Introduction: Apex of State Judiciary
High Courts occupy a pivotal position at the state level within India's integrated judicial system. Standing immediately below the Supreme Court, they are the highest courts in the states, exercising extensive original, appellate, and supervisory jurisdiction over a vast network of subordinate courts.
Articles 214 to 231 in Part VI, Chapter V of the Constitution of India delineate the organisation, appointment, tenure, powers, and functions of these crucial institutions. The independence of High Courts is as vital as that of the Supreme Court, ensuring justice delivery and constitutional governance at the state level.
Article 214: High Court for Each State
This article mandates the existence of a High Court for every state, underscoring its foundational role in the state's judicial administration. As the highest court in the state, a High Court supervises all subordinate courts within its territorial jurisdiction.
Common High Courts (Art. 231)
The 7th Amendment Act, 1956, authorised Parliament to establish a common High Court for two or more states or for two or more states and a union territory.
- Punjab & Haryana HC: Punjab, Haryana, Chandigarh
- Gauhati HC: Assam, Nagaland, Mizoram, Arunachal Pradesh
- Bombay HC: Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu
- Calcutta HC: West Bengal, Andaman & Nicobar Islands
- Madras HC: Tamil Nadu, Puducherry
Union Territories & High Courts (Art. 230)
Article 230 empowers Parliament to extend or exclude the jurisdiction of a High Court to/from any Union Territory.
- Delhi High Court: Uniquely, Delhi has its own High Court since 1966.
- J&K and Ladakh: Continue to share a common High Court post 2019 reorganisation.
Organization of High Courts
Composition (Article 216)
Every High Court consists of a Chief Justice and such other Judges as the President may from time to time deem necessary to appoint.
Unlike the Supreme Court, the Constitution does not fix the sanctioned strength of a High Court. The number of judges is determined by the President based on factors like workload and case arrears.
Appointment of High Court Judges (Article 217)
- Chief Justice of India (CJI)
- Governor of the State concerned
- Chief Justice of India (CJI)
- Governor of the State concerned
- Chief Justice of the concerned High Court
- High Court Collegium: HC Chief Justice + two senior-most HC judges initiate recommendations.
- Supreme Court Collegium: CJI + two senior-most SC judges approve recommendations before forwarding to Government.
Controversy over the Memorandum of Procedure (MoP) for High Court appointments also exists, similar to Supreme Court appointments, regarding delays and transparency.
Qualifications for Appointment (Article 217(2))
- Must be a Citizen of India.
- Has held a judicial office in the territory of India for at least 10 years. (e.g., in subordinate judiciary)
- Has been an Advocate of a High Court (or two or more such Courts in succession) for at least 10 years.
Unlike the Supreme Court, there is no provision for a "distinguished jurist" to be appointed as a High Court judge. The Constitution also does not prescribe a minimum age for appointment.
Oath, Tenure & Removal
Oath or Affirmation (Article 219)
Before entering office, every High Court judge must make and subscribe an oath or affirmation.
This oath is administered by the Governor of the state or some person appointed by him. The form is prescribed in the Third Schedule of the Constitution.
Tenure (Article 217(1))
A High Court judge holds office until they attain the age of 62 years.
Originally 60 years
The retirement age was initially 60 years at the adoption of the Constitution.
15th Amendment, 1963
Raised the retirement age from 60 to 62 years to address workload and retain experienced judges.
A judge can resign by writing to the President.
Any question regarding the age of a High Court judge is decided by the President after consultation with the Chief Justice of India, and the President's decision is final (Article 217(3)).
Removal from Office
A High Court judge can be removed from office in the same manner and on the same grounds as a Supreme Court judge (Article 217(1) read with Article 124(4)).
- By an order of the President.
- Only after an address by Parliament, supported by a special majority (two-thirds of members present and voting, and absolute majority of total membership) in both Houses.
- On grounds of 'proved misbehaviour' or 'incapacity'.
- The procedure is regulated by the Judges (Inquiry) Act, 1968.
Salaries and Allowances (Article 221)
- Salaries, allowances, and other privileges are determined by Parliament by law. They cannot be varied to their disadvantage after appointment, except during a Financial Emergency (Article 360).
- Salaries, allowances, and administrative expenses of the High Court are charged on the Consolidated Fund of the State (non-votable by State Legislature).
- However, the pensions of High Court judges are charged on the Consolidated Fund of India, ensuring security and facilitating inter-state transfers.
Transfer of Judges (Article 222)
Presidential Power & Consultation
The President of India has the power to transfer a judge from one High Court to another High Court.
This transfer is done after consulting the Chief Justice of India (CJI).
Third Judges Case (1998) Clarification
The Supreme Court clarified the consultation process for transfers:
- CJI's recommendation requires consultation with a Collegium of CJI + 4 senior-most SC judges.
- Chief Justices of both High Courts (transferring from and to) must also be consulted.
- Consent of the judge being transferred is not required, but all relevant factors are considered.
Past Controversies
In the past, there have been controversies and allegations of transfers being used as a 'punitive measure' against judges who delivered inconvenient judgments or were critical of the executive.
The Collegium's role has been to streamline this process and ensure objectivity, generally making transfers in the public interest or for better administration of justice.
Acting, Additional, and Retired Judges
Acting Chief Justice (Art. 223)
President can appoint an HC judge as Acting CJ if the office is vacant or the CJ is unable to perform duties.
Additional Judges (Art. 224(1))
President can appoint qualified persons for temporary periods (max 2 years) due to increased business or arrears of work.
Acting Judges (Art. 224(2))
President can appoint a qualified person as acting judge when a permanent judge is temporarily absent, unable to perform duties, or acting as CJ.
Maximum age for Additional/Acting judges is 62 years.
Retired Judges (Article 224A)
Chief Justice of HC, with President's consent, can request a retired HC judge to sit and act for a temporary period. They enjoy all powers and privileges but are not deemed a permanent judge.
Safeguarding High Court Independence
Mode of Appointment
Collegium system reduces executive discretion.
Security of Tenure
Fixed tenure (till 62 years), removed only by stringent impeachment process.
Fixed Service Conditions
Salaries, allowances cannot be varied to disadvantage post-appointment (except during Financial Emergency).
Expenses Charged on Consolidated Fund
Salaries/expenses (except pension) charged on State Fund, non-votable by State Legislature.
Conduct Not Discussable in Legislature
Judge's conduct not discussed in State Legislature, except during impeachment motion.
Ban on Practice After Retirement
Cannot plead/act in any court in India, except Supreme Court and other High Courts.
Power to Punish for Contempt (Art. 215)
Maintains authority and dignity.
Freedom to Appoint its Staff (Art. 229)
Chief Justice can appoint officers/servants without executive interference.
Jurisdiction Not to be Curtailed
Powers laid down in Constitution cannot be curtailed by Parliament/State Legislature.
Separation from Executive (Art. 50)
DPSP ensuring separation of judicial functions from executive functions, extends to High Courts.
Jurisdiction and Powers of High Courts
Original Jurisdiction
Power to hear cases in the first instance, not by way of appeal. Varies among High Courts.
- Admiralty, will, marriage, divorce, and company law.
- Contempt of Court proceedings.
- Disputes relating to election of MPs and MLAs (as per Representation of the People Act, 1951).
- Enforcement of Fundamental Rights (Article 226) - significant part.
Historically, only Bombay, Calcutta, Delhi, Madras had original civil jurisdiction in high-value civil cases within metropolitan areas; largely curtailed now.
Writ Jurisdiction (Article 226)
Empowered to issue directions, orders, or writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto).
- For the enforcement of Fundamental Rights.
- AND for any other purpose (e.g., ordinary legal rights, statutory rights, administrative control).
Wider Scope than SC's Art 32: High Court's writ jurisdiction under Article 226 is wider than Supreme Court's under Article 32 because it can be invoked for the enforcement of any legal right, not just Fundamental Rights.
Territorial Jurisdiction: Extends to its territorial limits; can issue writs outside if cause of action arises within. It is a discretionary remedy.
Appellate Jurisdiction
Chief courts of appeal at the state level, hearing appeals against judgments, decrees, and orders of subordinate courts and tribunals.
- Civil Matters: Questions of law and fact from District Courts and other civil courts.
- Criminal Matters: Against convictions by Sessions Courts (e.g., death sentence confirmation).
- Intra-court appeals: From a single judge bench to a larger bench (Letters Patent Appeals).
Supervisory Jurisdiction (Article 227)
Power of superintendence over all courts and tribunals within its territorial jurisdiction, except military courts. Includes both administrative and judicial superintendence.
- Call for returns, make rules for practice, prescribe forms for records.
- Suo motu power to correct errors of jurisdiction or fundamental errors of law.
Control over Subordinate Courts (Articles 233, 234, 235)
Significant administrative control over the subordinate judiciary.
- Art. 233: Appointment of District Judges by Governor in consultation with High Court.
- Art. 234: Appointment of other judicial service members by Governor in consultation with State PSC and High Court.
- Art. 235: Control over District Courts and subordinate courts, including posting, promotion, leave, and disciplinary control.
Court of Record (Article 215)
Records and proceedings are preserved as evidence and cannot be questioned in subordinate courts.
Has the power to punish for its own contempt (civil or criminal).
Power of Judicial Review
Examine constitutionality of legislative enactments and executive orders of both Central and State governments. Can declare laws/orders unconstitutional if violative of the Constitution.
42nd Amendment Act (1976)
Curtailed judicial review power, prohibiting consideration of constitutional validity of Central laws.
43rd and 44th Amendment Acts (1977 & 1978)
Restored High Courts' power of judicial review, making them competent to hear cases concerning the constitutional validity of Central laws again.
Summary Table: High Courts in States
| Aspect | Description | Constitutional Article(s) / Context |
|---|---|---|
| Highest State Court | Apex of the state judicial hierarchy, under the Supreme Court. | Art 214 |
| Common HCs | Parliament can establish common HC for 2+ states/UTs. | Art 231 (7th Amendment, 1956) |
| UT Jurisdiction | Parliament by law can extend/exclude HC jurisdiction to/from UTs. Delhi has own HC (1966). | Art 230 |
| Composition | Chief Justice + other Judges as President deems necessary. Strength not fixed by Constitution. | Art 216 |
| Appointment of Judges | By President, involves CJI, Governor, HC CJ, Collegium System. | Art 217 |
| Qualifications | Citizen of India + 10 yrs judicial office OR 10 yrs HC advocate. No "distinguished jurist". No minimum age. | Art 217(2) |
| Oath | Before Governor. | Art 219 |
| Tenure | Till 62 years (raised by 15th Amendment, 1963). Resigns to President. | Art 217(1), 217(3) |
| Removal | Same as SC Judge (President on Parliament's special majority address for proved misbehaviour/incapacity). | Art 217(1) read with 124(4) |
| Salaries/Allowances | Determined by Parliament. Charged on Consolidated Fund of State. Pensions charged on Consolidated Fund of India. | Art 221 |
| Transfer of Judges | By President after consulting CJI & Collegium. Consent not required. | Art 222 |
| Acting/Addl./Retd. Judges | Provisions for Acting CJ (Art 223), Addl. (Art 224(1)), Acting (Art 224(2)), Retired (Art 224A). Max age for all 62. | Art 223, 224, 224A |
| Independence Safeguards | Similar to SC: security, fixed conditions, charged expenses, non-discussion of conduct, contempt power, staff appointment, jurisdiction cannot be curtailed, separation from executive. | Various Articles (215, 217, 220, 221, 229) |
| Jurisdiction & Powers | Original, Writ (Art 226 - wider scope), Appellate, Supervisory (Art 227), Control over Subordinate Courts (Art 233, 234, 235), Court of Record (Art 215), Judicial Review. | Art 226, 227, 233, 234, 235, 215, 225 |
Prelims-ready Notes
Art 214:
High Court for each state.
Art 231 (7th Amend, 1956):
Common HC for 2+ states/UTs (e.g., P&H, Bombay, Gauhati).
Art 230:
Parliament can extend/exclude HC jurisdiction to/from UTs. Delhi has own HC (1966).
Composition (Art 216):
CJ + other judges as President deems necessary. Strength not fixed by Constitution.
Appointment (Art 217):
By President. HC CJ: Consults CJI + State Governor. Other HC Judges: Consults CJI + State Governor + HC CJ. Collegium System involved.
Qualifications (Art 217(2)):
Citizen + 10 yrs judicial office OR 10 yrs HC advocate. No distinguished jurist. No minimum age.
Tenure (Art 217(1)):
Till 62 years (raised by 15th Amend, 1963 from 60). Resigns to President.
Salaries (Art 221):
Charged on Consolidated Fund of State. Pensions charged on Consolidated Fund of India.
Writ (Art 226):
For FRs AND any other purpose. Wider scope than SC's Art 32.
Mains-ready Analytical Notes
Major Debates/Discussions
- Pendency of Cases: Immense backlogs impacting timely justice, leading to debates on increasing judge strength, infrastructure, and procedures.
- Vacancies and Appointment Delays: Significant vacancies due to delays in Collegium and government approvals, contributing to pendency.
- Judicial Accountability vs. Independence: Calls for greater accountability in appointments, transfers, and conduct of HC judges.
- Adequacy of Judicial Infrastructure: Many HCs and subordinate courts lack adequate infrastructure, staff, and technological support.
- Inter-State Transfer of Judges: While aimed at national integration, sometimes perceived as punitive or causing inconvenience.
Historical/Long-term Trends, Continuity & Changes
- Post-Independence Growth: HCs have grown significantly in number and jurisdiction, adapting to complex legal landscape.
- Expansion of Writ Jurisdiction: Art 226 expansively interpreted to protect wide array of rights (socio-economic), crucial for citizen access to justice.
- Impact of Constitutional Amendments: 42nd, 43rd, and 44th Amendments altered and then restored judicial review powers, showing legislative attempts to control judicial power.
- Role in Constitutionalism: HCs vital in upholding constitutional principles, judicial review, and federalism within their states.
Contemporary Relevance/Significance/Impact
- Frontline for Justice Delivery: Primary constitutional courts for citizens at state level, accessible remedies.
- Checks on State Executive/Legislature: Exercise significant judicial review over state laws and executive actions.
- Human Rights Protection: Broad writ jurisdiction (Art 226) makes them crucial defenders of rights.
- Supervisory Role over Subordinate Judiciary: Essential for uniformity, discipline, and efficiency.
- Catalyst for Social Change: Through judgments, often drive social reforms and hold state agencies accountable.
Real-world & Current Developments
High Court Orders on COVID-19 Management
During the pandemic (2020-2022), several High Courts actively intervened in state governments' COVID-19 management, issuing directions on oxygen supply, hospital beds, and migrant worker issues. This demonstrated their expansive writ jurisdiction and supervisory role, directly impacting public welfare.
Challenges to State Laws
Many state laws (e.g., related to local body elections, agricultural reforms, religious conversions, or specific reservation policies) are regularly challenged in High Courts. This showcases their crucial judicial review power over state legislative actions, ensuring constitutional compliance.
Expansion of Live Streaming
Following the SC's lead, some High Courts (e.g., Gujarat, Karnataka, Orissa) have started live streaming their proceedings. This enhances transparency, allowing public access to high-stakes cases and promoting judicial accountability.
Focus on e-Courts Project Phase III
The government's continued push for the e-Courts project aims to integrate technology deeper into court functioning, including for High Courts, to improve case management, data accessibility, and overall efficiency, addressing the challenge of pendency.
Illustrative: High Court Case Pendency Trend (2018-2023)
While exact real-time data is dynamic and requires external integration, this conceptual chart represents typical trends.
Note: "L" denotes Lakhs (100,000). Data is illustrative and represents a general trend, not exact figures.
UPSC Previous Year Questions
UPSC Prelims 2018
With reference to the Constitution of India, consider the following statements:
- No High Court shall have the jurisdiction to declare any Central law to be constitutionally invalid.
- An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d)
Explanation: Both statements are incorrect. High Courts can examine the constitutional validity of Central laws (post 42nd Amendment reversal). The Supreme Court can question constitutional amendments (Basic Structure doctrine).
UPSC Prelims 2017
Consider the following statements:
- The Supreme Court of India tenders advice to the President of India on matters of law or fact.
- Only the Supreme Court of India has the power to declare any law as unconstitutional.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a)
Explanation: Statement 1 is correct (Advisory Jurisdiction of SC, Art 143). Statement 2 is incorrect; High Courts (Art 226) also have the power of judicial review and can declare laws unconstitutional within their territorial jurisdiction.
Original MCQs for Prelims
Original MCQ 1
With reference to the High Courts in India, consider the following statements:
- The number of judges in a High Court is fixed by the Parliament of India.
- A High Court judge's pension is charged on the Consolidated Fund of India.
- The Chief Justice of a High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned state.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b)
Explanation: Statement 1 is incorrect (strength determined by President, Art 216). Statement 2 is correct (Art 221). Statement 3 is correct (Art 217).
Original MCQ 2
Which of the following statements correctly differentiates the writ jurisdiction of the High Court (Article 226) from that of the Supreme Court (Article 32)?
- (a) The High Court can issue writs only for the enforcement of Fundamental Rights, whereas the Supreme Court can for any legal right.
- (b) The Supreme Court can issue writs only for the enforcement of Fundamental Rights, whereas the High Court can for any other purpose in addition to Fundamental Rights.
- (c) Both the High Court and the Supreme Court can issue writs only for the enforcement of Fundamental Rights.
- (d) The Supreme Court's writ jurisdiction is wider in territorial scope, while the High Court's is narrower.
Answer: (b)
Explanation: SC's Art 32 is limited to FRs, while HC's Art 226 is for FRs and "any other purpose" (i.e., other legal rights), making its scope wider.
Original Descriptive Questions for Mains
"High Courts in India act as the primary interface between citizens and the higher judiciary, playing a crucial role in safeguarding rights and ensuring accountability at the state level." Elaborate on this statement, with a particular focus on their original and writ jurisdictions, and the challenges they face in dispensing justice.
Key Points to consider: Explain their role as frontline constitutional courts; detail their broad writ jurisdiction (Art 226) and how it facilitates access to justice for various rights; discuss their supervisory and judicial review powers as accountability mechanisms. Address challenges like pendency, vacancies, and infrastructure deficits.
Compare and contrast the constitutional provisions related to the appointment, tenure, and removal of judges of the Supreme Court and High Courts. Do the existing differences reflect a clear hierarchical design or do they raise concerns regarding the status of High Court judges?
Key Points to consider: Highlight similarities (Collegium, impeachment process, independence safeguards) and differences (retirement age, 'distinguished jurist' clause, practice after retirement, who consults whom for appointments, pensions). Analyze if these differences indicate a justified hierarchy or lead to concerns about HC judge status.