HIGH COURTSCentral

Section 35 of The Andhra State Act, 1953 in hindi

Powers of Judges.

The law in force immediately before the prescribed day relating to the powers of the Chief Justice, single Judges and Division Courts of the High Court at Madras and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Andhra.

Summary

The law in force immediately before the prescribed day relating to the powers of the Chief Justice of the Madras High Court applies to the High Court of Andhra, with necessary modifications.
The law relating to the powers of single Judges and Division Courts of the Madras High Court also applies to the High Court of Andhra, with necessary modifications.
The laws regarding all matters ancillary (supporting or secondary) to the exercise of those powers apply to the High Court of Andhra.

Practical examples

1In December 1953, Chief Justice Subba Rao of the High Court of Andhra needed to constitute a bench to hear a major constitutional challenge. Under Section 35, he exercised the exact same administrative powers to assign judges and manage benches that the Chief Justice of the Madras High Court possessed before the prescribed day.

2Justice Reddy, sitting as a single Judge in the High Court of Andhra, had to decide whether he had the jurisdiction to hear a certain revision petition alone. Under Section 35, he looked at the pre-existing Madras law to confirm that a single Judge indeed had the power to decide such matters, allowing him to proceed with the hearing.

FAQ

1. Who are the "single Judges" and "Division Courts" mentioned in Section 35?

A "single Judge" is a court bench consisting of one judge. A "Division Court" (often called a Division Bench) consists of two or more judges sitting together to hear a case.

2. How are the judicial and administrative powers of the Chief Justice of Andhra determined?

They are governed by the law in force immediately before the prescribed day regarding the powers of the Chief Justice of the High Court at Madras, with necessary modifications.

3. Does this section cover administrative matters related to judicial powers?

Yes, it applies to "all matters ancillary to the exercise of those powers," which means supporting administrative or procedural matters are also covered.

Test yourself

1.Under Section 35 of The Andhra State Act, 1953, whose pre-existing powers serve as the legal model for the Judges of the High Court of Andhra?

2.Under Section 35 of The Andhra State Act, 1953, which of the following groups has their powers regulated by applying pre-existing Madras law?

3.Under Section 35 of The Andhra State Act, 1953, what is the scope of the pre-existing laws being applied to the Andhra High Court's judicial powers?

4.Under Section 35 of The Andhra State Act, 1953, if a single Judge of the High Court of Andhra wants to exercise a power, what must they do?

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