High Courts in India: A Comprehensive Analysis

Table of Contents

1.     What is High Court?

2.     First High Court in India

3.     Appointment of High Court Judges

4.     High Court Judges: Tenure, Removal, and Salary

5.     Jurisdiction of High Courts

6.     Functions of the High Court

7.     Establishment of High Courts in India

8.     Difference between Writ Jurisdiction of the Supreme Court and High Courts

9.     High Court UPSC

10.                        Landmark Supreme Court Judgments

11.                        Relevant Statutory Laws

12.                        List of Relevant Articles and Case Laws

13.                        Key Points

1. What is High Court?

The High Court is the highest judicial body in Indian states and union territories. It serves as the top court within a state, lower in hierarchy than the Supreme Court. Each state in India has a High Court, and the Parliament has the authority to establish a common High Court for two or more states. The High Court's jurisdiction is co-terminus with a state's territory.

Article 214:

• Provision: Every state shall have a High Court.

Article 231:

• Provision: Establishment of a common High Court for two or more states.

2. First High Court in India

The first High Court in India was the Calcutta High Court, established on 2 July 1862. It has jurisdiction over the Andaman and Nicobar Islands and West Bengal and comprises 72 judges.

3. Appointment of High Court Judges

Article 217:

• Provision: Appointment of Judges to the High Court by the President after consultation with the Chief Justice of India (CJI), the Governor of the state, and the Chief Justice of the High Court.

Article 222:

• Provision: Transfer of High Court Judges by the President after consultation with the CJI.

4. High Court Judges: Tenure, Removal, and Salary

Tenure:

• High Court judges hold office until the age of 62.
• Any disputes regarding the age of judges are decided by the President after consulting the CJI.

Removal:

• Grounds: Misbehavior or incapacity.
• Process: Initiated by Parliament and requires a majority vote in both Houses.

Salary:

• Governed by Article 221, which ensures pensions and leave benefits as determined by Parliament.

5. Jurisdiction of High Courts

High Courts have original, appellate, and writ jurisdiction.

Original Jurisdiction:

• Covers civil and criminal matters not within the jurisdiction of lower courts.

Appellate Jurisdiction:

• Hears appeals from subordinate courts.

Writ Jurisdiction:

• Article 226: High Courts can issue writs for the enforcement of fundamental rights and other purposes.

6. Functions of the High Court

• Administrative and Supervisory Functions: Control over employees and supervision of lower courts.
• Court of Record: Keeps records of proceedings and has the power to punish for contempt.
• Superintendence: Supervises all courts and tribunals within its jurisdiction.

Article 227:

• Provision: High Courts have superintendence over all courts and tribunals within their territorial jurisdiction.

7. Establishment of High Courts in India

The Indian High Courts Act of 1861 led to the establishment of High Courts in Calcutta, Bombay, and Madras. Currently, there are 25 High Courts in India.

Table of High Courts in India:

8. Difference between Writ Jurisdiction of the Supreme Court and High Courts

9. High Court UPSC

The High Court is the second-highest judicial body in India, pivotal for the UPSC exam. Candidates should be familiar with the first High Court, appointment process, tenure, removal, salary of judges, and their jurisdiction.

10. Landmark Supreme Court Judgments

S.P. Gupta v. Union of India (1981):

• Key Takeaway: Established the primacy of the CJI in judicial appointments.

Supreme Court Advocates-on-Record Association v. Union of India (1993):

• Key Takeaway: Reinforced the independence of the judiciary and the role of the collegium system.

L. Chandra Kumar v. Union of India (1997):

• Key Takeaway: Affirmed the power of judicial review of the High Courts and Supreme Court over the decisions of tribunals.

11. Relevant Statutory Laws

The High Court Judges (Salaries and Conditions of Service) Act, 1954:

• Governs salaries and conditions of service for High Court judges.

12. List of Relevant Articles and Case Laws

Articles:

• Article 214: High Courts for states.
• Article 216: Composition of High Courts.
• Article 217: Appointment of Judges.
• Article 222: Transfer of Judges.
• Article 226: Writ jurisdiction.
• Article 227: Power of superintendence over all courts by the High Court.
• Article 231: Establishment of a common High Court for two or more states.

Case Laws:

• S.P. Gupta v. Union of India (1981)
• Supreme Court Advocates-on-Record Association v. Union of India (1993)
• L. Chandra Kumar v. Union of India (1997)

13. Key Points

• High Courts are the highest judicial body in states.
• Calcutta High Court is the first High Court established in India.
• High Court judges are appointed by the President after consultation with key judicial and state authorities.
• Judges hold office until the age of 62 and can be removed only for misbehavior or incapacity.
• High Courts have original, appellate, and writ jurisdiction.
• High Courts supervise lower courts and tribunals within their jurisdiction.
• The High Court of Allahabad has the largest number of judges.
• English is mandated as the language of the High Courts for uniformity and clarity.