High Courts in India
The judiciary in a state consists of a High Court and a hierarchy of subordinate courts. The High Court occupies the top position in the judicial administration of a state. It is the second highest court in India, right after the Supreme Court of India. Article 214 of the Indian Constitution states that “There shall be a High Court for each State”.
The institution of the High Court originated in India in 1862, the first ones being set up at Calcutta, Bombay, and Madras.
The 7th Amendment Act of 1956 authorised the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory.
India currently has 25 High Courts, 6 of which have jurisdiction over more than one State or Union Territory.
Among the nine Union Territories, Delhi alone has a separate High Court ( Since 1966 ).
Table of Content💻
Composition and Appointment ( Article 216 - 217 )
The Constitution does not specify the strength of a High Court. Hence it is left to the discretion of the President. ( Article 216 )
To be appointed as a judge of a High Court, a person should have the following qualifications: ( Article 217 )
He should be a citizen of India;
He should have held a judicial office in the territory of India for 10 years; or
He should have been an advocate of a High Court ( or High Courts in succession ) for 10 years.
Once appointed as a judge, he holds his office until the age of 62 years.
The Judges Enquiry Act ( 1968 ) regulates the procedure relating to the removal of a judge of a High Court by the process of impeachment.
Acting, Additional and Retired Judges
Acting Chief Justice ( Article 223 )
The president can appoint a judge of a High Court as an acting Chief Justice of the High Court when:
The office of Chief Justice of the High Court is vacant; or
The Chief Justice of the High Court is temporary absent; or
The Chief Justice of the High Court is unable to perform the duties of his office.
Additional and Acting Judges ( Article 224 )
The President can appoint duly qualified persons as additional judges of a High Court for a temporary period not exceeding two years when:
There is a temporary increase in the business of the HIgh Court; or
There are arrears of work in the High Court.
The President can also appoint a duly qualified person as an acting judge of a High Court when a judge of a High Court ( other than the Chief Justice) is:
Unable to perform the duties of his office due to absence or any other reason; or
Appointed to act temporarily as Chief Justice of that High Court.
An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office post their retiring age of 62 years.
Retired Judges ( Article 224A )
At any time, the Chief Justice of a High Court of a State can request a retired judge of that High Court or any other High Court to act as a judge of the High Court of that state for a temporary period.
Jurisdiction and Powers of a High Court
At present, a High Court enjoys the following powers and jurisdictions:
Original Jurisdiction
Writ Jurisdiction
Appellate Jurisdiction
Supervisory Jurisdiction
Control over subordinate courts
A Court of record
Power of Judicial Review
The powers and jurisdiction of the High Court are governed by:
The Constitutional provisions
The letters patent
The Acts of Parliament
The Acts of State Legislature
Indian Penal Code, 1860
Criminal Procedure Code, 1973
Civil Procedure Code, 1908
Original Jurisdiction ( Article 225 )
It means the power of a High Court to hear disputes in the first instance, not by way of appeal. It extends to the following:
Matters of admiralty (cases concerning ships or the sea) and contempt of Court.
Disputes relating to the election of members of Parliament and State Legislatures.
Regarding revenue matters or an act ordered or done in revenue collection.
Enforcement of fundamental rights of citizens
The four High Courts ( i.e., Calcutta, Bombay, Madras, and Delhi High Courts) have original Civil Jurisdiction in cases of Higher Value.
Writ Jurisdiction ( Article 226 )
Article 226 of the Indian Constitution empowers a High Court to issue writs including Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto for the enforcement of the fundamental rights of the Indian Citizens and also for the enforcement of an ordinary legal right.
The Writ Jurisdiction of the High Court ( Under Article 226 ) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court ( Under Article 32 ).
In the Chandra Kumar Case (1997), the Supreme Court ruled that the writ jurisdiction of both the High Court and the Supreme Court constitute a part of the basic structure of the Constitution.
Appellate Jurisdiction
It is primarily a court of appeal. It hears appeals against the judgements of subordinate courts functioning in its territorial jurisdiction.
Hence, the Appellate Jurisdiction of a High Court is wider than its original jurisdiction.
Civil Matters
First appeals from the orders and judgements of the district courts, additional district courts, and other subordinate courts lie directly to the High Court, on both questions of law and fact, if the amount exceeds the stipulated limit.
Second appeals from the orders and judgements of the district court or other subordinate courts lie to the High Court in the cases involving questions of law only ( and not questions of fact ).
The Calcutta, Bombay, and Madras High Courts have provisions for intra court appeals. When a single judge of the High Court has decided a case ( either under the original or appellate jurisdiction of the High Court ), an appeal from such a decision lies to the division bench of the same High Court.
Appeals from the decisions of the administrative and other tribunals lie to the division bench of the State High Court. In 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the High Courts. Consequently, it is not possible for an aggrieved person to approach the Supreme Court directly against the decisions of the tribunals, without first going to the High Court.
Criminal Matters
Appeals from the judgments of Sessions Court and Additional Sessions Court lie to the High Court if the sentence is one of imprisonment for more than 7 years. It should also be noted here that a death sentence/capital punishment awarded by a Sessions Court or an Additional Sessions Court must be confirment by the High Court before it can be executed, whether there is an appeal by the convicted person or not.
In some cases specified in various provisions of the Criminal Procedure Code ( 1973 ), the appeals from the judgments of the assistant Sessions Judge, Metropolitan Magistrate or other Magistrates ( Judicial ) lie to the High Court.
Supervisory Jurisdiction ( Article 227 )
A High Court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction ( except military courts or tribunals ). Thus, it may:-
Call for returns from them;
Make and issue, general rules and prescribe forms for regulating the practice and proceedings for them;
Prescribe forms in which books, entries, and accounts are to be kept by them; and
Settle the fees payable to the Sheriff, Clerks, Officers, and Legal Practitioners of them.
This power of Superintendence of a High Court is very broad because.
It extends to all Courts and tribunals whether they are subject to the appellate jurisdiction of the High Court or not;
It covers not only administrative superintendence but also judicial superintendence;
It is a revisional jurisdiction; and
It can be suo-moto ( on its own ) and not necessarily on the application of a party.
It is an extraordinary power and hence has to be used most sparingly and only in appropriate cases. Usually, it is limited to,
Excess of jurisdiction,
Gross violation of natural justice,
Error of law
Disregard to the law of superior courts
Perverse findings
Manifest injustice
Control over Subordinate Courts ( Article 233 - 237 )
A High Court also has administrative control and other powers over them. These include the following:
It is consulted by the Governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the State ( other than district judges ).
It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial services of the state ( other than district judges ).
It can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. It can either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgement.
Its law is binding on all subordinate courts functioning within its territorial jurisdiction in the same sense as law declared by the Supreme Court is binding on all courts in India.
A Court of Record ( Article 215 )
As a Court of Record, a High Court has two powers:
The Judgements, proceedings, and acts of the High Courts are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any subordinate court. They are recognised as legal precedents and legal references.
It has power to punish for contempt of court, either with simple imprisonment or with fine or with both.
Note: However, innocent publication and distribution of some matter, fair and accurate report of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary do not amount to contempt of court.
As a court of record, a High Court also has the power to review and correct its own judgement or order or decision.
Power of Judicial Review ( Article 13 and 226 )
Judicial review is the power of a High Court to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments.
Though the phrase “Judicial Review” has nowhere been used in the Constitution, the provisions of Article 13 and 226 explicitly confer the power of judicial review of a High Court.
The Constitutional validity of a legislative enactment or an executive order can be challenged in a High Court on the following three grounds:
It infringes the fundamental rights ( Part III ),
It is outside the competence of the authority which has framed it, and
It is repugnant to the constitutional provisions.
Articles related to High Court
Article Number | Subject Matter |
|---|---|
214 | High Courts for States |
215 | High Courts to be Court of Record |
216 | Constitution of High Courts |
217 | Appointment and conditions of a judge of a High Court |
218 | Application of certain provisions relating to Supreme Court to High Courts. |
219 | Oath or affirmation by judges of High Courts. |
220 | Restriction on practice after being a permanent judge. |
221 | Salaries etc, of judges |
222 | Transfer of a judge from one High Court to another. |
223 | Appointment of acting Chief Justice |
224 | Appointment of additional and acting judges |
224A | Appointment of retired judges at sittings of High Court. |
225 | Jurisdiction of existing High Courts. |
226 | Power of High Court to issue certain writs. |
227 | Power of Superintendence over all courts by High Court. |
228 | Transfer of certain cases to High Court. |
229 | Officers and servants and the expenses of High Courts. |
230 | Extension of jurisdiction of High Court to Union Territories. |
231 | Establishment of a common High Court for two or more States. |
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