Introduction

• High Court is the highest judicial authority in a State.
• Part of the Single Integrated Judiciary system (along with SC and Subordinate Courts).
• Governed by Articles 214 to 231.

Composition

• Chief Justice + Other judges as determined by the President.
• Constitution does not fix strength; varies by state.
• Appointments are made by the President in consultation with:
  • Chief Justice of India (CJI)
  • Governor of the State
  • In case of other judges – also Chief Justice of the respective High Court

Qualifications of High Court Judges

• Citizen of India
• Should have held:
  • Judicial office for 10 years OR
  • Advocate in High Court(s) for 10 years

Appointment & Tenure

Independence of High Court

Measures include:

• Fixed tenure and security of salary (not subject to vote of State Legislature)
• Removal procedure is complex and same as SC
• Judges are barred from post-retirement practice in courts where they served
• Jurisdiction can’t be reduced by State Legislature

Jurisdiction of High Court

A. Original Jurisdiction

• Disputes related to:
  • Enforcement of Fundamental Rights (Article 226)
  • Election petitions (state legislature)
  • Matters related to wills, divorce, company law (in some HC)
• Article 226 is wider than Article 32 of SC – can issue writs for any legal right, not just Fundamental Rights.

B. Appellate Jurisdiction

• Civil and criminal appeals from lower courts
• Decisions of administrative tribunals and other authorities

C. Supervisory Jurisdiction (Article 227)

Power to supervise all lower courts and tribunals in its jurisdiction (except military courts)

D. Court of Record (Article 215)

• High Court’s judgments, orders, and proceedings are recognized as legal precedents
• Can punish for contempt of court

Territorial Jurisdiction

Every state has a High Court, But common high ourts exist for:

• Punjab & Haryana (+ Chandigarh)
• Assam, Nagaland, Mizoram, Arunachal Pradesh (Guwahati HC)
• Kerala + Lakshadweep
• Mumbai HC also serves Dadra & Nagar Haveli and Daman & Diu

Subordinate Courts

• High Courts have administrative control over subordinate courts under Article 235.
• Include District Courts, Civil Judges, and Judicial Magistrates.

Key Articles Summary

Quick Facts for Prelims

• High Court judge retires at 62 years; SC judge at 65 years
• High Court writs under Art. 226 are broader than SC writs under Art. 32
• High Court is not bound to accept SLP like SC
• HC can punish for contempt under Article 215