High Court Of Kerala

Kerala High Court

The Kerala high court functions with respect to Article 226 of the Indian constitution. It is authorised to provide directions and writ for Habeas corpus, Mandamus, Prohibition, and Quo warranto.

The primary objective of such measures is to ensure the enforcement of citizens' Fundamental Rights, as guaranteed by the constitution, or for other stated purposes. The Kerala High Court was established on 1 November 1958, and its functions are justified by the Kerala High Court Act of 1958. This Act grants the Kerala High Court all the powers of a high court in Kerala. The foundation stone for the new multi-story Kerala High Court building in Cochin was laid by Chief Justice, MN. Venkatachaliah.

Location of Kerala Court

The Kerala High court is located at Marine Drive Kochi,Ernakulam ,Kerala. The exact address is as follows:

Registrar General, High Court of Kerala, Ernakulam - 682031

Jurisdiction of Kerala High Courtt

Some of the important Kerala High court judgements are discussed below:

• Women Entering Sabarimala Temple - In September 2018, the Kerala High court eradicated the ban on entry of women into the Sabarimala temple. The Court held that the age-old practice was discriminatory and violated women's right to equality and freedom of religion. The Kerala High court judgement was viral and was debated on multiple social media platforms.
• Decriminalisation of Homosexuality - In July 2020, the Kerala High Court judgement decriminalised consensual homosexual activity, stating that criminalising same-sex relationships violates citizens' fundamental rights. This Kerala High Court judgement PDF is also available here at this best legal search engine for your reference.
• Right to Privacy - In November 2020, the Kerala High Court recognised the right to privacy as a Fundamental Right and directed the State government to ensure that the privacy of citizens is not violated by the use of surveillance technology.
• State Government Employees' Pension - In February 2021, the High Court upheld the State government's decision to implement the National Pension Scheme for its employees and ruled that the State government was not obligated to provide a pension scheme.
• Kerala Floods Compensation - In February 2021, the High Court directed the State government to provide compensation to flood-affected individuals and families in the state and ordered the government to ensure that the compensation reaches the beneficiaries promptly.

Latest Kerala High Court Judgements

As per the latest advancement the Kerala High court observed that it is due to the lack of protocols and systemic failure murder of a 23 year old house surgeon happened in Kottarakkara Kollam.

‘As far as the incident in question is consent there can be a little doubt that the killing of a doctor by a person in custody of police be that as an accused in any other capacity points strongly at a systemic failure. The police officers were also ad idem that it is the fundamental duty of any officer to have guarded citizen even at the cost of their own lives.’

The above statement was mentioned by the division bench encompassing Justice Devendra Ramachandran and Justice Kauser Edappagath. This latest Kerala High Court judgement went viral.

Did you know: On 21 February, 2023 which is also recognised as International Mother Language Day, the Kerala High Court made history by publishing two of its recent judgments in the Malayalam language. The Kerala High court is the first High court in the country to publish the judgments in a regional language. The official website of the Kerala High court was updated with the Malayalam versions of the judgements along with the English version. The judgement was passed by a division bench including chief justice S.Mani Kumar and justice Shaji .P. Chaly.

Judges of Kerala High Court

The Kerala High Court comprises a panel of esteemed judges who play a vital role in administering justice within the state. Among the notable judges serving in the court are Murali Purushothaman, Ziyad Rahman A. A, K. Babu, Kauser Edappagath, and A. Badharudeen, all of whom were appointed as permanent judges on 25th February 2021. These judges bring their wealth of experience and legal expertise to bear on the cases they preside over, ensuring the fair and impartial dispensation of justice.

Additionally, the Kerala High Court has welcomed several judges as additional appointments in recent years. Viju Abraham, Mohammed Nias C. P, Basant Balaji, C. Jayachandran, Sophy Thomas, P. G. Ajithkumar, C. S. Sudha, and Shoba Annamma Eapen have all been appointed as additional judges. Their contributions to the court since their appointments have further strengthened the judicial system in Kerala.

The judges of the Kerala High Court play a pivotal role in upholding the rule of law, protecting the rights of citizens, and ensuring fair and timely justice. Their dedication, integrity, and commitment to justice are essential in maintaining public trust and confidence in the judiciary. The acting Kerala high court chief justice is Sarasa Venkata Narayana Bhatti acting since 24 April 2023.

Number of Judges Present

At present the high court of Kerala has 35 permanent judges including the chief justice. Apart from this it has 12 additional judges. Based on the question to be adjugated the judges form a single division or a full panel.

Kerala High Court Judges Appointment Procedure

• When a permanent vacancy for a judge is expected to arise, the chief justice communicates their recommendations to the Chief Minister of the state at least 6 months before the vacancy occurs
• Along with their recommendation for appointing an additional judge as a permanent judge, the chief justice must also furnish statistics of the cases and judgments rendered by the judge, as well as the number of cases reported in the Law Journal, certified by the chief justice
• The chief justice of the High Court initiates the proposal for appointing a judge. However, the Chief Minister can also recommend someone directly to the chief justice for consideration
• The recommendations are verified by the Union Minister of Law, Justice and Company Affairs and forwarded to the chief justice of India for input. The chief justice of India consults with the two senior most judges in the Supreme Court
• After consultation, the recommendation is passed down to the Union Minister of Law, Justice and Company Affairs within 4 weeks
• All correspondence between the chief justice and the Chief Minister and Governor, if any, should be in writing and forwarded along with the Chief Minister's recommendation
• Once the appointment is approved by the President, the Department of Justice informs the chief justice of the High Court. The selected candidate must provide a physical fitness certificate and date of birth certificate
• A copy of the communication is also sent to the Chief Minister of the state.