HIGH COURT
In the Indian single integrated judicial system, the high court operates below the
Supreme Court but above the subordinate courts. The judiciary in a state consists of a high
court and a hierarchy of subordinate courts. The high court occupies the top position in the
judicial administration of a state. The institution of high court originated in India in 1862 when
the high courts were set up at Calcutta, Bombay and Madras1. In 1866, a fourth high court was
established at Allahabad. In the course of time, each province in British India came to have its
own high court. After 1950, a high court existing in a province became the high court for the
corresponding state. The Constitution of India provides for a high court for each state, but the
Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court
for two or more states or for two or more states and a union territory. The territorial jurisdiction
of a high court is co-terminus with the territory of a state. Similarly, the territorial jurisdiction
of a common high court is co-terminus with the territories of the concerned states and union
territory. At present, there are 24 high courts in the country. Out of them, three are common
high courts. Delhi is the only union territory that has a high court of its own (since 1966). The
other union territories fall under the jurisdiction of different state high courts. The Parliament
can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of
a high court from any union territory. The name, year of establishment, territorial jurisdiction
and seat (with bench or benches) of all the 24 high courts. Articles 214 to 231 in Part VI of the
Constitution deal with the organization, independence, jurisdiction, powers, and procedures
and so on of the high courts. Articles 214 to 231 in part VI of constitution deal with the
Organization, Independence, Qualifications, Appointment, Powers and Functions of the High
Court. Every high court shall consist of a Chief justice and some other judges. The chief justice
and other judges shall continue in office until the attain the age of 62 years. At present there
are 24 High courts in India.
Organization of High Court: Every high court (whether exclusive or common) consists of a
chief justice and such other judges as the president may from time to time deem necessary to
appoint. Thus, the Constitution does not specify the strength of a high court and leaves it to the
discretion of the president. Accordingly, the President determines the strength of a high court
from time to time depending upon its workload.
Judges: Judges of a high court are appointed by the President. The chief justice is appointed
by the President after consultation with the chief justice of India and the governor of the state
concerned. For appointment of other judges, the chief justice of the concerned high court is
also consulted. In case of a common high court for two or more states, the governors of all the
states concerned are consulted by the President.
Qualifications of Judges: A person to be appointed as a judge of a high court, should have the
following qualifications:
1. He should be a citizen of India.
2. He should have held a judicial office in the territory of India for ten years; or He should have
been an advocate of a high court (or high courts in succession) for ten years.
From the above, it is clear that the Constitution has not prescribed a minimum age for
appointment as a judge of a high court. Moreover, unlike in the case of the Supreme Court, the
Constitution makes no provision for appointment of a distinguished jurist as a judge of a high
court.
Oath or Affirmation: A person appointed as a judge of a high court, before entering upon his
office, has to make and subscribe an oath or affirmation before the governor of the state or
some person appointed by him for this purpose. In his oath, a judge of a high court swears:
1. To bear true faith and allegiance to the Constitution of India;
2. To uphold the sovereignty and integrity of India;
3. Too duly and faithfully and to the best of his ability, knowledge and judgment perform
the duties of the office without fear or favour, affection or ill-will; and 4. To uphold the
Constitution and the laws.
Tenure of Judges: The Constitution has not fixed the tenure of a Judge of a high court.
However, it makes the following four provisions in this regard:
1. He holds office until he attains the age of 62 years. Any questions regarding his age is to be
decided by the president after consultation with the chief justice of India and the decision of
the president is final.
2. He can resign his office by writing to the president.
3. He can be removed from his office by the President on the recommendation of the
Parliament.
4. He vacates his office when he is appointed as a judge of the Supreme Court or when he is
transferred to another high court.
Removal of Judges: A judge of a high court can be removed from his office by an order of the
President. The President can issue the removal order only after an address by the Parliament
has been presented to him in the same session for such removal. The address must be supported
by a special majority of each House of Parliament (i.e., a majority of the total membership of
that House and majority of not less than two-thirds of the members of that House present and
voting). The grounds of removal are two proved misbehaviour or incapacity. Thus, a judge of
a high court can be removed in the same manner and on the same grounds as a judge of the
Supreme Court. The Judges Enquiry Act (1968) regulates the procedure relating to the removal
of a judge of a high court by the process of impeachment:
a. A removal motion signed by 100 members (in the case of Lok Saba) or 50 members (in the
case of Rajya Saba) is to be given to the Speaker/Chairman.
b. The Speaker/Chairman may admit the motion or refuse to admit it.
c. If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to
investigate into the charges.
d. The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a
chief justice of a high court, and (c) a distinguished jurist.
e. If the committee finds the judge to be guilty of misbehaviour or suffering from incapacity,
the House can take up the consideration of the motion.
f. After the motion is passed by each House of Parliament by special majority, an address is
presented to the president for removal of the judge.
g. Finally, the president passes an order removing the judge.
From the above, it is clear that the procedure for the impeachment of a judge of a high
court is the same as that for a judge of the Supreme Court. It is interesting to know that no
judge of a high court has been impeached so far.
Salaries and Allowances: The salaries, allowances, privileges, leave and pension of the judges
of a high court are determined from time to time by the Parliament. They cannot be varied to
their disadvantage after their appointment except during a financial emergency. In 2009, the
salary of the chief justice was increased from `30,000 to `90,000 per month and that of a judge
from `26,000 to `80,000 per month. They are also paid sumptuary allowance and provided with
free accommodation and other facilities like medical, car, telephone, etc. The retired chief
justice and judges are entitled to 50 per cent of their last drawn salary as monthly pension.
Independence of High Court: The independence of a high court is very essential for the
effective discharge of the duties assigned to it. It should be free from the encroachments,
pressures and interferences of the executive (council of ministers) and the legislature. It should
be allowed to do
justice without fear or favour. The Constitution has made the following
provisions to safeguard and ensure the independent and impartial functioning of a high court.
1. Mode of Appointment
2. Security of Tenure
3. Fixed Service Conditions
4. Expenses Charged on Consolidated Fund
5. Conduct of Judges cannot be discussed
6. Ban on Practice after Retirement
7. Power to punish for its Contempt
8. Freedom to appoint its Staff
9. Its Jurisdiction cannot be curtailed
10. Separation from Executive
Jurisdiction and Powers of High Court: Like the Supreme Court, the high court has been
vested with quite extensive and effective powers. It is the highest court of appeal in the state.
It is the protector of the Fundamental Rights of the citizens. It is vested with the power to
interpret the Constitution. Besides, it has supervisory and consultative roles. However, the
Constitution does not contain detailed provisions with regard to the jurisdiction and powers of
a high court. It only lays down that the jurisdiction and powers of a high court are to be the
same as immediately before the commencement of the Constitution. But, there is one addition
that is the Constitution gives a high court jurisdiction over revenue matters (which it did not
enjoy in the reconstitution era). The Constitution also confers (by other provisions) some more
additional person a high court like writ jurisdiction, power of superintendence, consultative
power, etc. Moreover, it empowers the Parliament and the state legislature to change the
jurisdiction and powers of a high court.
Powers and Functions of the High Court:
The following are the powers and functions of the high court.
1. Original jurisdiction: Every high court in India has original jurisdiction in regard matters
of will, marriage, divorce, company laws, contempt of court and certain revenue cases. Every
high court is empowered to issue directions, orders or writs for the enforcement of any of the Fundamental Rights. Every High court is empowered to settle disputes relating to Election of
members of Parliament and State Legislatures. Under article 226, the high court is empowered
to issue writs for enforcing fundamental rights. The high court issue Writs like Habeas corpus,
Mandamus, Prohibition, Quo-warranto and Certiorari for protecting the Fundamental Rights of
the India citizens.
2. Appellate jurisdiction: Every high court hears appeals against the judgement of the
subordinate courts. In this regard related to civil and criminal cases.
a. Civil cases: An appeal to the high court on the civil side is either a first or a second appeal.
In civil cases, appeal to the high court lies from the decision of a district court. Appeals can
also be made from the subordinate courts directly provided the disputes involves a value of
more than Rs. 50.000/-.
b. Criminal cases: In criminal cases, it hears the appeals in which the accused has been
sentenced to more than 7 years imprisonment by the session’s judge. All cases involving capital
punishment awarded by the session court come to high court as appeals. It approval is necessary
for the imposition of death sentences by the district sessions judge.
3. A court of Record: The state High court acts as a Court of Record. It Punishes persons for
Contempt of court, either with simple Imprisonment of with Fine or with both. It Records all
its Decisions and Judgements. Such Record are of Great significance. They carry evidentiary
value. The power of the court of record to the high court gets under article 215 of the
constitution which is similar to that of the power of the Supreme Court as under article 129.
4. Power of Judicial review: The state High court possesses the power of Judicial Review like
the Supreme Court. It is the power of High court to examine constitutionality of Legislature
enactments of Laws and Executive Exercise of functions of both the Union and State
government. On examination, if they are found to be violated of the constitution (ultra vires),
they can be declared as illegal, unconstitutional and invalid (null and vioid) by the court.
5. Power of certification: The high court certifies certain cases which can go to the Supreme
Court. That appeals which go to Supreme Court depend up on the issue of a certificate by the
high court.
6. Advisory functions: The High court is consulted by the state Governor in the matters of
Appointment, Posting, Promotions, Grant of Leave and Transfer of District Judges and
discipline of the members of judicial service of the state. It also render advices to the
subordinate courts in the matters of public interests or legal importance provisions.
7. Administrative functions:
a. Under article 227, Every High court has the Power of supervision over all the Courts and
Tribunals functioning in its territorial jurisdiction except Military courts or Tribunals in the
state.
b. It ensures the proper working of these Courts. It exercises the power to make and issue
General Rules and Regulations for securing the efficient working of the court.
c. The High court can transfer any case from one court to another court under the Article 228
by the Specific Reasons.
d. It is appoints its administrative staff and determine the salaries and allowances and other
conditions formulation to the subordinate courts.
e. It appoints its administrative staff and determines the salaries and allowances and other
conditions of the personal working in subordinate courts.
f. It is empowered to withdraw any case involving the interpretation of the constitution.
g. The high court is the highest court of justice in the state. All other courts and tribunals in
state function under the direct supervision and control of the state high court.
Other functions:
 The High court acts as the District court where its Headquarters are Located.
 The Chief justice of the High court acts as the Governor on the direction of the President
tentatively whenever the vacancy arises in that office.
 The High court can admit Public interest litigation like the Supreme Court of India.
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