Introduction
High Courts in India are crucial to the country’s
judicial system, serving as the highest courts of appeal at the state level.
They possess extensive powers, including original and appellate jurisdiction,
writ jurisdiction, and supervisory authority over subordinate courts. Chapter V
of the Constitution of India, 1950 (COI) provides for the High Courts in the
States. Section 214-Section 232 of the COI are provided for under this Part.
Composition of High Court
Each state has one High Court. The high court is
headed by the Chief Justice of High Court. The Chief Justice is assisted by the
other High Court judges. The President determines the strength of a High Court
from time to time depending upon the workload of the High Court.
Appointment of Judges of High Court
The Chief Justice and other judges of the High Court
are appointed by the President of India as can be seen in the following
sections.
·
Appointment of Chief Justice of High Court
The Chief Justice is appointed by the President after
consultation with the Governor of the concerned State and the Chief Justice of
India.
·
Appointment of Other Judges of High Court
Other judges of the High Court are appointed by the
President after consultation with the Governor of the State, the Chief Justice
of India, and the Chief Justice of the concerned High Court.
In the case of a common High Court for two or more
States, the Governors of all the States concerned are consulted by the
President of India.
As per the Second Judges Case (1993), consultation
with the Chief Justice of India means concurrence and advice tendered by the
Chief Justice of India is binding on the President.
As per the Third Judges Case (1998), the Chief Justice
of India should consult a collegium of 2 senior-most judges of the Supreme
Court before recommending the name to the President.
The recommendations made by the Chief Justice of
India, without consulting the collegium, are not binding on the President.
Qualifications for appointment as judge of High Court
High court judge should be a citizen of India
Judge of the high court held a judicial office for at
least 10 years or worked as an advocate in a high court for at least 10 years.
Jurisdiction of High Court
Article 225 of the COI preserves the
pre-constitutional jurisdiction of the High Court. Jurisdiction is the power
that a court of law exercises to carry out judgements and enforce laws.
A. Original Jurisdiction
B. Writ Jurisdiction
C. Appellate Jurisdiction
D. Supervisory Jurisdiction
E. Judicial Review
(A) ＯＲＩＧＩＮＡＬ ＪＵＲＩＳＤＩＣＴＩＯＮ
Article 225: It confers the power of a High Court to
hear disputes in the first instance, and not by way of appeal.
It extends to the given following matters:
·
Matters of admiralty
·
Contempt of
court
·
Regarding
election disputes of the members of
Parliament and state legislatures.
·
Regarding
revenue matters
·
Enforcement
of fundamental rights of citizens.
¾ Cases transferred from a subordinate court which
involves the interpretation of the Constitution.
· Original Civil Jurisdiction of High Courts: The High Courts such as Calcutta, Bombay, Madras and Delhi High
Courts have original civil jurisdiction in cases of higher value.
· Abolition of Original Criminal Jurisdiction: The
Criminal Procedure Code, 1973 abolished the powers of original criminal
jurisdiction vested in the Calcutta, Bombay and Madras High Courts.
(B) ＷＲＩＴ ＪＵＲＩＳＤＩＣＴＩＯＮ
In India, the power to issue writs is conferred only
to the Supreme Court (Article 32) and the High Courts (Article 226).
However, the writ jurisdiction of the High Court is
wider than that of the Supreme Court.
While the Supreme Court can issue writs only for the
enforcement of fundamental rights, the High Court can issue writs for the
enforcement of Fundamental Rights as well as any ordinary legal right.
(1) Writ of Habeas Corpus:
It is a Latin phrase which means ‘to have a body or to
produce a body’. This is the most often used writ. When a person is wrongfully
held by the government, that person, or his family or friends, can file a writ
of Habeas Corpus to have that person released.
(2) Writ of Mandamus:
It is a Latin phrase that translates to ‘we command.’ Mandamus
is a judicial command issued to perform public duty. The only requirement for
using this writ is that there should be a mandatory public duty.
(3) Writ of Certiorari:
It is a Latin phrase that means ‘to be informed.’ It
is a command or order issued by the Higher Court to the inferior court. It is
issued when the inferior courts violate the principles of natural justice. The
Superior Court can quash the order given by the inferior court, if it finds any
error.
(4) Writ of prohibition:
It simply means ‘to stop’. This writ is issued against
the inferior court (i.e., subordinate courts, tribunals, quasi-judicial bodies)
by the Higher Courts.
(5) Writ of Quo warranto:
The term Quo warranto means ‘by what authority’. It is
issued against a private person by what authority he is holding the office on
which he has no right. By this writ, the Court can control the public official
appointment, and protect a citizen from being deprived of a public office to
which he may be entitled.
(C) ＡＰＰＥＬＬＡＴＥ ＪＵＲＩＳＤＩＣＴＩＯＮ
The High Court is primarily a court of appeal and
hears appeals against the judgments of Subordinate Courts functioning within
the territorial jurisdiction of the State.
The Appellate Jurisdiction of the Supreme Court can be
classified under the following two heads:
1.
Appeals in Civil Matters
The civil appellate jurisdiction of a High Court is as
follows:
·
First
appeals from the orders and judgments of the district courts, additional
district courts, and other subordinate courts lie directly to the high court,
on both questions of law and fact.
·
Second
appeals from the orders and judgments of the district court or other
subordinate courts lie to the high court in the cases involving questions of
law only, and not questions of fact.
Some High Courts have provision for intra-court
appeals. Under this, when a single judge of the High Court has decided a case,
an appeal from such a decision lies to the division bench of the same High
Court. Appeals from the decisions of the administrative and other tribunals lie
to the division bench of the State High Court.
2.
Appeals in Criminal Matters
Appeals from the judgments of Sessions Court and
Additional Sessions Court lie to the High Court if the sentence is one of
imprisonment for more than seven years.
A death sentence or capital punishment awarded by a
Sessions Court or an Additional Sessions Court should be confirmed by the High
Court before it can be executed, whether there is an appeal by the convicted
person or not.
(D) ＳＵＰＥＲＶＩＳＯＲＹ ＪＵＲＩＳＤＩＣＴＩＯＮ
As per Article 227, the High Court has power of superintendence over all
other subordinate courts and tribunals functioning in its territorial
jurisdiction except military courts or tribunals.
Thus, it may–
·
Authority
to Call for Returns: Call for returns from such courts
·
Rule-Making
and Regulation: Make and issue general rules and prescribe forms for regulating
the practices and proceedings of such courts
·
Bookkeeping
and Record-Keeping Standards: prescribe forms in which books, entries and
accounts shall be kept by the officers of any such courts.
·
Fee
Settlements for Court Officials: Settle the fees payable to the sheriff,
clerks, officers and legal practitioners of them.
The following points are to be noted under the
Supervisory Jurisdiction of High Courts:
·
It covers
not only administrative superintendence but also judicial superintendence,
·
It is a
revisional jurisdiction,
·
It can be
suo-motu (on its own) and not necessarily on the application of a party.
(E) ＪＵＤＩＣＩＡＬ ＲＥＶＩＥＷ
High court is authorised to review any judgment or
order developed by any subordinate court, with a perception of reducing any
kind of mistake or error that can crept in the judgement; it is referred as
Judicial Review.
This is done in cases of errors of law, wrong judgment
and fragrant error in procedure.
FUNCTIONS OF HIGH COURT
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.
High Court Autonomy (Independence of High Court)
The
independence of the High Courts can be corroborated by the points given below:
1. Appointment
of Judges: The appointment of judges of the High Courts lies within the
judiciary itself and is not connected to the legislature or the executive.
2. Tenure
of the Judges: High Court judges enjoy security of tenure till the age of
retirement, which is 62 years. A High Court cannot be removed except by an
address of the President.
3. Salaries
and allowances: The High Court judges enjoy good salaries, perks and
allowances and these cannot be changed to their disadvantage except in case of
a financial emergency. The expenses of the High Court are charged on the
Consolidated Fund of the State, which is not subject to vote in the state
legislature.
4. Powers:
The Parliament and the state legislature cannot cut the powers and jurisdiction
of the High Court as guaranteed by the Constitution.
5. Conduct
of judges: Unless a motion of impeachment has been moved, the conduct of
the High Court judges cannot be discussed in the Parliament.
6. Retirement:
After retirement, High Court judges cannot hold an office of emolument under
the Government of India or that of a state. There is an exception to this
clause, however, when, with the consent of the Chief Justice of India, retired
judges can be nominated to a temporary office, and in situation of Emergencies.
CONCLUSION
The
High Court stands as the pinnacle of judicial administration of the State
embodying the essence of justice, independence, and constitutional supremacy.
With its extensive jurisdiction, it ensures the rule of law and upholds the
fundamental rights and liberties of residents of the concerned state. As India
continues to evolve, the High Court’s role will continue to remain critical in
navigating the legal landscape and shaping the nation’s future.
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