with advocates and the public politely and in line with the rules.
• Follow time limits and priorities for urgent matters, such as bail and habeas corpus.
• Report irregularities to the Registrar and keep the officer informed of pendency.

Exam traps

• Article 226 covers fundamental rights and "any other purpose"; Article 32 is only for fundamental rights.
• Article 227 is supervision over courts and tribunals; Article 226 is the writ power.
• The Chief Justice allots work; individual judges do not choose their own cases.
• The High Court appoints its own staff through the Chief Justice (Article 229); the Governor does not.
• Article 235 gives control of subordinate courts to the High Court; Article 233 covers appointment of district judges by the Governor in consultation with the High Court.
• The separate High Court of AP began on 1 January 2019, not on the date of State bifurcation in 2014.
• A High Court judge retires at sixty-two; a Supreme Court judge at sixty-five.

One-liners

• 1. The High Court is a court of record under Article 215.
• 2. Article 226 gives writ jurisdiction to the High Court.
• 3. Article 227 gives superintendence over lower courts and tribunals.
• 4. Article 229 deals with High Court staff and expenses.
• 5. Article 235 gives control over subordinate courts to the High Court.
• 6. A High Court judge retires at sixty-two.
• 7. The High Court of AP began as a separate court on 1 January 2019.
• 8. The Chief Justice is the master of the roster.
• 9. The Registrar General heads the Registry.
• 10. The cause list is the daily list of cases to be heard.
• 11. Defects in papers are noted at scrutiny and returned for cure.
• 12. The five writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.

Practice questions

1. Which Article of the Constitution declares the High Court a court of record?

   1. Article 214
   2. Article 215
   3. Article 226
   4. Article 235
   Answer

   B. Article 215

   Article 215 makes every High Court a court of record with power to punish for contempt.

2. Article 214 provides that

   1. the Supreme Court shall sit in each State
   2. there shall be a High Court for each State
   3. each district shall have a High Court
   4. each High Court shall have fifty judges
   Answer

   B. there shall be a High Court for each State

   Article 214 provides for a High Court in each State.

3. The writ jurisdiction of the High Court is under

   1. Article 32
   2. Article 136
   3. Article 226
   4. Article 143
   Answer

   C. Article 226

   Article 226 gives High Courts power to issue writs; Article 32 is for the Supreme Court.

4. Article 226 is wider than Article 32 because it can be used

   1. only for fundamental rights
   2. for fundamental rights and for any other purpose
   3. only against private persons
   4. only for property disputes
   Answer

   B. for fundamental rights and for any other purpose

   Article 226 extends to 'any other purpose' as well.

5. The power of superintendence of a High Court over all courts and tribunals in its territory is in

   1. Article 229
   2. Article 231
   3. Article 226
   4. Article 227
   Answer

   D. Article 227

   Article 227 gives the High Court supervisory power.

6. The appointment of officers and servants of the High Court is made by

   1. the President
   2. the Registrar General alone
   3. the Governor
   4. the Chief Justice of the High Court or a judge he directs
   Answer

   D. the Chief Justice of the High Court or a judge he directs

   Article 229 vests the power in the Chief Justice or the judge or officer he directs.

7. Control over district courts and courts below them is vested in the High Court by

   1. Article 233
   2. Article 214
   3. Article 235
   4. Article 231
   Answer

   C. Article 235

   Article 235 vests control over subordinate courts in the High Court.

8. A High Court judge retires at the age of

   1. sixty-five years
   2. sixty-eight years
   3. sixty-two years
   4. sixty years
   Answer

   C. sixty-two years

   High Court judges retire at sixty-two; Supreme Court judges at sixty-five.

9. A High Court judge takes the oath before

   1. the President
   2. the Speaker
   3. the Chief Justice of India
   4. the Governor or a person appointed by him
   Answer

   D. the Governor or a person appointed by him

   Article 219 provides the oath before the Governor.

10. A separate High Court for Andhra Pradesh began functioning from

    1. 2 June 2014
    2. 1 January 2019
    3. 26 January 2015
    4. 1 November 1956
    Answer

    B. 1 January 2019

    The common High Court was split and the AP High Court started functioning at Amaravati on 1 January 2019.

11. The separate High Court of Andhra Pradesh functions from

    1. Visakhapatnam
    2. Tirupati
    3. Hyderabad
    4. Amaravati
    Answer

    D. Amaravati

    The High Court of AP functions from Amaravati since 2019.

12. The law under which the common High Court for Andhra Pradesh and Telangana was continued is the

    1. Andhra Pradesh Reorganisation Act, 2014
    2. Government of India Act, 1935
    3. States Reorganisation Act, 1956
    4. Telangana Act, 2019
    Answer

    A. Andhra Pradesh Reorganisation Act, 2014

    The 2014 Reorganisation Act provided for the common High Court at Hyderabad.

13. Which Article provides for a common High Court for two or more States?

    1. Article 227
    2. Article 229
    3. Article 231
    4. Article 224
    Answer

    C. Article 231

    Article 231 allows Parliament to establish a common High Court for two or more States.

14. Which writ means 'you may have the body'?

    1. Mandamus
    2. Habeas corpus
    3. Certiorari
    4. Quo warranto
    Answer

    B. Habeas corpus

    Habeas corpus orders the production of a detained person.

15. Which writ asks 'by what authority' a person holds a public office?

    1. Prohibition
    2. Quo warranto
    3. Mandamus
    4. Habeas corpus
    Answer

    B. Quo warranto

    Quo warranto tests the legality of a claim to public office.

16. The writ of certiorari is issued to

    1. quash an order of a lower court or authority
    2. produce a detained person
    3. stop a person from holding office
    4. command performance of a public duty
    Answer

    A. quash an order of a lower court or authority

    Certiorari quashes a decision made without jurisdiction or in violation of law.

17. The Chief Justice of a High Court is called the master of the roster because he

    1. controls only the library
    2. decides allocation of judicial work among the judges
    3. signs all decrees
    4. sits in every case
    Answer

    B. decides allocation of judicial work among the judges

    The Chief Justice fixes the roster of the benches.

18. The senior-most officer of the Registry is the

    1. Assistant Registrar
    2. Court Master
    3. Registrar General
    4. Section Officer
    Answer

    C. Registrar General

    The Registrar General heads the Registry.

19. The 'cause list' is

    1. a list of judges' leave
    2. a list of lawyers
    3. a list of court fees
    4. the list of cases to be heard before each court on a given day
    Answer

    D. the list of cases to be heard before each court on a given day

    The cause list tells the court and advocates what matters are fixed for hearing.

20. At scrutiny stage in the Registry, the main task is to

    1. pass the final order
    2. decide the merits of the case
    3. check the papers for defects and compliance with the rules
    4. assess the damages
    Answer

    C. check the papers for defects and compliance with the rules

    Scrutiny checks procedural compliance such as signature, court fee, copies and limitation.

21. When defects are noted in a petition, the papers are

    1. decided immediately
    2. sent to the Governor
    3. destroyed
    4. returned to the party to cure the defects within the time allowed
    Answer

    D. returned to the party to cure the defects within the time allowed

    Papers are returned with a defect notice and may be rejected if not cured in time.

22. An application filed within a pending case in the High Court is called

    1. a miscellaneous petition
    2. a writ appeal
    3. a contempt case
    4. a second appeal
    Answer

    A. a miscellaneous petition

    MPs are interlocutory applications within a pending main case.

23. A Writ Appeal (WA) is generally filed against

    1. a district court order in a criminal case
    2. an order of a single judge in a writ petition
    3. a Governor's order
    4. a Supreme Court decision
    Answer

    B. an order of a single judge in a writ petition

    Writ appeals go to a Division Bench from the single judge's decision.

24. Under Article 224A, the Chief Justice can request

    1. a Supreme Court judge to retire
    2. a lawyer to act as a Chief Justice
    3. the Governor to appoint a registrar
    4. a retired judge to sit and act as a High Court judge
    Answer

    D. a retired judge to sit and act as a High Court judge

    Article 224A permits retired judges to sit with the consent of the President.

25. Judges of the High Court can be removed

    1. in the same manner as a Supreme Court judge
    2. by the Governor on his own
    3. by the Registrar General
    4. by the Chief Minister
    Answer

    A. in the same manner as a Supreme Court judge

    Removal is by an address of both Houses of Parliament.

26. A person can be appointed a High Court judge if he is a citizen of India and has

    1. passed a law degree
    2. held any office for two years
    3. held a judicial office or been a High Court advocate for ten years
    4. been a police officer for ten years
    Answer

    C. held a judicial office or been a High Court advocate for ten years

    Article 217 lays down the qualification of ten years in either capacity.

27. The language of the proceedings in the High Court is

    1. only Telugu
    2. only Hindi
    3. English, with Hindi or the State language allowed in some cases with the President's consent
    4. only Sanskrit
    Answer

    C. English, with Hindi or the State language allowed in some cases with the President's consent

    Article 348 prescribes English for High Courts, with permitted exceptions.

28. The money for the High Court's expenses is charged to

    1. the Consolidated Fund of India only
    2. the Contingency Fund only
    3. the Public Account
    4. the Consolidated Fund of the State
    Answer

    D. the Consolidated Fund of the State

    Article 229 provides for the expenses to be charged to the State's Consolidated Fund.

29. Statements about writs: 1. Article 226 allows writs for purposes other than fundamental rights. 2. Article 32 allows writs only for fundamental rights.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Article 226 is wider; Article 32 is confined to fundamental rights.

30. Statements about administration: 1. The Chief Justice decides roster of work. 2. Each judge may choose the cases he likes to hear.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Allocation of work is the Chief Justice's power.

31. Statements about the Registry: 1. A Section Officer scrutinises papers for defects. 2. A Section Officer decides the merits of cases.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Merits are decided by the bench, not the Registry.

32. Statements about Articles 226 and 227: 1. Article 227 gives superintendence over courts and tribunals. 2. Article 226 gives superintendence over courts.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Article 227, not 226, is the supervisory power.

33. Statements about case listing: 1. A supplementary list may add matters not in the main cause list. 2. Cause lists never change once published.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Changes are possible only on orders of the competent authority.

34. Statements about staff: 1. The Chief Justice appoints the officers and servants of the High Court. 2. Rules about their pay and pension need the Governor's approval.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both follow Article 229.

35. Statements about district courts: 1. High Court controls district courts. 2. Governor appoints district judges in consultation with the High Court.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Articles 233 and 235 provide both.

36. Statements about case numbers: 1. A regular number is allotted after defects are cleared. 2. A provisional stamp register number is used before the regular number.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both reflect usual Registry practice.

37. Match the writ with its use: (a) Habeas corpus (b) Mandamus (c) Prohibition (d) Certiorari (i) produce a detained person (ii) command a public duty (iii) stop a lower court from exceeding jurisdiction (iv) quash an order

    1. a-ii, b-i, c-iv, d-iii
    2. a-i, b-ii, c-iii, d-iv
    3. a-iii, b-iv, c-i, d-ii
    4. a-iv, b-iii, c-ii, d-i
    Answer

    B. a-i, b-ii, c-iii, d-iv

    Standard meanings of the five writs.

38. Match the Article with its subject: (a) 215 (b) 226 (c) 227 (d) 229 (i) court of record (ii) writs (iii) superintendence (iv) staff and expenses

    1. a-iv, b-iii, c-ii, d-i
    2. a-i, b-ii, c-iii, d-iv
    3. a-ii, b-i, c-iv, d-iii
    4. a-iii, b-iv, c-i, d-ii
    Answer

    B. a-i, b-ii, c-iii, d-iv

    Article 215 court of record; 226 writs; 227 superintendence; 229 staff and expenses.

39. Match the case type with its abbreviation: (a) Writ Petition (b) Writ Appeal (c) Civil Revision Petition (d) Contempt Case (i) WP (ii) WA (iii) CRP (iv) CC

    1. a-ii, b-i, c-iv, d-iii
    2. a-iii, b-iv, c-i, d-ii
    3. a-iv, b-iii, c-ii, d-i
    4. a-i, b-ii, c-iii, d-iv
    Answer

    D. a-i, b-ii, c-iii, d-iv

    Common abbreviations used in the Registry.

40. The process of preserving, and later destroying under rules, old case records is called

    1. scrutiny
    2. impounding
    3. listing
    4. weeding
    Answer

    D. weeding

    Weeding of records is done as per the record-keeping rules.

41. A High Court's original jurisdiction is

    1. covering all criminal trials
    2. limited to certain matters such as election petitions and some company and admiralty matters
    3. covering all civil suits
    4. absent in every case
    Answer

    B. limited to certain matters such as election petitions and some company and admiralty matters

    Most High Court work is appellate and writ; original jurisdiction is limited.

42. An advocate or party can request the Bench to take up an urgent matter by

    1. writing to the Chief Minister
    2. mentioning it with leave of the court
    3. paying double fee
    4. telling the Governor
    Answer

    B. mentioning it with leave of the court

    Urgent matters are mentioned before the Bench.

43. A Second Appeal from the decision of a first appellate court lies to the High Court on

    1. an adverse remark
    2. any dispute about cost
    3. any question of fact
    4. a substantial question of law
    Answer

    D. a substantial question of law

    Second appeals under the Code of Civil Procedure require a substantial question of law.

44. Which of these is NOT a duty of a Section Officer?

    1. Maintaining registers
    2. Preparing office notes
    3. Scrutinising papers
    4. Delivering the final judgment on the merits
    Answer

    D. Delivering the final judgment on the merits

    Judgments are delivered by the judges.

45. A Division Bench of the High Court ordinarily consists of

    1. two judges
    2. eleven judges
    3. five judges
    4. one judge
    Answer

    A. two judges

    A Division Bench has two judges; single-judge benches have one.