2 minConstitutional Provision
Constitutional Provision

High Courts

What is High Courts?

High Courts are the highest judicial bodies in a state or a union territory in India, forming a crucial part of the country's integrated judicial system. They exercise original, appellate, and writ jurisdiction over their respective territories.

Historical Background

The first High Courts in India were established in 1862 in Calcutta, Bombay, and Madras under the Indian High Courts Act, 1861. Post-independence, the Constitution of India provided for a High Court for each state, or a common High Court for two or more states/union territories.

Key Points

8 points
  • 1.

    Constitutional Basis: Article 214 states that there shall be a High Court for each state. Article 231 allows for a common High Court for two or more states or for a state and a Union Territory.

  • 2.

    Composition: Each High Court consists of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint.

  • 3.

    Appointment of Judges: Appointed by the President after consultation with the Chief Justice of India (CJI), the Governor of the concerned state, and in the case of appointment of a judge other than the Chief Justice, the Chief Justice of the High Court. The process is governed by the Collegium system.

  • 4.

    Tenure: Judges hold office until they attain the age of 62 years.

  • 5.

    Removal: Similar to Supreme Court judges, through a parliamentary impeachment process.

  • 6.

    Jurisdiction: Includes Original Jurisdiction (e.g., admiralty, election petitions), Writ Jurisdiction (under Article 226, broader than SC's Article 32), Appellate Jurisdiction (from subordinate courts), and Supervisory Jurisdiction (under Article 227, over all subordinate courts and tribunals).

  • 7.

    Control over Subordinate Courts: Exercises control over district courts and other subordinate courts (Article 235).

  • 8.

    Transfer of Judges: Can be transferred from one High Court to another by the President after consultation with the CJI (governed by the Collegium).

Visual Insights

High Courts in India: Key Functions and Powers

A mind map illustrating the key functions and powers of High Courts in India, including their jurisdiction, constitutional provisions, and role in the judicial system.

High Courts

  • ●Jurisdiction
  • ●Constitutional Provisions
  • ●Supervisory Role
  • ●Judicial Review

Recent Developments

4 developments
→

Increasing Number of High Courts: Creation of new High Courts (e.g., Telangana, Andhra Pradesh) to cater to new states. India currently has 25 High Courts.

→

Judicial Vacancies: Persistent issue of large numbers of judicial vacancies, leading to backlogs and delays in justice delivery.

→

Infrastructure and Technology: Efforts to modernize High Courts with e-courts projects, virtual hearings, and improved infrastructure.

→

Judicial Activism: High Courts frequently exercise their writ jurisdiction to address public interest issues and enforce fundamental rights.

Source Topic

Death Penalty: High Acquittal Rate Raises Concerns Over Trial Convictions

Polity & Governance

UPSC Relevance

Very important for UPSC GS Paper 2 (Polity & Governance). Questions on the jurisdiction, powers, appointment of judges, and role of High Courts in the judicial system are common in both Prelims and Mains. Essential for understanding the federal structure of the judiciary.

High Courts in India: Key Functions and Powers

A mind map illustrating the key functions and powers of High Courts in India, including their jurisdiction, constitutional provisions, and role in the judicial system.

High Courts

Original Jurisdiction

Appellate Jurisdiction

Article 214 (Establishment)

Article 226 (Writ Jurisdiction)

Supervision of Lower Courts

Case Transfers

Interpretation of Constitution

Interpretation of Laws

Connections
High Courts→Jurisdiction
High Courts→Constitutional Provisions
High Courts→Supervisory Role
High Courts→Judicial Review