The High CourtS

The High Court

• The highest judicial court in a state is the High
Court. It is termed as the second-highest in
the country after the Supreme Court of India.
Currently, India has 25 High Courts established
in different states of the country. As a vital
part of the Indian Judiciary,
How many High Courts are there in India?
• There are 25 High Courts in India.
• It was in 1858 when on the recommendation of the Law Commission, the
Parliament passed the Indian High Courts Act 1861 which suggested the
establishment of High Courts in place of Supreme Court in three Presidencies:
Calcutta, Madras, and Bombay. The Charter of High Court of Calcutta was
ordered in May 1862 and that of Madras and Bombay were order in June 1862.
Thereby, making the Calcutta High Court the first High Court of the country.
• The reason for the implementation of this act was the need for a separate
judiciary body for different states. The British Government, therefore, decided
to abolish the then-existing Supreme Court and Sadar Adalat and replaced it
with High Court.
• Certain rules and eligibility criteria were set for the appointment of a Judge in
any High Court and later after independence as per Article 214 of the Indian
Constitution, it was declared that every Indian state must have their own High
Court.
• The British-created laws were different from the ones that were stated in the
Indian Penal code and the entire legal system of the country changed after the
independence of the country.
Which is the Newest High Court of India?
• Andhra Pradesh is the recent state to have the High Court. High Court
was established in Andhra Pradesh on 1st January 2019.
• Constitution of High Court – Under British rule, each High Court has a
Chief Justice and maximum 15 other puisne judges. But later certain
changes were brought about in the composition of the High Court in
India:
• Every High Court shall have a Chief Justice appointed by the President
• Unlike before, there was no fixed number of Judges who could be
appointed for each High Court
• Additional Judges can also be appointed for the clearance of cases
pending in the court. But their tenure cannot exceed more than two
years
• One thing that must be noted is that no one above the age of 62 years
can be appointed as a High Court Judge. There is no uniformity among
the High Courts regarding the number of Judges they will have. A
 How is a High Court Judge Appointed

• A High Court Judge is appointed by the President of India.

He is solely responsible for the appointment of any judge
in a High Court. However, he may consult the Governor of
the State, the acting Chief Justice of India and Chief Justice
of that particular state’s High Court.
• A High Court judge is also liable to get transferred to other
High Courts. This decision is entirely dependent on the
Chief Justice of India. Transfer of judges is done with an
aim to ensure proper and just trial for every case fought in
the court of law.
 Eligibility Criteria for High Court Judge
• There are certain eligibility criteria that need to be fulfilled to be appointed as
a judge in any High court in India. Given below are the set of eligibility criteria
mandatory for the appointment of High Court judges:
• Any of the given qualifications must be fulfilled:
– The person should have been a Barrister for more than five years
– Has been a civil servant for over 10 years along with serving the Zila court for at
least 3 years
– A person who has been a pleader for over 10 years in any High Court.
• No judge should be of more than 62 years of age
• The law states that every state must have a separate High Court, however,
there still are certain states that do not have an individual High Court. For
example – both Punjab and Haryana come under the jurisdiction of Punjab
High Court sitting at Chandigarh. Besides, there is a common High Court for
seven states – Assam, Nagaland, Manipur, Tripura, Meghalaya, Arunachal
Pradesh and Mizoram.
 Salary and Perks of High Court Judges

• There has been a massive increase in the salary

paid to a High Court judge. The table below
gives the salary description of a judge in the
High Court:
• Designation- Chief Justice of the High
• Past Salary-90,000
• After Increment2,50,000
• Other Judges of the High Court-80,000
2,40,000
 High Court Jurisdiction

• The High Court is the highest court of appeal in the state vested with the
power to interpret the Constitution. It is the protector of the
Fundamental Rights of the citizens. Besides, it has supervisory and
consultative roles. However, the Constitution does not contain detailed
provisions with regard to the jurisdiction and powers of a high court.
• At present, the following jurisdictions are enjoyed by a High Court-
• Original jurisdiction
• Writ jurisdiction
• Appellate jurisdiction
• Supervisory jurisdiction
• Control over subordinate courts
• A court of record
• Power of judicial review
 The Jurisdiction of High court are as
mentioned below
• Original Jurisdiction – In such kind of cases the applicant can
directly go to the High Court and does not require to raise an
appeal. It is mostly applicable for cases related to the State
Legislative Assembly, marriages, enforcement of fundamental
rights and transfer cases from other courts.
• Power of Superintendence – It a special power enjoyed only
by High Court and no other subordinate court has this power
of superintendence. Under this, the High Court holds the right
to order its subordinate offices and courts the way of
maintaining records, prescribe rules for holding proceedings
in the court and also settle the fees paid to sheriff clerks,
officers and legal practitioners.
 CONT…
• Court of Record – It involves recording the judgments, proceedings and acts
of high courts for perpetual memory. These records cannot be further
questioned in any court. It has the power to punish for contempt of itself.
• Control over Subordinate Courts – This is an extension of the supervisory and
appellate jurisdiction. It states that the High Court can withdraw a case
pending before any subordinate court if it involves the substantial question of
law. The case can be disposed of itself or solve the question of law and return
back to the same court.
• Appellate Jurisdiction – This is for cases where people have risen a complaint
about a review of the judgement given by the district level or subordinate
court of that territory. This power is further divided into two categories:
– Civil Jurisdiction – this includes orders and judgements of the district court, civil
district court and subordinate court
– Criminal Jurisdiction – this includes judgements and orders of the sessions court and
additional sessions court.
 CONT…
• Power of Judicial Review – This power of High Court includes the
power to examine the constitutionality of legislative and executive
orders of both central and state government. It is to be noted that
the word judicial review is nowhere mentioned in our constitution
but the Article 13 and 226 explicitly provide High Court with this
power.
• Writ Jurisdiction of High Court – Article 226 of the Constitution
empowers a high court to issue writs including habeas corpus,
mandamus, certiorari, prohibition, and quo warrento for the
enforcement of the fundamental rights of the citizens and for any
other purpose. Read in detail about the following –
– Habeas Corpus
– Writ of Mandamus
 Powers and Functions of the High Court

• The High Court is the highest court in a state in India. Articles

214 to 231 in the Indian Constitution talk about the High
Courts, their organisation and powers. The Parliament can also
provide for the establishment of one High Court for two or
more states.
• For instance, Haryana, Punjab and the Union Territory of
Chandigarh have a common High Court. The northeastern
states also have one common High Court. In addition, Tamil
Nadu shares a High Court with Puducherry.
• Currently, there are 25 High Courts in India.
• The High Courts of Calcutta, Madras and Bombay were
established by the Indian High Courts Act 1861.
 High Court Jurisdiction
• The various kinds of the jurisdiction of the High Court are briefly given
below:
• Original Jurisdiction
• The High Courts of Calcutta, Bombay and Madras have original
jurisdiction in criminal and civil cases arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled
to hear civil cases which involve property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in
order to enforce fundamental rights.
• With respect to other cases: All High Courts have original jurisdiction in
cases that are related to will, divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.
 Appellate Jurisdiction
• In civil cases: an appeal can be made to the High Court against a
district court’s decision.
• An appeal can also be made from the subordinate court directly if
the dispute involves a value higher than Rs. 5000/- or on a question
of fact or law.
• In criminal cases: it extends to cases decided by Sessions and
Additional Sessions Judges.
– If the sessions judge has awarded imprisonment for 7 years or more.
– If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the
State or federal laws.
• In constitutional cases: if the High Court certifies that a case
involves a substantial question of law.
 High Court Powers

• Apart from the above, the High Courts have several functions and powers which are
described below.
• As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts
for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or
institution.
• Administrative Powers
• It superintends and controls all the subordinate courts.
• It can ask for details of proceedings from subordinate courts.
• It issues rules regarding the working of the subordinate courts.
• It can transfer any case from one court to another and can also transfer the case to
itself and decide the same.
• It can enquire into the records or other connected documents of any subordinate
court.
• It can appoint its administration staff and determine their salaries and allowances,
 Power of Judicial Review
• High Courts have the power of judicial review.
They have the power to declare any law or
ordinance unconstitutional if it is found to be
against the Indian Constitution.
• Power of Certification
• A High Court alone can certify the cases fit for
appeal before the Supreme Court.
 High Court Autonomy
• The independence of the High Courts can be corroborated by the points given
below:
• Appointment of Judges: The appointment of judges of the High Courts lies within
the judiciary itself and is not connected to the legislature or the executive.
• Tenure of the Judges: High Court judges enjoy the security of tenure till the age of
retirement, which is 62 years. A High Court cannot be removed except by an
address of the President.
• Salaries and allowances: The High Court judges enjoy good salaries, perks and
allowances and these cannot be changed to their disadvantage except in case of a
financial emergency. The expenses of the High Court are charged on the
Consolidated Fund of the State, which is not subject to vote in the state legislature.
• Powers: The Parliament and the state legislature cannot cut the powers and
jurisdiction of the High Court as guaranteed by the Constitution.
• Conduct of judges: Unless a motion of impeachment has been moved, the conduct
of the High Court judges cannot be discussed in the Parliament.
• Retirement: After retirement, High Court judges cannot hold an office of
emolument under the Government of India or that of a state. There is an exception
to this clause, however, when, with the consent of the Chief Justice of India,