HIGH COURT

High Court is the highest judicial court in a state in single integrated judicial system of India. It is termed as the second-highest in the country after Supreme Court of India. The High Court occupies the top position in the judicial administration of a state.

TIMELINE
The institution of high court originated in India in 1862 with three high courts were set up at Calcutta, Bombay and Madras (Indian high Courts act). Fourth High Court was established at Allahabad in 1966.
After 1950, a high court existing in a province became the high court for the corresponding state.
Andhra Pradesh Reorganisation Act, 2014 - Came into effect from 2 June 2014 has facilitated establishment of separate High Courts for Telangana and Andhra Pradesh.
Currently, India has total 25 High Courts established in different states of the country.

CONSTITUTIONAL POSITION

• Art.214 to 231 in Part VI (State) of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the High Court.
• Constitution gives a High Court jurisdiction over revenue matters.
• Constitution empowers the Parliament and the state legislature to change the jurisdiction and powers of a High Court.
• The Constitution of India provides for a High Court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common High Court for two or more states or for two or more states and a UT.
• 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 territories of the concerned states and union territory.
• Delhi is the only UT in India having high court of its own (since 1966).

ORGANISATION OF HIGH COURT (ARTICLE 216)

• Every HC (whether exclusive or common) consist of Chief Justice and such other judges as President may from time to time deem necessary to appoint.
• Constitution does not specify strength of High Court and leaves it to the discretion of the President.
• The judges of a high court are appointed by the President. Chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.

PROCEDURE TO APPOINTMENT OF JUDGES

• Third Judges case (1998)- Supreme Court opined that in case of the appointment of HC judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court.
• CJI then needs to submit this recommendation to the Central government as part of the record.
• After receipt of the final recommendation of the CJI, the Minister of Law and Justice will put up the recommendation to the PM who will advise the President in the matter of appointment.

TRANSFER OF JUDGE

• A High Court judge is also liable to get transferred to other High Courts. This decision is entirely dependent on the Chief Justice of India.

COLLEGIUM SYSTEM

• A High Court collegium is led by its Chief Justice and four other senior most judges of that court. Names recommended for appointment reach the government only after approval by the Chief Justice and the Supreme Court collegium.

QUALIFICATION OF JUDGE HIGH COURT

• He should be a citizen of India.
• 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 for ten years.

PROCEDURE FOR TRANSFER OF JUDGES

• Transfer of Judges from one HC to another HC is made by the President after consultations with the CJI under Article 222 (1) of the Constitution.
• Transfer can be ordered only on 'public interest' for the 'better administration of justice’.

Oaths and Affirmations

• A person appointed as a judge of a high court, before entering upon his office, has to take oath before the governor of the state.

Salaries and allowances

• Salaries, allowances, privileges, leave and pension of the judges of a high court are determined by Parliament. Salaries are charged on Consolidated Fund of the State and pensions on Consolidated Fund of India.

TENURE OF JUDGES

• He holds office until he attains the age of 62 years. 
• Resignation - By writing to the president.
• He can be removed from office by the President on recommendation of Parliament.

REMOVAL OF JUDGES

• Grounds – Proved misbehaviour or incapacity.
• Procedure governed by Judges Enquiry Act, 1968.

ACTING CHIEF JUSTICE (ARTICLE 223)

• President can appoint a judge as acting chief justice when:
• Office of chief justice is vacant,
• Chief justice is temporarily absent, or
• Chief justice is unable to perform duties.

ADDITIONAL AND ACTING JUDGES (ARTICLE 224)

• Appointed to clear arrears or manage temporary increase in business.

RETIRED JUDGES (ARTICLE 224 A)

• Chief Justice can request a retired judge to act as judge with consent of President.

JURISDICTION OF HIGH COURT (ARTICLE 225)

• Original Jurisdiction – Election disputes, marriages, enforcement of FR, revenue matters, contempt of court.
• Writ jurisdiction – Wider than Supreme Court. Can issue writs for FR and “any other purpose”.
• Appellate jurisdiction – Civil and criminal cases from subordinate courts.

SUPERVISORY JURISDICTION

• Power over all courts and tribunals under its territory except military courts.
• Power includes administrative and judicial superintendence.

CONTROL OVER SUBORDINATE COURTS

• Consulted by governor for appointment, posting and promotion of district judges.

COURT OF RECORD (ARTICLE 215)

• Judgements recorded for perpetual memory.
• Power to punish for contempt of court.

JUDICIAL REVIEW

• Power to examine constitutionality of legislative and executive actions.

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Subject: Polity

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