High Court

The High Court is the highest judicial authority at the State level and occupies an important position in India's integrated judicial system. It functions as a Constitutional Court, a Court of Record, and the highest appellate court within the State, while also protecting Fundamental Rights and supervising subordinate courts.

Constitutional Provisions

Key Features

• Every State has a High Court under Article 214.
• The provision for a common High Court for two or more States or for two or more States and a Union Territory under Article 231 was introduced by the Constitution (Seventh Amendment) Act, 1956.
• High Courts function as Constitutional Courts and safeguard the rule of law.
• They possess Original, Appellate, Writ and Supervisory Jurisdiction.
• Their judgments are binding on all subordinate courts within their territorial jurisdiction.

Constitution of High Courts

The Constitution provides for a High Court in every State while allowing Parliament to establish a common High Court for multiple States or Union Territories whenever required. The organisational structure of each High Court is designed to ensure judicial independence and effective administration of justice.

Constitutional Provisions

• Article 214: There shall be a High Court for each State.
• Article 216: Every High Court consists of a Chief Justice and such other Judges as the President may appoint.
• Article 231: Parliament may establish a common High Court for two or more States or Union Territories.

Every High Court consists of a Chief Justice and such number of other judges as the President may deem necessary to appoint.

Appointment of Judges: The Judges of a High Court are appointed by the President through the constitutional consultation process to ensure judicial independence.

• Appointed by the President of India under Article 217.
• The President consults:

• Chief Justice of India.
• Governor of the concerned State.
• Chief Justice of the concerned High Court (for appointment of puisne judges).

• The appointment follows the Collegium System, as evolved through Supreme Court judgments.

• The Constitution does not prescribe a fixed strength. The number of Judges is determined by the President according to the workload and pendency of cases.

Qualification of a Judge of High Court

The Constitution prescribes specific qualifications to ensure that only experienced legal professionals are appointed as High Court Judges. These qualifications are provided under Article 217.

• Article 217(2) lays down the qualifications for appointment as a High Court Judge.

Qualifications

A person is qualified for appointment as a High Court Judge if he or she:

• Is a citizen of India.
• Has held a judicial office in the territory of India for at least 10 years, or
• Has been an advocate of one or more High Courts continuously for at least 10 years.

• The Constitution does not prescribe any minimum age.
• No educational qualification is specifically mentioned because judicial or advocacy experience itself is the qualifying requirement.

Removal of High Court Judge

The Constitution provides strong safeguards to ensure the independence of High Court Judges. They cannot be removed by the Executive and may be removed only through a rigorous parliamentary process.

Constitutional Provisions

• Article 217(1)(b): Removal of High Court Judges.
• Article 124(4): Procedure for removal (made applicable to High Court Judges).
• Judges (Inquiry) Act, 1968: Governs the inquiry process.

• A High Court Judge can be removed only on the grounds of proved misbehaviour or incapacity.

Removal Procedure

• A removal motion may be introduced in either House of Parliament.
• The motion is investigated by a judicial inquiry committee.
• Each House must pass the motion separately by:

• A majority of the total membership of the House, and
• A two-thirds majority of members present and voting.

• After Parliament passes the motion, the President issues the removal order.

• Note: No High Court Judge has been removed through impeachment till date.

Oath of High Court Judges

• Article 219 requires every High Court Judge to take an oath or affirmation in the form prescribed under the Third Schedule of the Constitution.

• The oath is administered by the Governor of the State or a person authorised by the Governor.
• The Judge swears:

• True faith and allegiance to the Constitution.
• To uphold the sovereignty and integrity of India.
• To perform duties without fear or favour, affection or ill will.

Salaries and Allowances of High Court Judges

The salaries and service conditions of High Court Judges are determined by Parliament and are protected from arbitrary reduction to safeguard judicial independence.

• Article 221 deals with salaries, allowances and rights relating to leave and pension.

• Salaries and allowances are determined by Parliament.
• They are charged on the Consolidated Fund of the State.
• Their service conditions cannot be altered to their disadvantage after appointment, except during a Financial Emergency.
• Judges are also entitled to pension, leave, official residence and other service benefits.

Jurisdiction of High Courts

The High Court’s exercise wide constitutional and statutory jurisdiction, enabling them to protect Fundamental Rights, interpret laws, supervise subordinate courts and hear civil and criminal appeals.

Original Jurisdiction

The High Court hears certain cases directly without requiring them to originate in subordinate courts.

• Disputes relating to Fundamental Rights through writ petitions.
• Election petitions relating to State Legislature.
• Civil matters in certain High Courts having original civil jurisdiction.
• Company, admiralty, matrimonial and testamentary matters where provided by law.

Writ Jurisdiction

The High Court has the power to issue constitutional writs for enforcement of Fundamental Rights as well as other legal rights.

• Under Article 226, every High Court has the power to issue the five writs—Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto—for the enforcement of Fundamental Rights as well as for any other purpose.

• Wider than the Supreme Court because it protects both Fundamental Rights and other legal rights.

Appellate Jurisdiction: The High Court hears civil and criminal appeals, appeals under special statutes, and confirms death sentences awarded by subordinate courts before their execution.

Supervisory Jurisdiction

Under Article 226 The High Court exercises superintendence over all courts and tribunals within its territorial jurisdiction.

Powers

• Calls for records of subordinate courts.
• Ensures proper administration of justice.
• Frames rules regarding court procedures.
• Transfers cases where necessary.

Court of Record

Under article 215 The High Court is a Court of Record, and its records possess evidentiary value.

Powers

• Records and judgments are permanent evidence.
• Can punish for contempt of itself.

Judicial Review

The High Court can examine the constitutional validity of laws and executive actions.

• Declares unconstitutional laws as void if they violate the Constitution.
• Protects constitutional supremacy and the rule of law.
• Acts as a guardian of citizens' constitutional rights.

Officers and Servants of High Court

Under article 229 the Constitution empowers every High Court to appoint its officers and employees independently, thereby strengthening judicial autonomy and ensuring efficient court administration.

Appointment

• The Chief Justice of the High Court appoints officers and servants of the High Court.
• The Chief Justice also determines their conditions of service, subject to law.

Salaries and Service Conditions

• Salaries, allowances and pensions are determined according to law made by the State Legislature.
• Administrative expenses of the High Court are charged upon the Consolidated Fund of the State, ensuring financial independence.

FAQs

Q1. Which Article of the Constitution provides for a High Court in every State?
Answer: Article 214 provides that there shall be a High Court for every State.

Q2. Under which Article can a High Court issue writs for the enforcement of Fundamental Rights and other legal rights?
Answer: Article 226 empowers High Courts to issue writs for both Fundamental Rights and other legal rights.

Q3. What are the constitutional grounds for the removal of a High Court Judge?
Answer: A High Court Judge can be removed only on the grounds of proved misbehaviour or incapacity.

Q4. Which Article declares the High Court to be a Court of Record?
Answer: Article 215 declares every High Court to be a Court of Record with the power to punish for contempt.

Q5. Which Article empowers the High Court to supervise subordinate courts and tribunals?
Answer: Article 227 grants the High Court the power of superintendence over all subordinate courts and tribunals within its territorial jurisdiction.