Andhra Pradesh, Telangana to have separate high courts from January 1

Andhra Pradesh, Telangana to have separate high courts from January 1

News:

Telangana, Andhra Pradesh to get separate High Courts.

Facts:

• Indian President ordered the separation of the “common” Hyderabad High Court into the two separate High Courts of Andhra Pradesh and Telangana.
• The Presidential notification as per the Article 214 of the Constitution provides that there shall be a High Court for each State.
• Under the Andhra Pradesh Reorganization Act, 2014, both States were to have a common high court, till separate ones were formed.
• Andhra Pradesh has decided to create the new city of Amaravati which is going to be the capital of the state and the new high court of Andhra Pradesh.
• High Court of Judicature at Hyderabad shall become the High Court for the State of Telangana

Procedure of formation of a High Court

• Article 214 provides that every State shall have a High Court, however, Article 231 states that Article 214 shall not be a bar for constituting a common high court for two or more States.
• Although, only Parliament may by law establish a Common High Court for two or more States. This means that, unless Parliament by law establishes a Common High Court for two or more States, every State has to have a High Court, i.e., upon formation of a new State a new High Court is also formed. For example, High Court of Jharkhand, Bilaspur High Court in Chhattisgarh, and Nainital High Court in Uttarakhand