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.
