HIGH COURT

1. Introduction
• Part VI, Articles 214–231 of the Constitution deal with the High Courts.
• The High Court stands below the Supreme Court and above subordinate
courts in the state judicial hierarchy.
• The first High Courts were established in 1862 at Calcutta, Bombay, and
Madras under the Indian High Courts Act, 1861; Allahabad High Court was set up in
1866.
• The 7th Amendment Act, 1956 allows a common High Court for two or
more states or for states and union territories.
• There are 25 High Courts in India (as of 2019, after creation of Andhra
Pradesh High Court).
• Delhi is the only Union Territory with its own High Court (since 1966).
2. Composition
• Each High Court consists of a Chief Justice and such other judges as the
President may deem necessary.
• The President determines the strength of each High Court based on its
workload.
3. Appointment of Judges
• Appointing authority: President of India.
• Consultation process:
• For Chief Justice: President consults Chief Justice of India and the Governor
of the State.
• For other judges: President consults Chief Justice of India, Governor of the
State, and Chief Justice of the concerned High Court.
• For common High Courts, Governors of all concerned states are consulted.
Judges Cases & Collegium System:
• Second Judges Case (1993): Chief Justice of India’s opinion is binding.
• Third Judges Case (1998): CJI must consult a collegium of two senior-most
Supreme Court judges.
• Fourth Judges Case (2015): NJAC Act and 99th Amendment struck down;
Collegium System restored.

4. Qualifications (Article 217)

A person must:
1. Be a citizen of India.
 2. Have held a judicial office for at least 10 years, or
3. Have been an advocate of a High Court(s) for at least 10 years.
(No minimum age or provision for appointing a jurist unlike in the Supreme Court.)
5. Oath or Affirmation (Article 219)
Before entering office, a judge swears to:
1. Bear true faith to the Constitution.
2. Uphold sovereignty and integrity of India.
3. Perform duties without fear or favour.
4. Uphold the Constitution and laws.
Administered by the Governor.
6. Salaries and Allowances
• Fixed by Parliament and cannot be changed to their disadvantage except
during a Financial Emergency.
• As of 2018:
• Chief Justice: ₹2.50 lakh/month.
• Other Judges: ₹2.25 lakh/month.
• Retired judges get 50% of last drawn salary as pension.
• Expenses are charged on the Consolidated Fund of the State (non-
votable).
7. Tenure, Removal and Transfer
Tenure
1. Holds office till 62 years (raised by the 15th Amendment, 1963).
2. Can resign to the President.
3. Can be removed by the President on Parliament’s recommendation.
4. Vacates office if appointed to Supreme Court or transferred to another
High Court.
Removal
• Similar to Supreme Court judges (Articles 124(4) & 217(1)(b)).
• Grounds: Proved misbehaviour or incapacity.
• Requires special majority in both Houses.
• Governed by the Judges Enquiry Act, 1968:
1. Motion signed by 100 Lok Sabha or 50 Rajya Sabha members.
2. If admitted, a 3-member committee investigates:
• (a) Chief Justice or Judge of SC,
• (b) Chief Justice of a HC,
• (c) A distinguished jurist.
 3. If guilty, both Houses pass an address by special majority → President
removes the judge.
Transfer of Judges
• Done by President after consultation with Chief Justice of India (Article
222).
Acting, Additional and Retired Judges
• Acting Chief Justice (Art. 223): Appointed when C.J. is absent or post is
vacant.
• Additional Judges (Art. 224): For temporary increase in work or arrears;
tenure ≤ 2 years.
• Retired Judges (Art. 224A): May be requested to sit and act as judges
temporarily.
8. Independence of High Court
To maintain judicial independence, several provisions exist:
1. Security of tenure – removable only by Parliament.
2. Fixed service conditions – cannot be changed to their disadvantage.
3. Expenses charged on Consolidated Fund of State.
4. Conduct not discussable in Legislature.
5. Ban on practice after retirement (except in SC or other HCs).
6. Power to punish for contempt.
7. Chief Justice controls staff appointments.
8. Jurisdiction cannot be curtailed by Parliament or State Legislature.
9. Jurisdiction and Powers
High Court is the highest judicial authority in the state.
It acts as the protector of Fundamental Rights and interpreter of the Constitution.
Types of Jurisdiction:
1. Original Jurisdiction
• Cases of election disputes of MPs/MLAs.
• Revenue matters and acts in revenue collection.
• Enforcement of Fundamental Rights.
• Transfer of constitutional cases from subordinate courts.
• Civil jurisdiction (Calcutta, Bombay, Madras, Delhi HCs).
• Criminal jurisdiction of Presidency HCs abolished by CrPC
1973.
2. Writ Jurisdiction (Article 226)
• Can issue writs of Habeas Corpus, Mandamus, Prohibition,
 • Can issue writs of Habeas Corpus, Mandamus, Prohibition,
Certiorari, Quo Warranto.
• For Fundamental Rights and other legal rights (“for any
other purpose”).
• Extends to persons and authorities inside and outside
territorial limits if cause of action arises within state.
• Concurrent with Supreme Court (Art. 32), but wider in scope.
• Declared part of basic structure in Chandra Kumar Case
(1997).
3. Appellate Jurisdiction
• Civil: First appeals from District Courts (law & fact), second
appeals (law only).
• Some HCs allow intra-court appeals (single judge → division
bench).
• Criminal: Appeals from Sessions/Additional Sessions Courts
(sentence >7 years).
• Death sentences must be confirmed by HC.
4. Supervisory Jurisdiction (Article 227)
• Power over all courts/tribunals (except military).
• Can call for returns, make rules, prescribe forms, regulate
fees.
• Covers administrative and judicial superintendence; may act
suo motu.
• Used sparingly in cases of excess of jurisdiction, injustice, or
violation of natural justice.
5. Control over Subordinate Courts
• Consulted in appointment, posting, and promotion of district
judges.
• Deals with transfers, leaves, discipline, etc. of judicial officers.
• Can withdraw constitutional cases for interpretation.
• Its law is binding on all subordinate courts.
6. Court of Record (Article 215)
• Judgments are records of evidence and legal precedent.
• Has power to punish for contempt (as per Contempt of
Courts Act, 1971).
• Can review and correct its own judgments.
7. Power of Judicial Review
• Can examine constitutionality of laws and executive orders
 • Can examine constitutionality of laws and executive orders
of both Centre and State.
• If found unconstitutional → declared null and void.
• Basis: Articles 13 & 226.
• 42nd Amendment (1976) curtailed this power, but 43rd
Amendment (1977) restored it.