Constitutional Position

• High Courts are constitutional courts established under Part VI (Articles 214–231) of the Indian Constitution.
• Article 214 provides that there shall be a High Court for each State.
• Parliament may establish a common High Court for two or more States or for a State and a Union Territory.

Composition

• Each High Court consists of:
  • Chief Justice
  • Other judges as determined by the President.
• Strength varies from state to state depending on workload.

Appointment of Judges

• Judges are appointed by the President of India.
• Appointment is made after consultation with:
  • Chief Justice of India
  • Governor of the State
  • Chief Justice of the concerned High Court (for other judges)

Qualifications of Judges

• Citizen of India.
• Must have:
  • Held a judicial office in India for at least 10 years, or
  • Practised as an advocate in a High Court for at least 10 years.

Tenure and Removal

• Judges hold office until 62 years of age.
• Removal is possible only through impeachment by Parliament, on grounds of:
  • Proven misbehaviour
  • Incapacity

Jurisdiction of High Court

Original Jurisdiction

• Cases involving:
  • Enforcement of Fundamental Rights
  • Matters relating to State laws (in certain cases)
• High Courts can issue writs under Article 226.

Appellate Jurisdiction

• Appeals in:
  • Civil cases
  • Criminal cases
  • Revenue cases
• Appeals from subordinate courts and tribunals.

Writ Jurisdiction (Article 226)

• High Courts can issue writs:
  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto
• Wider than Supreme Court as it covers Fundamental Rights and other legal rights.

Supervisory Jurisdiction (Article 227)

• Power of superintendence over all subordinate courts and tribunals within its territorial jurisdiction.
• Includes administrative and judicial supervision.

Control over Subordinate Judiciary

• Posting, promotion, and leave of district judges.
• Ensures independence of the subordinate judiciary.

Transfer of Judges

• Judges can be transferred from one High Court to another by the President.
• Transfer is done after consultation with the Chief Justice of India.
• Transfer does not require consent of the judge.

Powers and Functions

• Guardian of Fundamental Rights.
• Interpreter of the Constitution at the State level.
• Acts as a court of record.
• Can punish for contempt of court.

Importance of High Courts

• Protect constitutional governance in States.
• Act as a check on executive and legislative excesses.
• Ensure access to justice at the regional level.
• Play a crucial role in federal structure.