High Courts in India: Powers, Jurisdiction, Composition & Constitutional Provisions

The High Court is the highest level of judicial body in the state and union territories. They guard the citizens rights under their respective jurisdiction and oversee all subordinate courts. The High Courts actually wield a broader, more flexible power in everyday constitutional matters, though we can appeal in Supreme Court for certain cases. The High Courts are mentioned under Articles 214 to 231 in Part VI of the Indian Constitution.

This single system of courts enforces both Central and State Laws across the country. Presently 25 High Courts in the country for different states. Each High Court consists of a Chief Justice and other judges, all appointed by the President of India after consultation with the Chief Justice of India, the state Governor, and the Chief Justice of the High Court.

• The High Court is the apex court in the judicial administration of a State under the integrated judicial system established by the Constitution of India.
• The High Courts have been envisaged as:
  • The highest court of appeal in the state
  • The guarantor of Fundamental Rights
  • The guardian of the Constitution of India, and
  • The interpreter of the Constitution of India.

• Articles 214 to 231 in Part VI of the Indian Constitution deal with the provisions related to the High Courts.
• The constitutional provisions mentioned under these articles deal with the organization, independence, jurisdiction, powers, and procedures of the High Courts.
  • The Parliament and State Legislature both are authorized to regulate these provisions.

• The Constitution of India provides for a High Court for each State.
• However, the 7th Constitutional 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. For example -
  • The Union Territories of Jammu and Kashmir and Ladakh have a common High Court.
• The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
• The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
• 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.

• Composition: The composition of a High Court is the Chief Justice along with other judges according to the need, as determined by the President.
• Appointment: Appointment of judges is done by the President. The appointment of the Chief Justice is made after consultation with the CJI and Governor. Appointment of other judges is made after consultation with the CJI, Governor and the Chief Justice of that particular High Court.
• Collegium: According to the Second Judges Case (1993), CJI consultation implies concurrence. In the Third Judges Case (1998), the procedure involves consultation of two most senior judges of the Supreme Court.
• Qualification: An individual must be a citizen of India and either possess 10 years of experience as a judge or 10 years as an advocate of the High Court(s).
• Oath: Judges must take an oath before the Governor or any person appointed by the Governor.
• Salary: The salary and allowance of judges are decided by the Parliament and cannot be reduced after the appointment, except in case of financial emergency.
• Tenure: The parliamentary removal procedure. They also vacate office upon appointment to the Supreme Court or transfer to another High Court.

• A High Court judge may be removed by the President upon proved misbehaviour or incapacity.
• The process of removal is covered by the Judges (Inquiry) Act, 1968 and resembles that of the Supreme Court judges.
• A motion for removal must be signed either by 100 members of Lok Sabha or by 50 members of Rajya Sabha.
• If admitted, a three-member committee for investigation is set up, consisting of a Supreme Court judge/CJ and a High Court Chief Justice and a renowned jurist.
• If the motion is found to be true, both Houses deliberate on it.
• Both Houses should adopt it by special majority – majority of the total membership and two-thirds of the members present and voting.
• Then, the address of the Parliament is presented to the President, who removes the judge from his post.
• None of the High Court judges has been removed this way until now.

• The President of India can transfer a judge of one High Court to another High Court after consulting the Chief Justice of India.
• As per Third Judges Case (1998), in case of transfer of a judge of the High Court, the Chief Justice of India should consult, in addition to a collegium of 4 seniormost judges of the Supreme Court, the Chief Justices of the two High Courts concerned.
  • The sole opinion of the Chief Justice of India does not constitute the consultation process.

• The President of India can appoint a judge of the High Court as acting Chief Justice of the High Court when:
  • the office of Chief Justice of the High Court is vacant, or
  • the Chief Justice of the High Court is temporarily absent, or
  • the Chief Justice of the High Court is unable to perform the duties of his/her office.

• The President can also appoint a duly qualified person as an acting judge of a High Court when a judge of that High Court is:
  • unable to perform the duties of his/her office due to absence or any other person
  • appointed to act temporarily as Chief Justice of that High Court.
• An acting judge holds office until the permanent judge resumes his/her office. However, he/she cannot hold office after attaining the age of 62 years.

• The President can appoint duly qualified persons as additional judges of a High court for a temporary period not exceeding two years when:
  • there is a temporary increase in the business of the High Court,
  • there are arrears of work in the High Court.
  • An additional judge cannot hold office after attaining the age of 62 years.

• The Chief Justice of a High Court of a State can request a retired judge of that High Court or any other High Court to act as a judge of the High Court of that State for a temporary period.
• The Chief Justice of a High Court of a State can do so only with the previous consent of the President and also of the person to be so appointed.
• Allowances of such a judge are determined by the President of India.
• He/she enjoys all the jurisdiction, powers, and privileges of a judge of that High Court. But, he/she will not otherwise be deemed to be a judge of that high court.

• Original Jurisdiction: Certain cases are heard by the High Courts in original jurisdiction such as election matters, revenue cases, Fundamental Rights cases, constitutional interpretation cases, and certain civil cases in some High Courts.
• Writ Jurisdiction: Under Article 226, the High Courts can grant writs in relation to Fundamental Rights and other legal rights. It is concurrent with the Supreme Court and also more extensive in scope.
• Appeal Jurisdiction: The High Courts have appellate jurisdiction in civil and criminal cases appealed from subordinate courts. The civil appeals can involve questions of facts and law and the second appeal involves substantial questions of law.
• Supervisory Jurisdiction: Under Article 227, the High Courts have the powers of administrative and judicial superintendence over subordinate courts and tribunals excluding military courts.
• Control over Subordinate Courts: High Courts have control over posting, promotion, transfer, leave and discipline of the state judicial service and consultations on appointments of district judges.
• Court of Record: Under Article 215, the High Courts maintain official records and also can punish for contempt of court.
• Judicial Review: The High Courts have the power to scrutinize the validity of the Central and State laws and executive acts which violate the constitution.
• Other Powers: The High Court can review its decisions and refer cases containing important constitutional issues to the lower courts.

• Appointment: Judges are appointed by the President after consultation with the Judiciary.
• Security of Tenure: Judges can be impeached only through the constitutionally laid down procedure for proved misbehaviour or incapacity.
• Conditions of Service are fixed: These cannot normally be varied to their disadvantage, except in case of Financial Emergency.
• Financial Security: Their salaries, allowances etc. are charged on the Consolidated Fund of the State and are non-votable and pension is charged on the Consolidated Fund of India.
• Legislative Protection: Conduct of Judges cannot be questioned in the Parliament or State Legislatures, except in removal proceedings.
• Post-Retirement Disability: Retired judges cannot practise in any courts in India except Supreme Court and High Courts of other states.
• Contempt Jurisdiction: The High Courts have power to punish for contempt.
• Administrative Control: Chief Justice can appoint court staff and fix their terms of service.
• Protection of Jurisdiction: The legislature cannot take away the jurisdiction of the High Courts though it can confer additional jurisdiction on the High Courts.

• Contempt of Court refers to any acts or omissions that impede the functioning of a court of law in any manner.
• In India, the procedures and punishments related to contempt of courts are regulated by the Contempt of Courts Act of 1971.
• As per the Act, contempt of courts can be of 2 types:
  • Civil Contempt: It refers to:
    • Wilful disobedience to any judgment, order, writ, or other process of a court; or
    • Wilful breach of an undertaking given to a court
  • Criminal Contempt: It refers to the publication of any matter or doing an act that:
    • scandalizes or lowers the authority of a court; or
    • prejudices or interferes with the due course of a judicial proceeding; or
    • interferes or obstructs the administration of justice in any other manner.

Which article of the Indian Constitution establishes the High Court?

Articles 214 to 231 in Part VI of the Indian Constitution deal with the provisions related to the High Courts.

Who appoints the judges of the High Court?

The President of India appoints the judges of the High Court after consultation with the Governor of the State, the Chief Justice of India, and the Chief Justice of the concerned High Court.

Who appoints the Chief Justice of the High Court?

The President of India appoints the judges of the High Court.

How many High Courts are there in India?

There are 25 High Courts in the country. Among the Union Territories - Delhi and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own.

Which is the highest court of appeal in India?

The highest court of appeal in India is the Supreme Court of India. It serves as the final court of appeal for all civil and criminal cases across the country.