High Courts of India
The High Court serves as the paramount judicial authority within each state in India, standing as the second-highest judicial body in the country, following the Supreme Court of India. With a total of 25 High Courts established across various states, it holds immense significance for UPSC 2022 exam aspirants, encompassing essential aspects of the Indian Judiciary.
This comprehensive article provides crucial insights into the High Court in India, covering its powers, establishment, the appointment process of judges, and its jurisdiction. For a more detailed understanding and convenient revision, candidates can also download the High Court notes in PDF format, facilitating effective preparation for the upcoming UPSC exam. Stay tuned for an in-depth exploration of the High Court’s role and functions, ensuring a thorough grasp of this vital component in the realm of Indian governance and law.
There are currently 25 High Courts in India, and a detailed list can be found in the linked article. The establishment of High Courts traces back to the Indian High Courts Act of 1861, passed in response to the Law Commission’s recommendation. This Act replaced the then-existing Supreme Court and Sadar Adalat with High Courts in Calcutta, Madras, and Bombay. Calcutta High Court became the inaugural High Court in the country following the enactment of the charter in May 1862.
The objective behind this legislative move was to create separate judicial bodies for distinct regions. Specific rules and eligibility criteria for appointing judges in High Courts were introduced. Post-independence, Article 214 of the Indian Constitution mandated that each Indian state must have its own High Court.
The legal system underwent a substantial transformation after independence, with a shift from British-created laws to those outlined in the Indian Penal Code. This historical evolution is crucial for exam preparation, offering insights into the development of India’s legal framework and constitutional provisions.
The newest High Court in India is the High Court of Andhra Pradesh. It was established on January 1, 2019, making Andhra Pradesh the most recent state to have its own High Court.
The composition of High Courts in India has undergone changes over time. Under British rule, each High Court had a Chief Justice and a maximum of 15 other puisne judges. However, certain modifications were introduced:
- Appointment of Chief Justice: Every High Court now has a Chief Justice appointed by the President.
- Flexible Number of Judges: Unlike before, there is no fixed number of judges for each High Court. The number of judges can vary.
- Appointment of Additional Judges: Additional Judges can be appointed to expedite the resolution of pending cases. However, their tenure cannot exceed more than two years.
- Age Limit: Notably, individuals above the age of 62 years cannot be appointed as High Court Judges.
- Varied Composition: There is no uniformity among High Courts regarding the number of judges. Smaller states may have fewer judges compared to larger states, reflecting a proportional representation based on the state’s size and caseload.
Understanding the structure and dynamics of the High Courts is crucial for those preparing for exams, especially in the context of changes and variations in their composition over the years.
High Court Jurisdiction:
The High Court, as the apex judicial authority within a state, is bestowed with significant powers and responsibilities, including the interpretation of the Constitution and safeguarding citizens’ Fundamental Rights. Despite the absence of detailed provisions in the Constitution outlining its jurisdiction, the High Court currently exercises various types of jurisdiction:
- Original Jurisdiction:
- In cases falling under original jurisdiction, individuals can directly approach the High Court without the need for an appeal. This jurisdiction commonly applies to matters related to the State Legislative Assembly, marriages, enforcement of fundamental rights, and cases transferred from other courts.
- Power of Superintendence:
- This exclusive power, unique to the High Court, allows it to direct its subordinate offices and courts in matters such as maintaining records, prescribing rules for court proceedings, and determining fees for sheriff clerks, officers, and legal practitioners.
- Court of Record:
- As a court of record, the High Court meticulously records judgments, proceedings, and acts for perpetual memory. The records maintained by the High Court are beyond questioning in any other court. Additionally, the High Court holds the authority to penalize for contempt of itself.
- Control over Subordinate Courts:
- An extension of supervisory and appellate jurisdiction, this facet empowers the High Court to withdraw a case pending before any subordinate court if it involves a substantial question of law. The High Court can either dispose of the case itself or address the legal question and return it to the original court.
- Writ Jurisdiction:
- The High Court is vested with the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the protection of Fundamental Rights and judicial review.
- Appellate Jurisdiction:
- Serving as the highest court of appeal within the state, the High Court hears appeals from lower courts, tribunals, and other authorities.
- Supervisory Jurisdiction:
- This jurisdiction involves overseeing the functioning of subordinate courts, ensuring adherence to prescribed procedures and rules.
- Power of Judicial Review:
- The High Court holds the power of judicial review, allowing it to examine the constitutionality of laws, actions, or decisions, ensuring they align with the Constitution.
Understanding the diverse dimensions of High Court jurisdiction is crucial for legal practitioners and those preparing for exams, providing a comprehensive grasp of its role in the Indian judicial system.
Appellate Jurisdiction:
- Civil Jurisdiction: In cases challenging orders and judgments of district courts, civil district courts, and subordinate courts.
- Criminal Jurisdiction: Pertains to judgments and orders of sessions courts and additional sessions courts.
Power of Judicial Review:
- High Court possesses the authority to scrutinize the constitutionality of legislative and executive orders from both central and state governments. Although the term “judicial review” is not explicitly mentioned in the Constitution, Article 13 and Article 226 explicitly grant this power to the High Court.
Writ Jurisdiction of High Court (Article 226):
- Empowers the High Court to issue writs, including habeas corpus, mandamus, certiorari, prohibition, and quo warranto, ensuring the enforcement of citizens’ fundamental rights and any other legal rights. The High Court can issue writs beyond its territorial jurisdiction if the cause of action arises within its territorial jurisdiction (15th Constitutional Amendment Act of 1963).
Writs Issued under Article 226:
- Habeas Corpus: Ensures the release of a person detained unlawfully.
- Mandamus: Commands a public official to perform a duty.
- Certiorari: Orders the quashing of a decision by an inferior court.
- Prohibition: Halts proceedings in a lower court.
- Quo Warranto: Inquires into the legality of a person holding a public office.
Writ Jurisdiction as Basic Structure:
- In the Chandra Kumar case (1997), the Supreme Court asserted that the writ jurisdiction of both the High Court and the Supreme Court is an integral part of the basic structure of the Constitution. This implies that it cannot be ousted or excluded, even through constitutional amendments.
Shah Faesal’s Case:
- In Shah Faesal’s Case, the justification lies in the cause of action occurring in Delhi, and then the individual being taken outside the territorial jurisdiction of Delhi. This reinforces the High Court’s authority to issue writs beyond its territorial boundaries if the cause of action originates within its jurisdiction.
- High Court in India for UPSC Exam: The High Court in India is a crucial topic for various government exams, including UPSC. To understand its powers and functions, candidates can refer to the linked article.
- Appointment of High Court Judges:
- A High Court Judge is appointed by the President of India, who holds sole responsibility for such appointments.
- Consultation may take place with the Governor of the State, the acting Chief Justice of India, and the Chief Justice of the particular state’s High Court.
- The Chief Justice of India has the authority to transfer judges between High Courts, a decision made to ensure fair and just trials.
- Eligibility Criteria for High Court Judge: There are specific eligibility criteria for the appointment of High Court judges:
- Qualifications:
- Barrister for more than five years.
- Civil servant for over 10 years, with a minimum of 3 years’ service in the Zila court.
- Pleader for over 10 years in any High Court.
- Age Limit: No judge should be over 62 years of age.
- Statewise High Courts:
- Every state is mandated to have a separate High Court. However, certain states share a common High Court. For instance, Punjab and Haryana fall under the jurisdiction of the Punjab High Court in Chandigarh.
- Additionally, seven states—Assam, Nagaland, Manipur, Tripura, Meghalaya, Arunachal Pradesh, and Mizoram—share a common High Court.
- Understanding the intricacies of High Court appointments and the eligibility criteria is essential for aspirants preparing for competitive exams, providing insights into the judicial system’s functioning in India.
