The High Court

Constitutional Position of High Court

• The High Court is the Highest Court in a State and the Head of the State Judiciary.
• It functions as the Constitutional Court for the State.
• Every State has a High Court, though two or more States/UTs may have a Common High Court. (Arts. 214 & 231)

Composition of High Court

A High Court consists of:

• • Chief Justice
  • Such number of Other Judges as the President may deem necessary. (Art. 216)

Appointment of High Court Judges

Appointment

• Every Judge of a High Court is appointed by the President of India. (Art. 217)

Consultation Process

The President appoints a Judge after consulting:

• • Chief Justice of India (CJI)
  • Governor of the concerned State
  • Chief Justice of the concerned High Court

Exam Note: In practice, appointments are made through the Collegium System, evolved through the Second Judges Case (1993) and Third Judges Case (1998).

Qualifications of a High Court Judge (Art. 217(2))

A person is eligible if he/she:

• Is a Citizen of India.
• Has held a Judicial Office in India for at least 10 years, OR
• Has been an Advocate of one or more High Courts for at least 10 years.

Important Correction

• The Constitution does not prescribe any minimum or maximum age as a qualification.
• The statement “Not above 62 years of age” is incorrect. The age of 62 years relates only to retirement, not eligibility.

Oath of Office (Art. 219)

Before entering office, every Judge takes an oath before the Governor of the State, affirming to:

• Bear true faith and allegiance to the Constitution.
• Uphold the Sovereignty and Integrity of India.
• Perform duties without fear or favour, affection or ill-will.
• Uphold the Constitution and the Laws.

Tenure of High Court

A Judge holds office until:

• Attaining the age of 62 years
• Resignation addressed to the President
• Appointment as a Judge of the Supreme Court
• Transfer to another High Court
• Removal by the President through Parliamentary impeachment

Removal of High Court Judges

Grounds of removal (Arts. 217 & 124(4))

A Judge can be removed only on:

• • Proved Misbehaviour
  • Incapacity

Procedure

The procedure is identical to that for the Supreme Court Judges.

Initiation

Motion signed by:

• • 100 Members of Lok Sabha, or
  • 50 Members of Rajya Sabha

Investigation

• Inquiry by a Three-Member Committee under the Judges (Inquiry) Act, 1968.

Parliamentary Approval

Requires Special Majority in both Houses:

• • Majority of the Total Membership, and
  • Two-thirds of the Members Present and Voting.

Final Order

• Removal becomes effective only after the President issues the Order of Removal.

Transfer of Judges (Art. 222)

Authority

• The President may transfer a Judge from one High Court to another.

Consultation

• Done after consultation with the Chief Justice of India.

Acting & Additional Judges

Acting Chief Justice (Art. 223)

Appointed when:

• • Office of the Chief Justice is vacant, or
  • The Chief Justice is unable to perform duties.

Additional Judges (Art. 224)

Appointed for:

• • Temporary increase in workload.
  • Backlog of pending cases.

Maximum tenure: 2 Years

Retired Judges (Art. 224A)

• The Chief Justice of a High Court, with the President’s consent, may request a Retired Judge to sit and act as a Judge of the High Court.

Salaries & Allowances

• Salaries and allowances are charged upon the Consolidated Fund of the State. (Art. 202(3)(d))
• They cannot be varied to the disadvantage of a Judge after appointment, except during a Financial Emergency.

Post-Retirement Practice (Art. 220)

A Permanent Judge:

    Cannot Practise

• • Before the same High Court.
  • Before Courts subordinate to that High Court.

    May Practise

• • Before the Supreme Court.
  • Before Other High Courts.

Jurisdiction of the High Court

Original Jurisdiction

The High Court exercises Original Jurisdiction in matters relating to:

• • Election Petitions
  • Company Law
  • Admiralty Matters
  • Probate & Testamentary Cases
  • Marriage & Divorce
  • Certain Civil Disputes under State laws

Writ Jurisdiction (Art. 226)

The High Court may issue:

• • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto

Scope

Article 226 is wider than Article 32 because writs may be issued for:

• • Enforcement of Fundamental Rights
  • Enforcement of Other Legal Rights

Appellate Jurisdiction

The High Court hears appeals from:

• • District Courts
  • Sessions Courts
  • Family Courts
  • Tribunals
  • Other Subordinate Courts

Supervisory Jurisdiction (Art. 227)

The High Court exercises superintendence over:

• • All Courts
  • All Tribunals

within its territorial jurisdiction (except Armed Forces Tribunals).

Court of Record (Art. 215)

The High Court is a Court of Record.

It has power to:

• • Preserve judicial records permanently.
  • Punish for Contempt of Court.

Control over Subordinate Judiciary (Art. 235)

The High Court exercises administrative control over:

• District Judges
• Civil Judges
• Judicial Magistrates

including:

• Posting
• Promotion
• Confirmation
• Leave
• Disciplinary Proceedings

Administrative Powers

The High Court has authority to:

• Frame Rules of Court Procedure.
• Regulate Subordinate Courts.
• Inspect Subordinate Courts.
• Manage recruitment and service conditions of its staff. (Art. 229)

High Courts in India 

Separate High Courts

• Allahabad (Uttar Pradesh)
• Andhra Pradesh
• Chhattisgarh
• Delhi
• Gujarat
• Himachal Pradesh
• Jammu & Kashmir and Ladakh
• Jharkhand
• Karnataka
• Kerala & Lakshadweep
• Madhya Pradesh
• Manipur
• Meghalaya
• Odisha
• Patna (Bihar)
• Rajasthan
• Sikkim
• Tripura
• Uttarakhand

Important Benches of High Court

• Bombay HC: Nagpur, Aurangabad, Panaji
• Calcutta HC: Port Blair
• Gauhati HC: Kohima, Aizawl, Itanagar
• Karnataka HC: Dharwad, Kalaburagi
• Madras HC: Madurai
• Madhya Pradesh HC: Indore, Gwalior
• Allahabad HC: Lucknow
• Rajasthan HC: Jaipur

Constitutional Articles associated with High Courts

High Court vs Supreme Court