High Court
The Indian judicial system is an integrated form of the judicial system. There is a hierarchy of
courts. At the apex is the Supreme Court of India, and the High Courts operate below the
Supreme [Link] every state has a High Court and is considered the topmost court at the
state level. Many subordinate courts in a state work under [Link] 214 to 231 of Part VI of the
Constitution deals with the provisions of the High Court.
Composition of High Court
Every High Court of a state or states consists of a Chief Justice appointed by the President with
the consultation of the Chief Justice of India and the Governor of that state.
Along with the Chief Justice, other judges are appointed by the President as per the requirement
of work. There is no specific limit prescribed for the appointment of judges in a High Court. It
may vary from time to time.
Qualification of Judges
A person who is to be appointed as a judge of a High Court must possess the following
qualifications:
1. He must be a citizen of India.
2. He should have ten years of experience as a judge. Or
3. He should be a practising advocate for a period of ten years in the High Court.
4. No age limit is prescribed for the appointment of judges of the High Court.
5. But unlike the Supreme Court, any eminent jurist is not eligible for becoming a High Court
judge.
Tenure of High Court Judges
1. A judge of the High Court holds the office until the age of 62 years.
2. A High Court judge gives his resignation to the President in writing.
3. If the President desires so and on the recommendation of parliament, he may remove any High
Court judge.
4. A High Court judge is said to vacate his office when he is transferred to another High Court or
is elevated to the Supreme Court.
Removal of High Court Judges
The removal of the judge of a High Court can be based on two grounds. That
is misbehaviour or incapacity to hold office.A High Court judge may be removed by order of
the President only. But the President may remove a judge only when the parliament by 2/3
majority approves for the [Link] procedure for impeaching a High Court judge is quite
similar to that of a Supreme Court judge.
High Court Jurisdiction
The various kinds of the jurisdiction of the High Court are briefly given below:
Original Jurisdiction
• The High Courts of Calcutta, Bombay and Madras have original jurisdiction in criminal
and civil cases arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled to hear civil cases
which involve property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in order to enforce
fundamental rights.
• With respect to other cases: All High Courts have original jurisdiction in cases that are
related to will, divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.
Appellate Jurisdiction
• In civil cases: an appeal can be made to the High Court against a district court’s decision.
• An appeal can also be made from the subordinate court directly if the dispute involves a
value higher than Rs. 5000/- or on a question of fact or law.
• In criminal cases: it extends to cases decided by Sessions and Additional Sessions Judges.
• If the sessions judge has awarded imprisonment for 7 years or more.
• If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.
• In constitutional cases: if the High Court certifies that a case involves a substantial
question of law.
High Court Powers
Apart from the above, the High Courts have several functions and powers which are described
below.
As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts for
deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or institution.
Administrative Powers
1. It superintends and controls all the subordinate courts.
2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also transfer the case to itself
and decide the same.
5. It can enquire into the records or other connected documents of any subordinate court.
6. It can appoint its administration staff and determine their salaries and allowances, and
conditions of service.
Power of Judicial Review
High Courts have the power of judicial review. They have the power to declare any law or
ordinance unconstitutional if it is found to be against the Indian Constitution.