All You Need To Know About Indian High Court
Introduction
A state's top court is known as the High Court. It is recognized as the nation's second-highest court and is positioned behind the Supreme Court of India. There are 25 High Courts spread out across India at the moment.
High Courts: A Brief Historical Overview
• The State Judicial System consists of a High Court and a network of lower courts.
• On the recommendation of the Law Commission, the Indian High Courts Act 1861, which proposed the formation of High Courts in the three Presidency cities of Calcutta, Madras, and Bombay in place of the Supreme Court, was adopted in 1858. Over time, further High Courts were created.
• The High Court of Calcutta issued a charter in May 1862, and the High Courts of Madras and Bombay followed suit in June 1862. As a result, the Calcutta High Court was established as the first High Court in the nation.
• The High Courts' organizational framework and legal foundation are established by the Constitution.
• 25 High Courts for 28 States and 8 Union Territories currently exist. The Andhra Pradesh High Court is a recent addition to the region. It becomes operational on January 1st, 2019.
Constitutional Provisions - High Courts
• In accordance with Article 214 of the Indian Constitution, each State shall have a High Court.
• A joint High Court for two or more States may be established by Parliament under Article 231 of the Constitution.
Strength of High Court
The High Court is composed of the Chief Justice and any additional justices that the President may deem appropriate from time to time, as stated in Article 216 of the Indian Constitution. In this way, unlike the Supreme Court, the number of judges on a High Court can vary and be decided by the President on a case-by-case basis while taking the volume of work before a High Court into consideration.
Appointment
• A High Court's judges are chosen by the President.
• However, before assigning judges to High Courts other than the Chief Justice, the President must contact the Chief Justice of India, the Governor of the State, and the Chief Justice of that High Court.
Judge Transfer
In accordance with Article 222, the President may transfer High Court judges after consulting with the Chief Justice of India.
Tenure And Termination
• A High Court judge who is appointed permanently holds office until age 62.
• The President decides on any disagreements regarding the age of judges after consulting with the Chief Justice of India, the President's judgment is final.
• On the advice of the Parliament, the President may order the Removal Judge to vacate his position.
• Only misbehavior and incapacity are grounds for removal.
• The order was approved after each House of Parliament gave a speech that was supported by a majority of the entire House and a two-thirds majority of the members of each House present at the time and voting.
Judges of A High Court's Salaries
According to Article 221, a judge of the High Court is entitled to the pension and leave-of-absence benefits that Parliament may occasionally decide upon. However, this cannot be altered to the Judge's detriment once he has been appointed.
Judge of A High Courts' Oath
A High Court Judge must take and swear an oath or affirmation before the State Governor before entering office in accordance with Article 219 of the Constitution.
Qualifications
• A candidate who meets the requirements to be appointed as a High Court Judge:
• He must be a citizen of India.
• Must have spent at least ten years working in India's court system.
• He must have served as an advocate in at least two High Courts in quick succession for at least ten years.
Authority And Powers
• The territorial limits of a state coincide with the jurisdiction of a high court.
• The High Court's authority does, however, extend to those areas if the Parliament creates a High Court for two or more States or expands its jurisdiction to Union Areas.
• The Constitution does not provide a full definition of the High Courts' authority, jurisdiction, or other administrative functions.
Original Jurisdiction
• The other High Courts primarily have appellate authority, however the High Court of the Presidency Towns has original and appellate jurisdiction.
• Only cases involving admiralty, probate, matrimonial law, and contempt of court fall under the original jurisdiction of the other High Court. The Presidency High Courts used to have initial jurisdiction over civil and criminal cases.
• All High Courts, however, lost their initial criminal jurisdiction as a result of the Criminal Procedure Code of 1973. Now only civil cases with a value above a certain threshold fall under the original jurisdiction.
Appellate Courts' Powers
• All High Courts consider appeals in civil and criminal cases from both their subordinate courts and their original side as they function as appellate tribunals.
• Several High Courts permit intra-court appeals. From a single judge's ruling, an appeal may be made to a division bench of the same High Court.
• On the other hand, tribunals established in accordance with the statute controlling the nation's military services are outside the purview of the High Courts.
Writs
• According to Article 226 of the Constitution, the High Courts have the authority to issue directives, orders, or writs for the enforcement of Fundamental Rights as well as for any other reason.
DIFFERENCE BETWEEN WRIT JURISDICTION OF SUPREME COURT AND HIGH COURTS:
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Supreme Court |
High Court |
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The Supreme Court can only issue writs when a fundamental right has been violated. |
High Courts can issue writs for both fundamental rights enforcement and ordinary legal rights of citizens. Hence jurisdiction of the High Court is more than the Supreme Court. |
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Under Article. 32, the Supreme Courts are required to issue writs. |
The High Courts may or may not use their writ jurisdiction to offer relief to the aggrieved person |
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The Supreme Court's territorial authority encompasses the entire country. |
The territorial jurisdiction of the High Courts is limited |
Court of Record For Lower Courts
• The lower courts must abide by the High Courts' decision.
• All upcoming cases will be related to its methods and judgments.
• It has the power to punish anyone who disobeys it or one of its lower courts.
• It can also search the files of its inferior courts.
Superintendence
• Every High Court has the authority to oversee all courts and tribunals operating within its territorial jurisdiction, with the exception of those dealing with the Armed Forces.
• The High Court establishes guidelines and standards for how these courts must do their business in addition to overseeing and managing their operations.
• The High Court is qualified to exercise this authority.
• It develop and publish general rules governing their practices and proceedings, as well as defining forms, specify the formats in which any such court's officers must maintain their books and accounts, and transfer cases from one court to another.
• Under Article 235, the High Court may also establish guidelines for the appointment, promotion, and absence of lower court personnel.
Judicial Review Authority
The High Court has the authority to examine the constitutionality of legislative and executive orders issued by the federal and state governments. Despite the absence of the phrase "judicial review" in our constitution, Articles 13 and 226 explicitly provide the High Court this authority.
Conclusion
The High Court is the top appellate court in the State's legal system. With its creation, Indian citizens have proclaimed justice. In instances concerning the Indian Constitution, the High Court's authority is meant to ensure a fair trial, as a result, it also protects the democratic state.