High Courts of India

In this article, we will inform you in detail about the High courts of India. So that you can have a good understanding and knowledge about the second-highest courts of our country. But before starting, let’s first discuss the types of courts which are operating in India.

In the Indian Judicial System, there are majorly three types of courts- Supreme Court, High Courts and the Subordinate Courts. The Supreme Court of India or The apex court is the highest court in India where anyone can appeal. It was established under article 124 of the constitution of India. One has the right to appeal in this court against the verdict of the High Court or directly without approaching any court in our country, in case your fundamental rights are violated under article 32. Next on the list is the High Court, which is the second-highest court in the hierarchy of our judicial system. It was established under article 214 of the constitution of India. A citizen can appeal in a High Court against the verdict of a Lower Court or directly without approaching any lower court in case his fundamental rights are violated under article 226. Then comes the Lower Court or Subordinate Courts which are further divided into District and Sessions Courts. However, there are several other courts as well for other purposes like Family Court to sort issues like marriage, divorce, alimony, custody of children, etc. There are some Special courts also set up like CBI Court revenue court etc.

Description of the High Court

There were four Supreme Courts in India during the British period. But in the Act 1862, all the Supreme Courts were abrogated and High Courts were established in that place. The Four High Courts were the High Court of Bombay, Calcutta, Madras, and Allahabad. These are the oldest High Courts. Currently, there are 25 High Courts in India, six of them have control over more than one state or union territory. Commonly there is only one High Court in every State but there can be only one High Court for two or more than two States as well, as stated in Article 231, according to the constitution of India. The works under the High court mainly consist of the cases or appeals from lower courts and summons petitions in terms of Articles 226 and 227 of the constitution.

Jurisdictions of High Courts in India

The powers and jurisdiction of the High courts of India can be classified as:

1. Original Jurisdiction: The applicant can directly approach the High court without any means of appeal in the following cases:

• Disputes related to the parliament or legislative assembly.
• Cases related to marriage, divorce, law, contempt of court, etc.
• Enforcing fundamental rights.
• Cases transferred from other courts involving the question of law.

2. Writ Jurisdiction: Article 226 gives power to the high courts to issue orders or writs. The common writs are:

• Habeas corpus writ
• Mandamus writ
• Prohibition writ
• Quo warranto and certiorari writ.

3. Appellate jurisdiction: The High courts have the power to hear the appeals against the judgment of the subordinate courts of its area.

4. Power of Superintendence: The high court holds power over all the courts except the ones dealing with the armed forces function in a state. This jurisdiction of high courts include:

• Call of return from these courts.
• Issue general rules and prescribe forms regarding the regulation of practice and proceedings in these courts.
• Prescribe form in which the officers of these courts can keep books, entries, and accounts.
• The fees payable at sheriff check, officers, or legal practitioners is settled by the high court.

5. Control over the subordinate courts:

• The subordinate court is bound to consider the opinion of the High court regarding any case.
• The high court also deals with the matters like position promotion, leave, transfer, and discipline of members of subordinate courts in its area.

6. Court of Record: The judgments and proceedings of high courts are recorded and cannot be questioned further by any court. It holds the power to punish for contempt of court.

 

7. Judicial Review: High court can examine the executive and legislative orders of central and state governments. The high court checks whether the order is according to the constitution or against the constitution.

List of High Courts of India

The following are the 25 high courts in India for all states and union territories with detail:

The High courts with jurisdiction area of more than 1 state:

1. Bombay High court: the Bombay high court has jurisdiction over Goa, Maharashtra, Dadra Nagar Haveli, and Daman & Diu.
2. Calcutta High Court: The jurisdiction areas of this high court are – West Bengal, and Andaman & Nicobar Island.
3. Madras High Court: This High Court has the jurisdiction areas – Tamil Nadu and Puducherry.
4. Gauhati High court: This covers 4 areas under its jurisdiction – Assam, Arunachal Pradesh, Mizoram, and Nagaland.
5. Kerala High court: The jurisdiction areas of this high court are – Kerala and Lakshadweep.
6. Punjab and Haryana High court: This high court has the jurisdiction areas of Punjab, Haryana, and Chandigarh

Judges of High Courts of India

Appointment Procedure

The process of appointing the High court judges is mentioned in article 217 of the Indian Constitution. The number of judges in the court is not fixed, it varies from Court to Court and State to State. The procedure is as follows:

1. The Judges of high courts are appointed by the warrant of the president along with his seal.
2. The president needs to take advice from CJI (Chief Justice of India) and the Governor of the state before appointing the High court judges.
3. The judges other than the chief justice can be appointed after the consultation by the chief justice of the high court.
4. It is important to follow the provisions under this article even while appointing the additional judges.
5. The candidate can hold the office of the judge till the age of 62 years.
6. The consultation should be very transparent while appointing the judges. All the necessary information should be revealed properly.
7. According to Article 229, the appointed judges have to take an oath before the Governor of the state.

Eligibility

To be eligible to become a Judge in the High Court, the candidate needs to fulfil the following criteria:

• The person has to be a citizen of India.
• He/She should have held a Judicial Office in territory India for 10 years or has experience of 10 years practice, as an advocate in a High Court or of two or more such courts in progression.

Tenure and Salary

• In 1963 according to the 15th amendment of the constitution, a judge of the High Court retired at the age of 62 years.
• As per the High court and Supreme Court Judges (Salaries and conditions of service) Amendment Act, 2018 now chief justice of a high court will receive Rupees 2,50,000 per month and judges will receive Rupees 2,25,000 rupees per month as salary.
• The provisions regarding the salaries of high court judges are provided under article 221 of the Indian constitution.
• According to the provision under this article, the judges are entitled to receive pension and allowance decided by the parliament.

Facts about High Courts of India

• The oldest High Court in India is The Calcutta High Court, Established on July 1, 1862. It has been designed similar to the Cloth Hall in Belgium.
• The second oldest High Court in India is the Bombay High Court, established on 14 August 1862.
• The third oldest High Court in India is the Madras High Court, established on 15 August 1862.
• Leila Seth was the first female to become a judge at the Delhi High Court. She became the first female Chief Justice of a state High Court, Himachal Pradesh High Court.