High Court ( Important for APSC)

The High Court, often considered the apex judicial authority within a state, serves as an instrumental component of the Indian legal system. Following the Supreme Court of India, it holds the distinction of being the nation’s second-highest court. India boasts a network of 25 High Courts, strategically distributed across the length and breadth of the country, each contributing significantly to the administration of justice.

High Court are pivotal to the Indian legal landscape, as they play a vital role in ensuring the effective and efficient delivery of justice within their respective states. Their jurisdiction covers a broad spectrum of civil, criminal, and constitutional matters, making them the primary adjudicating bodies for legal disputes originating within their territorial boundaries.

These courts are vested with the power to interpret and enforce both state and federal laws, making them crucial in upholding the rule of law and protecting the rights and liberties of Indian citizens. High Court judges, appointed with great scrutiny and based on their legal acumen and experience, bear the responsibility of delivering fair and impartial judgments that set legal precedents and guide the nation’s legal framework.

Furthermore, High Courts often act as custodians of the Constitution and serve as a check on the exercise of executive and legislative authority, ensuring that government actions are in harmony with the principles enshrined in India’s Constitution. Through their landmark decisions, they contribute to the evolution and refinement of legal principles, which, in turn, influence the legal landscape of the entire nation.

In addition to their pivotal role in jurisprudence, High Courts are vital in maintaining the delicate balance of power and federalism within India’s complex governance structure. They serve as the final appellate authorities for cases originating in their respective states and hold the power to scrutinize the actions and decisions of lower courts.

High Courts – Historical Background

• The State Judiciary in India consists of High Courts and subordinate courts, collectively responsible for dispensing justice.
• The origins of High Courts in India trace back to the Indian High Courts Act of 1861, which proposed the establishment of High Courts in place of the Supreme Court in the Presidencies of Calcutta, Madras, and Bombay. This proposal received approval in 1858, based on recommendations by the Law Commission.
•  The year 1862 marked the issuance of charters for the High Courts of Calcutta, Madras, and Bombay. Consequently, the Calcutta High Court became the first High Court in India.
• The Constitution of India provides the fundamental framework for the structure and operations of High Courts, establishing their roles and responsibilities within the legal system.
• Presently, India boasts a total of 25 High Courts serving the legal needs of 28 states and 8 Union Territories.
• A significant addition to this landscape is the High Court of Andhra Pradesh, which was established on January 1, 2019. This development underscores the dynamic nature of India’s legal system, adapting to the evolving demands of its states and territories.

High Courts – Constitutional Provisions

• Article 214 of the Indian Constitution mandates the presence of a High Court in every state.

• According to Article 231, the Indian Parliament holds the authority to establish a unified High Court serving two or more states.

Powers and Functions of the High Court

• The High Court holds the highest judicial authority within an Indian state, as per the country’s legal framework.
• Articles 214 to 231 in the Indian Constitution are dedicated to delineating the High Courts’ structure, organization, and jurisdiction.\Parliament possesses the legislative power to establish a single High Court serving two or more states, as indicated in the Constitution.
• An example of this is the common High Court shared by Haryana, Punjab, and the Union Territory of Chandigarh. Similarly, the northeastern states also have a shared High Court. Additionally, Tamil Nadu and Puducherry jointly utilize a High Court.
• Currently, there exist 25 High Courts in India, each playing a pivotal role in administering justice and upholding the rule of law.

List of High Courts in India
Year of Establishment	High Court	Act of Establishment	Territorial Jurisdiction	Seat and Bench
1862	Bombay	Indian High Courts Act, 1861	Maharashtra, Dadra & Nagar. Haveli, Daman Diu, and Goa	Seat: MumbaiBench: Panaji, Aurangabad, and Nagpur
1862	Kolkata	Indian High Courts Act, 1861	West Bengal, Andaman & Nicobar islands	Seat: KolkataBench: Port Blair
1862	Madras	Indian High Courts Act, 1861	Tamil Nadu, Pondicherry	Seat: ChennaiBench: Madurai
1866	Allahabad	Indian High Courts Act, 1861	Uttar Pradesh	Seat: AllahabadBench: Lucknow
1884	Karnataka	Mysore High Court Act, 1884	Karnataka	Seat: BengaluruBench: Dharwad and Gulbarga
1916	Patna	Letters Patent issued by the then British Crown Rule	Bihar	Patna
1948	Guwahati	Government of India Act, 1935	Assam, Nagaland, Mizoram, and Arunachal Pradesh	Seat: GuwahatiBench: Kohima, Aizawl, and Itanagar
1949	Odisha	Orissa High Court Ordinance, 1948	Odisha	Cuttack
1949	Rajasthan	Punjab High Court Ordinance, 1947	Rajasthan	Seat: JodhpurBench: Jaipur
1956	Madhya Pradesh	Government of India Act, 1935	Madhya Pradesh	Seat: JabalpurBench: Gwalior and Indore
1958	Kerala	States Reorganisation Act, 1956	Kerala & Lakshadweep	Ernakulam
1960	Gujarat	Bombay Reorganisation Act, 1960	Gujarat	Ahmedabad
1966	Delhi	Delhi High Court Act, 1966	Delhi	Delhi
1971	Himachal Pradesh	State of Himachal Pradesh Act, 1970	Himachal Pradesh	Shimla
1975	Punjab & Haryana	Punjab High Court Ordinance, 1947	Punjab, Haryana & Chandigarh	Chandigarh
1975	Sikkim	The 36th Amendment to the Indian Constitution	Sikkim	Gangtok
2000	Chattisgarh	Madhya Pradesh Reorganisation Act, 2000	Chattisgarh	Bilaspur
2000	Uttarakhand	Uttar Pradesh Reorganisation Act, 2000	Uttarakhand	Nainital
2000	Jharkhand	Bihar Reorganisation Act, 2000	Jharkhand	Ranchi
2013	Tripura	North-Eastern Areas (Reorganisation) and Other Related Acts (Amendment), 2012	Tripura	Agartala
2013	Manipur	North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012	Manipur	Imphal
2013	Meghalaya	North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012	Meghalaya	Shillong
2019	Telangana	Andhra Pradesh Reorganisation Act, 2014	Telangana	Hyderabad
2019	Andhra Pradesh	Andhra Pradesh Reorganisation Act, 2014	Andhra Pradesh	Amravati
2019	Jammu & Kashmir and Ladakh	–	Jammu and Kashmir, Ladakh	–

Appointment of High Court Judges

•  High Court Judges in India are appointed by the President.

• However, this appointment process involves a consultation with key stakeholders, including the Chief Justice of India, the Governor of the respective state, and the Chief Justice of the High Court concerned. This consultation is mandatory when appointing Judges for High Courts, excluding the Chief Justice.

• Furthermore, Article 222 of the Constitution empowers the President to transfer High Court Judges, a decision reached after consulting with the Chief Justice of India.

Tenure and Removal of Judges of High Courts

• A permanent High Court Judge serves until reaching the age of 62.
• Any disputes regarding a Judge’s age are resolved by the President in consultation with the Chief Justice of India, with the President’s decision being final.
• Judges do not serve at the pleasure of the President.
• Judges can be removed from office only by a Presidential order on the recommendation of Parliament, based on grounds of misbehavior or incapacity. 

Salaries

• Judges of High Courts are entitled to allowances and rights as determined by Parliament, in terms of leave of absence and pension. These entitlements cannot be changed to their disadvantage after appointment.

Oath

• High Court Judges must take an oath or affirmation before the Governor of the State before assuming office.

Qualifications

•  To be appointed as a High Court Judge, an individual must be an Indian citizen and have served in a judicial capacity in India for at least ten years. They must also have worked as an advocate in a High Court or two or more such Courts in succession for at least 10 years.

Jurisdiction and Powers of High Courts

• High Courts’ jurisdiction typically aligns with a state’s territorial boundaries. However, if Parliament establishes a High Court for multiple states or extends its jurisdiction to Union Territories, the High Court’s authority encompasses those areas.
•  The Constitution does not comprehensively define High Courts’ jurisdiction, powers, and administrative matters.
• Original jurisdiction is primarily held by the High Court of Presidency Towns, while other High Courts mainly serve as appellate courts. Original jurisdiction remains in select areas like admiralty, probate, matrimonial, and contempt of court.
• Appellate jurisdiction is exercised by all High Courts, hearing appeals in civil and criminal matters from both lower courts and their original side. Intra-court appeals are allowed in some High Courts.
• High Courts do not have jurisdiction over tribunals governing the country’s military services.

Writ Jurisdiction

High Courts, in accordance with Article 226 of the Constitution, possess the authority to issue directives, orders, or writs to enforce Fundamental Rights and for other specified purposes.

The differences between the Writ Jurisdiction of the Supreme Court and High Courts:

Supreme Court	High Court
The Supreme Court can only issue writs when a fundamental right has been violated.	High Courts can issue writs for both fundamental rights enforcement and ordinary legal rights of citizens. Hence jurisdiction of the High Court is more than the Supreme Court.
Under Article. 32, the Supreme Courts are required to issue writs.	The High Courts may or may not use their writ jurisdiction to offer relief to the aggrieved person
The Supreme Court’s territorial authority encompasses the entire country.	The territorial jurisdiction of the High Courts is limited

Control Over Staff (Article 229)

• High Courts exercise full control over their staff members.
• The Chief Justice of a High Court holds the authority to appoint officers and personnel, determine their working conditions, and even terminate their employment.

Superintendence Over Subordinate Courts (Article 227)

• High Courts, as the highest judicial authority within a state, possess the power of superintendence and control over all subordinate courts concerning both judicial and administrative matters.

Court of Record for Subordinate Courts

• Decisions made by High Courts serve as binding precedents for lower courts.
• All future cases refer to the procedures and judgments set by High Courts.
• High Courts have the authority to take punitive actions against those who defy their orders and those of subordinate courts.
• They also have the ability to review the records of subordinate courts.

 Superintendence Over All Courts (Except those dealing with the Armed Forces)

•    High Courts can supervise and oversee all courts and tribunals operating within their territorial jurisdiction.
•  They manage and administer the functioning of these courts, establishing rules and regulations for their operation.

Power to Issue Directives

• High Courts have the power to:
• Require lower courts to provide their findings.
• Establish and issue general rules governing the proceedings of these courts, including specifying necessary forms.
•  Prescribe the forms in which the officers of these courts must maintain their records and accounts.
• Facilitate the transfer of cases from one court to another.

Rules and Regulations for Lower Court Personnel (Article 235)

• High Courts can set rules and regulations concerning the appointment, demotion, and leaves of absence for officers within lower courts.

Power of Judicial Review (Articles 13 and 226)

• High Courts possess the authority to review the constitutionality of legislative and executive orders issued by both central and state governments.
• Though the term “judicial review” is not explicitly mentioned in the constitution, it is explicitly granted to High Courts by Articles 13 and 226.

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