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Freny Babaria
Updated on 24th May, 2024 , 4 min read
High Courts in India
The High Court is the highest judicial authority within a state. As per Article 214 of the Indian Constitution, each state must have a High Court. Additionally, Article 231 provides that a common High Court can be established for two or more states or for multiple states and a union territory. UPSC exam aspirants should be aware of the number of High Courts in India.
India has 25 High Courts, with six of them exercising jurisdiction over more than one state or union territory. Delhi is the only union territory with its own High Court. Each High Court is composed of a Chief Justice and other judges appointed by the President of India.
List of Total Number of High Courts in India
There are 25 High Courts in India. The list is provided below:
High Courts in India
Composition of the High Court
Each High Court consists of a Chief Justice and other judges appointed by the President. There is no set minimum number of judges for High Courts; the number varies depending on the specific court and state.
Qualifications and Tenure
A person is eligible for appointment as a Judge of the High Court if they meet the following criteria:
- They are a citizen of India.
- They have held a judicial office in the territory of India for at least ten years.
- They have been an advocate of one or more High Courts for at least ten years.
Important Terms related to High Courts in India:
- Tribunal: A tribunal refers to any body acting in a judicial capacity, regardless of whether it is officially termed a tribunal. For instance, an advocate appearing before a single-judge court might refer to the judge as 'their tribunal'.
- Permanent Bench: A permanent bench consists of one or more High Court judges who sit throughout the year at a specific location different from the High Court's main seat.
- Circuit Bench: A circuit bench serves areas that are remote and do not have enough cases to warrant a permanent bench. Judges travel to these areas once or twice a year to handle all High Court appeals from that jurisdiction.
- Division Bench: In a division bench, a case is heard and decided by at least two judges.
Functions of the High Court
The functions of the High Court are detailed in the following section, covering aspects such as its jurisdiction, powers, and roles.
High Court Jurisdiction
The jurisdiction of the High Court encompasses various areas, briefly outlined below:
Original Jurisdiction
- The High Courts of Calcutta, Bombay, and Madras have original jurisdiction over criminal and civil cases arising within their respective cities.
- These High Courts have the exclusive right to hear civil cases involving property valued over Rs. 20,000.
- Regarding Fundamental Rights: They have the authority to issue writs to enforce fundamental rights.
- In Other Matters: All High Courts have original jurisdiction over cases related to wills, divorce, contempt of court, and admiralty.
- High Courts can hear election petitions.
Appellate Jurisdiction
- In Civil Cases: Appeals can be made to the High Court against decisions of the district court.
- Appeals can also be made directly from subordinate courts if the dispute involves a value exceeding Rs. 5,000 or presents a question of fact or law.
- In Criminal Cases: This includes 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 High Court's jurisdiction covers all cases under state or federal laws.
- In Constitutional Cases: The High Court can certify that a case involves a substantial question of law.
High Court Powers
Beyond jurisdiction, High Courts possess several functions and powers:
As a Court of Record
- High Courts, like the Supreme Court, are Courts of Record.
- Judgments from High Courts can be used by subordinate courts in deciding cases.
- High Courts can punish for contempt of court by any person or institution.
Administrative Powers
- They oversee and control all subordinate courts.
- They can request details of proceedings from subordinate courts.
- They issue rules governing the operations of subordinate courts.
- They can transfer cases from one court to another or to themselves for decision.
- They can review records and related documents from any subordinate court.
- They can appoint administrative staff and determine their salaries, allowances, and service conditions.
Power of Judicial Review
- High Courts have the power of judicial review and can declare any law or ordinance unconstitutional if it conflicts with the Indian Constitution.
Power of Certification
- Only a High Court can certify cases as fit for appeal to the Supreme Court.
High Court Autonomy
The independence of the High Courts is supported by the following points:
Appointment of Judges: The judiciary itself is responsible for appointing High Court judges, with no involvement from the legislature or the executive branch.
Tenure of the Judges: High Court judges have secure tenure until they reach the retirement age of 62. They cannot be removed from office except by an address from the President.
Salaries and Allowances: High Court judges receive substantial salaries, perks, and allowances that cannot be altered to their disadvantage, except during a financial emergency. The expenses of the High Courts are charged to the Consolidated Fund of the State and are not subject to legislative approval.
Powers: The Parliament and state legislature cannot reduce the powers and jurisdiction of the High Court as guaranteed by the Constitution.
Conduct of Judges: The conduct of High Court judges cannot be discussed in Parliament unless an impeachment motion has been initiated.
Retirement: High Court judges are prohibited from holding any remunerative office under the Government of India or any state after retirement. However, with the consent of the Chief Justice of India, exceptions can be made.
Image Courtesy: Adda 24/7 Current Affairs
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Frequently Asked Questions
Which High Courts have jurisdiction over multiple states or Union Territories?
- The Bombay High Court has authority over Maharashtra, Dadar and Nagar Haveli, Daman, Diu, and Goa. - The Kolkata High Court governs West Bengal and the Andaman & Nicobar Islands. - The Madras High Court oversees Tamil Nadu and Pondicherry. - The Guwahati High Court covers Assam, Nagaland, Mizoram, and Arunachal Pradesh. - The Kerala High Court is responsible for Kerala and the Lakshadweep Islands. - The Punjab & Haryana High Court has jurisdiction over Punjab, Haryana, and Chandigarh.
Which states in India share a common High Court?
Punjab and Haryana share a common High Court located in Chandigarh. Similarly, the North-Eastern states of Assam, Mizoram, Nagaland, and Arunachal Pradesh share the same High Court situated in Guwahati.
How many High Courts are there in India?
As of December 18, 2020, there are 25 High Courts in India. Together with the Supreme Court of India, these High Courts constitute India's Judicial System. Each High Court's jurisdiction extends over a state, a Union Territory, or a group of states and Union Territories.
What is the first Justice City in India?
Andhra Pradesh is constructing India's first Justice City in its capital, Amaravati. This initiative aims to create a world-class ecosystem, leveraging new technologies to support the state's Judicial System.
Which High Court is the smallest in India?
The Sikkim High Court, established in 1975, is the smallest High Court in India with a sanctioned court strength of 3 judges. Its establishment requires the President's approval, in consultation with the Chief Justice of India and the respective state's Governor. The court is located in Gangtok, the administrative capital of Sikkim.