The High Court is the highest court in a state’s judicial system.
It supervises subordinate courts, hears appeals, protects Fundamental Rights through writs, and exercises judicial review.
The High Court is covered under Part VI of the Constitution, from Articles 214 to 231.
Table of Contents
Origin Of High Courts In India
The origin of High Courts in India goes back to the British period.
- In 1862, High Courts were set up at Calcutta, Bombay and Madras.
- In 1866, the Allahabad High Court was established.
- In 1950, at the commencement of the Constitution, the High Courts existing in provinces became the High Courts for corresponding states.
Constitutional Position
The Constitution provides for a High Court for each state.
However, the 7th Constitutional Amendment Act, 1956 allowed Parliament to establish a common High Court for two or more states or Union Territories.
At present, there are 25 High Courts as per the chapter.
Among Union Territories, Delhi and Jammu & Kashmir and Ladakh combined alone have separate High Courts.
Parliament may:
- Extend the jurisdiction of a High Court to any Union Territory.
- Exclude the jurisdiction of a High Court from any Union Territory.
Composition Of High Court
A High Court consists of:
- One Chief Justice.
- Such other judges as the President may deem necessary to appoint from time to time.
The Constitution does not fix the exact number of judges for a High Court.
Appointment Of High Court Judges
The Collegium System is followed for appointing judges in High Courts.
Appointment Of Chief Justice Of High Court
The Chief Justice of a High Court is appointed by the President after consultation with:
- Chief Justice of India.
- Governor of the concerned state.
Appointment Of Other High Court Judges
Other judges of a High Court are appointed by the President after consultation with:
- Chief Justice of India.
- Governor of the concerned state.
- Chief Justice of the concerned High Court.
Qualifications Of High Court Judges
A person must fulfil the following qualifications to be appointed as a judge of a High Court:
- He must be a citizen of India.
- He must have held a judicial office in India for at least 10 years, or
- He must have been an advocate of a High Court for at least 10 years.
There is no minimum age prescribed in the Constitution for appointment as a High Court judge.
Oath Of High Court Judges
A High Court judge takes oath before the Governor of the state or a person appointed by him.
In the oath, the judge promises to:
- Bear true faith and allegiance to the Constitution of India.
- Uphold the sovereignty and integrity of India.
- Perform duties without fear or favour, affection or ill-will.
- Uphold the Constitution and laws.
Tenure Of High Court Judges
The Constitution does not prescribe a fixed term for High Court judges.
However:
- A judge holds office until he attains the age of 62 years.
- He can resign by writing to the President.
- He can be removed by the President in the same manner and on the same grounds as a Supreme Court judge.
Removal Of High Court Judge
A High Court judge can be removed by the President only after Parliament passes a removal motion.
The grounds of removal are:
- Proved misbehaviour.
- Incapacity.
The procedure is similar to the removal of a Supreme Court judge.
As per the chapter, no judge of the High Court has been impeached so far.
Transfer Of High Court Judges
The President can transfer a judge from one High Court to another after consulting the Chief Justice of India.
Transfer And Third Judges Case, 1998
In the Third Judges Case, 1998, it was held that for transfer of High Court judges, the Chief Justice of India should consult:
- Four senior-most judges of the Supreme Court.
- Chief Justice of the High Court from which the judge is being transferred.
- Chief Justice of the High Court receiving the transferred judge.
Acting Chief Justice
The President may appoint an Acting Chief Justice of a High Court in three situations:
- If the office of Chief Justice is vacant.
- If the Chief Justice is temporarily absent.
- If the Chief Justice is unable to perform his duties.
Additional Judges
The President can appoint a duly qualified person as an Additional Judge of a High Court for a temporary period not exceeding 2 years.
This may be done when:
- There is a temporary increase in the business of the High Court.
- There are arrears of work in the High Court.
Acting Judges
An Acting Judge may be appointed when:
- A judge is unable to perform duties due to absence or any other reason.
- A judge is appointed to act as Chief Justice of that High Court.
Both Additional Judges and Acting Judges cannot hold office after attaining the age of 62 years.
Retired Judges
The Chief Justice of a High Court may request a retired judge of that High Court or any other High Court to act as a judge of the High Court for a temporary period.
This can be done only with:
- Previous consent of the President.
- Consent of the concerned retired judge.
His allowances are determined by the President.
Jurisdiction, Powers And Privileges Of High Courts
The jurisdiction and powers of High Courts are classified into the following categories:
- Original Jurisdiction
- Writ Jurisdiction
- Appellate Jurisdiction
- Supervisory Jurisdiction
- Control over subordinate courts
- Court of Record
- Power of Judicial Review
Original Jurisdiction
High Courts have original jurisdiction in the following matters:
- Matters of admiralty.
- Contempt of court.
- Disputes relating to election of MPs and MLAs or MLCs.
- Revenue matters.
- Fundamental Rights.
- Cases involving interpretation of the Constitution.
The High Courts of Calcutta, Bombay, Madras and Delhi also have original civil jurisdiction in cases of higher value.
Before 1973, the Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction.
Writ Jurisdiction – Article 226
Under Article 226, High Courts have the power to issue writs.
These writs are similar to the writs issued by the Supreme Court under Article 32.
Five Writs
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
High Courts can issue writs for enforcement of Fundamental Rights and for other legal purposes.
Appellate Jurisdiction
High Courts hear appeals in both civil and criminal matters.
Civil Matters
In civil matters:
- First appeals from orders and judgments of subordinate courts lie directly to the High Court on questions of law and fact, if the amount exceeds the stipulated limit.
- Second appeals lie to the High Court only on questions of law.
- The Calcutta, Bombay and Madras High Courts have provisions for intra-court appeals.
- If a single judge of a High Court decides a case, appeal may lie to the Division Bench of the same High Court.
- Appeals from administrative and other tribunals lie to the Division Bench of the High Court.
- Tribunals are subject to the writ jurisdiction of High Courts.
- An aggrieved person cannot directly approach the Supreme Court without first going to the High Court against tribunal decisions.
Criminal Matters
In criminal matters:
- Appeals lie to the High Court if imprisonment is for more than 7 years.
- If capital punishment is awarded by a Sessions Court, it must be confirmed by the High Court before execution.
- This confirmation is required whether or not the convicted person files an appeal.
- In certain cases under CrPC, appeals from Sessions Judge judgments lie to the High Court.
Supervisory Jurisdiction
A High Court has the power of superintendence over all courts and tribunals within its territorial jurisdiction.
However, this power does not extend to military courts or military tribunals.
Control Over Subordinate Courts
The High Court has administrative and judicial control over subordinate courts.
- The Governor consults the High Court in matters of appointment, posting and promotion of District Judges and persons in the judicial service of the state.
- The High Court may withdraw a case from a subordinate court if the case requires interpretation of the Constitution.
- The law declared by a High Court is binding on all subordinate courts within its territorial jurisdiction.
High Court As Court Of Record – Article 215
Under Article 215, every High Court is a Court of Record.
This means:
- Its judgments, records and proceedings have evidentiary value.
- It has the power to punish for contempt of court.
Contempt Of Court
Contempt may be:
- Civil contempt
- Criminal contempt
Civil Contempt
Civil contempt means wilful disobedience of any judgment, order, writ or other process of a court.
Criminal Contempt
Criminal contempt means publication of any matter or doing any act which:
- Scandalises or lowers the authority of a court.
- Prejudices or interferes with judicial proceedings.
- Obstructs the administration of justice in any other manner.
What Does Not Amount To Contempt?
The following do not amount to contempt:
- Innocent publication.
- Distribution of some matter.
- Fair and accurate report of judicial proceedings.
- Fair and reasonable criticism of judicial acts.
- Comments on the administrative side of the judiciary.
Power Of Judicial Review
Under Article 13, if the State makes any law that violates Fundamental Rights, the courts can declare that law null, void or invalid.
The word courts includes both the Supreme Court and High Courts.
42nd And 44th Amendments
The 42nd Constitutional Amendment Act, 1976 curtailed the High Courts’ power by debarring them from considering the constitutional validity of Central laws.
The 44th Constitutional Amendment Act, 1978 restored the original position.
Safeguards Ensuring Independence Of High Courts
The Constitution provides safeguards to ensure the independent and impartial functioning of High Courts.
Mode Of Appointment
High Court judges are appointed by the President in consultation with members of the judiciary.
This helps reduce political or executive influence in judicial appointments.
Security Of Tenure
High Court judges enjoy security of tenure.
They can be removed by the President only in the manner and on the grounds mentioned in the Constitution.
Fixed Service Conditions
The service conditions of High Court judges cannot be changed to their disadvantage after appointment, except during a Financial Emergency.
Expenses Charged On Consolidated Fund
The salaries and allowances of High Court judges are charged on the Consolidated Fund of the State.
They are non-votable by the State Legislature.
However, the pension of a High Court judge is charged on the Consolidated Fund of India, not on the Consolidated Fund of the State.
Bar On Parliamentary Interference
The conduct of High Court judges in the discharge of their duties cannot be discussed in Parliament or State Legislature.
The exception is when an impeachment motion is under consideration by Parliament.
Ban On Post-Retirement Practice
Retired High Court judges cannot plead or act in any court or before any authority in India, except:
- The Supreme Court.
- Other High Courts.
This rule helps prevent judges from favouring anyone in the hope of future professional benefit.
Power To Punish For Contempt
The High Court can punish any person for contempt.
This protects its authority and decisions from obstruction or interference.
Freedom To Appoint Its Staff
The Chief Justice of a High Court can appoint officers and servants of the High Court.
He can also prescribe their service conditions without executive interference.
Protection Of Jurisdiction
Parliament and State Legislature cannot curtail the jurisdiction and powers of High Courts.
However, Parliament can extend the same.
High Court At A Glance
| Topic | Detail |
|---|---|
| Constitutional Part | Part VI |
| Articles | Articles 214–231 |
| First High Courts | Calcutta, Bombay, Madras |
| First High Courts established | 1862 |
| Allahabad High Court | 1866 |
| Common High Court provision | 7th CAA, 1956 |
| Number of High Courts | 25 |
| Appointment of judges | President |
| Retirement age | 62 years |
| Writ jurisdiction | Article 226 |
| Court of Record | Article 215 |
| Judicial review | Article 13 |
| Salaries charged on | Consolidated Fund of State |
| Pension charged on | Consolidated Fund of India |
Important Articles At A Glance
| Article | Subject |
|---|---|
| Article 214 | High Court for each state |
| Article 215 | High Court as Court of Record |
| Article 217 | Appointment and conditions of High Court judges |
| Article 226 | Writ jurisdiction of High Court |
| Article 231 | Common High Court for two or more states |
| Article 348(1) | English as official language for High Courts |
FAQs On High Court In India
Which Part of the Constitution deals with High Courts?
High Courts are covered under Part VI of the Constitution.
Which Articles deal with High Courts?
Articles 214 to 231 deal with High Courts.
Which Article provides for a High Court for each state?
Article 214 provides for a High Court for each state.
When were the first High Courts established in India?
The first High Courts were established in 1862 at Calcutta, Bombay and Madras.
When was Allahabad High Court established?
Allahabad High Court was established in 1866.
How many High Courts are there in India as per the chapter?
The chapter mentions 25 High Courts.
Who appoints High Court judges?
High Court judges are appointed by the President.
Who appoints the Chief Justice of a High Court?
The President appoints the Chief Justice of a High Court after consultation with the Chief Justice of India and the Governor of the concerned state.
What is the retirement age of High Court judges?
High Court judges retire at the age of 62 years.
Which Article gives writ jurisdiction to High Courts?
Article 226 gives writ jurisdiction to High Courts.
Which Article makes High Court a Court of Record?
Article 215 makes every High Court a Court of Record.
Can a High Court punish for contempt?
Yes. A High Court can punish for contempt of court.
What is the appellate jurisdiction of High Court?
High Courts hear civil and criminal appeals from subordinate courts and certain tribunals.
What is supervisory jurisdiction of High Court?
A High Court has superintendence over all courts and tribunals within its territorial jurisdiction, except military courts and tribunals.
Which amendment curtailed High Court power to examine Central laws?
The 42nd Constitutional Amendment Act, 1976 curtailed this power.
Which amendment restored the High Court’s original judicial review position?
The 44th Constitutional Amendment Act, 1978 restored the original position.
Where are salaries of High Court judges charged?
Salaries and allowances are charged on the Consolidated Fund of the State.
Where is the pension of a High Court judge charged?
The pension of a High Court judge is charged on the Consolidated Fund of India.
Last Moment Exam Cheat Sheet – High Court In India
- Part VI – High Courts.
- Articles 214–231 – High Court provisions.
- 1862 – High Courts set up at Calcutta, Bombay and Madras.
- 1866 – Allahabad High Court established.
- Article 214 – High Court for each state.
- 7th CAA, 1956 – Parliament can establish common High Court for two or more states or UTs.
- Number of High Courts – 25 as per chapter.
- Composition – Chief Justice and other judges as President deems necessary.
- Collegium System – Followed for High Court judge appointments.
- Chief Justice appointment – President after consulting CJI and Governor.
- Other judges appointment – President after consulting CJI, Governor and Chief Justice of concerned High Court.
- Qualifications – Citizen of India, 10 years judicial office or 10 years High Court advocate.
- Retirement age – 62 years.
- Removal – Same manner and grounds as Supreme Court judge.
- No High Court judge impeached so far – As per chapter.
- Transfer – President after consulting CJI.
- Third Judges Case, 1998 – CJI consults 4 senior-most Supreme Court judges and Chief Justices of both High Courts.
- Additional Judge – Temporary, maximum 2 years.
- Article 226 – Writ jurisdiction.
- Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- Article 215 – High Court as Court of Record.
- Article 13 – Judicial Review.
- 42nd CAA, 1976 – Curtailed High Court judicial review over Central laws.
- 44th CAA, 1978 – Restored original position.
- Salaries and allowances – Charged on Consolidated Fund of State.
- Pension – Charged on Consolidated Fund of India.
- Retired judges – Cannot practise except in Supreme Court and other High Courts.