High Court of India

High Court of India

  • Constitution

High Courts are second Courts of Importance of the democracy of India. They are run by Article 141 of the Constitution of India. They are governed by the bindings conferred by the Supreme Court of India so far judgments and orders are concerned. The Supreme Court of India is the highest level of courts and is responsible for fixing the guidance to the High Courts set by precedence.

High courts are the types of courts which are instituted as the courts powered by constitution with the effect of Article 214 Part IV Chapter V of the Indian Constitution. There are 24 high courts in India taking care of the regional juridical system of India out of which Kolkata High Court is the oldest.

  • Jurisdiction

These courts are mainly confined to the jurisdiction of state, group of states or Union Territory. They are being empowered to govern the jurisdiction of lower courts like family, civil and criminal courts with other different courts of the districts.  These courts are of the statute of principal civil courts so far originality of jurisdiction is concerned in the related domain of the states and the other district courts.

These courts are treated as subordinate to High Courts by status. But High Courts are mainly exercising their jurisdiction related to civil or criminal domain if the lower courts are proved incapable of exercising their power as per authorization extended by law.  These situations may be generated through the inability of financial or territorial jurisdiction. There are specific areas in which only High Courts can exercise the right for hearing like cases related to Company Law as it is designated specially in a state or federal law.

But normally the high courts are involved in the appeals raised in the cases of lower courts with the writ petitions as conferred in Article 226 of the Constitution of India. The area of writ petitions is also the sole jurisdiction of high courts. The jurisdiction of High Court is varying so far territorial jurisdiction is considered.

  • Official structure and application

The appointment of the judges of High Courts are being executed by the President of India with the consultation of the Chief Justice of India, the Chief Justice of High Court and the Governor of the state or union territory.

Decision on the number of judges in High Court is mainly dictated considering the higher number of either the average of organization of main cases for the last years as per the average nationally calculated or the average rate of main cases disposed per judge per year in the respective high court.

The high courts with handling of most of the cases of a particular area are provided with the facility of permanent benches or branches of the court situated there only. To serve the complainants of remote regions the establishment of circuit benches had been made to facilitate the service with the schedule of operation as per the occurrence of visit of the judge.

The High Courts- Its role in the judicial system

The Constitution of India has conferred the provision regarding the judicial system through Chapter V of Part Vi for high courts. The main features are discussed below:

  • Establishment

The Constitution conferred that each state or more than one state should have one High Court. The Union Territories of Manipur, Goa and Tripura have the judicial Commissioner Courts. The Constitution has made provision for the other Union Territories to establish high courts.

  • Court of Record

All the High Courts have the power to pronounce punishment for contempt of court and thus, they will be treated as Court of Record.

  • Appointment of Judges

The appointment of the Judges of High Court is done by the President of India with the consultation of the Chief Justice of India, the Chief Justice of respective high Court and the Governor of the state.

  • Number of Judges

The President of India has the authority to fix the number of judges of the High Court as per requirement. The basic factor for this purpose is being settled though the central executive which can decide about the number of judges in High Court which is being decided with flexible attitude.

  • Qualification of Judges

A person, being the citizen of India with holding the judicial office in India for 10 years or an advocate of High Court for 10 years is eligible for being the Judge of High Court.

  • Tenure of service

The judges of the High Court have the maximum period of service up to sixty two years. Till then they can not be removed from their duties if any occurrence of misbehavior or incapability is proved and seconded by two third of members of both houses of parliament through voting.

  • Salary of Judges

This is done as per prescribed declaration in the second schedule of the Constitution and can not be changed without any amendment of the Constitution.

  • Revenue

The old fashioned restriction since 1915 regarding revenue is being outdated on the original jurisdiction of the High Courts of Kolkata, Chennai and Mumbai.

  • Writ Jurisdiction and Superintendence

Except for High Courts of Kolkata, Chennai and Mumbai none has the power to issue the privileged writs. At present Article 226 of Constitution of India has given the power to the high Courts to issue different writs.

Article 227 of Indian Constitution has empowered all high courts to practice superintendence over all the courts of tribunal effective within the regional jurisdiction of the High Court.


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