High Court – Indian Polity Notes

Table of Contents

The scheme for the judiciary provided under our constitutional set-up is integrated and independent. The constitution provides for High Courts at the state level. It must be noted here, that in our constitutional scheme both Supreme Court and High Courts derive their original powers from the constitution and High Courts are not subject to the administrative control of the Supreme Court.

Articles 214 to 231 enshrined in Part VI of the Constitution deal with the High Courts.

History of High Courts in India:

High Courts were first established in India under Indian High Court Act, 1861 at Calcutta, Bombay and Madras in 1862. Currently, there are 25 High Courts in India

Qualifications for a High Court judge:

Citizen of India.
Must have held a judicial office in the territory of India for at least 10 years. OR
At least has been an advocate of the High Court or 2 or more High Courts in succession for at least 10 years.
Judicial office means judges in district court, tribunals etc. (Excluding executive magistrate).

Appointment of judges in the High Courts (Article 223):

Number of judges is not fixed, decided by the President.
Appointments are done by the President in consultation with judges of Supreme Court, concerned High Courts and governor of the state.
In practice: On recommendations of collegium consisting CJI + 2 senior most SC judges.

Tenure of high court judges:

They serve till the age of 62 years

Removal:

The constitution provides for removal of judges (of both SC and HC) on grounds of incapacity and misconduct.

Process:

The entire process is governed by the Judges Inquiry Act as well as constitutional provisions.

Motion can be brought in parliament. It requires the support of 100 MPs in Lok Sabha and 50 MPs in Rajya Sabha.
Presiding officers may accept or reject such proposal.
- If accepted, a committee of 3 members: a SC Judge, Chief Justice of any High Court and distinguished jurist is appointed for investigation.
- If committee approves then process goes forward or ends at this stage.
Bill asking for removal is presented and to be passed by both houses with special majority.
Such bill need to get presidential assent in the same session.
The High Court judge stand removed from his office.

Other ways of removal:

Resignation addressed to the President.
Death.

Transfer of High Court judges:

Under article 222, the President after consultation with the CJI can transfer a judge from one High to another High Court.

In practice, the transfers of High Court judge are made on recommendations of the supreme court collegium (CJI + 4 senior most judges).

Independence of High Courts:

Constitution of India provides for Doctrine of Separation of Powers. It detaches Judiciary from the executive.[Article 50].
Conduct of High Court judges cannot be discussed on the floor of the parliament unless motion of their removal is taken for consideration.
The judicial appointment are immune from executive interference.
The expenses of the High Courts including salaries of judges and other administrative expenses are charged on consolidated fund of state.

Jurisdiction of High Court:

Original Jurisdiction:

Civil Jurisdiction: High Courts hold the jurisdiction to hear cases which are civil in nature.
Criminal Jurisdiction: The High Courts can try all criminal offences of the state, including those punishable with death.
Writ Jurisdiction: The High Court has the power to issue writs, in case it feels gross violation of fundamental rights has taken place.
Election Jurisdiction: under RPA 1951, the HC can hear election disputes in case of MPs and MLAs
HC are also court of records.

Supervisory Jurisdiction on subordinate courts

Appellate Jurisdiction

Civil Cases: The High Court holds an appellate jurisdiction against a district court’s judgement.
Criminal Cases: The High Court holds appellate jurisdiction over judgements, orders, or decrees, passed by the District Courts, Sessions Courts

Constitutional Jurisdiction:

Like the Supreme Court, High Courts are also have power to interpret the provisions of constitution. But the ultimate power to interpret lies with the Supreme Court of India.

Procedure for creating new High Courts:

Parliament by law provides for establishment of new High Courts under article 214 or extends jurisdiction of existing High Courts to neighbouring/adjacent state making the court, common High Courts for 2 or more states under article 231.

E.g. the newest High Court in India is Andhra Pradesh High Court established in 2019. AP (Reorganization) Act 2014 had provided that High Court for both states. High At Hyderabad became Telangana High Court (which was common HC until new High Court for AP is established).

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