High Courts

The Constitution (Articles 214 to 231 in Part VI) provides for a High Court for each state.

7th Amendment Act, 1956: Authorized Parliament to establish a common High Court for two or more states or for states and a union territory. Examples: Punjab & Haryana HC (for Punjab, Haryana, and Chandigarh); Bombay HC (for Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu).

Organisation (Article 216): Consists of a Chief Justice and such other judges as the President may time to time deem necessary. The Constitution does NOT specify the strength of a HC — it is for the President to determine.

Appointment (Article 217): Judges of HC are appointed by the President in consultation with:

• For Chief Justice of HC: CJI + Governor of the state.
• For other HC judges: CJI + Governor + Chief Justice of the concerned HC.

Collegium for HC: The SC Collegium (CJI + 2 senior-most SC judges) recommends HC appointments and transfers.

Transfer of HC Judges (Article 222): President can transfer a HC judge from one HC to another after consultation with CJI. The CJI's recommendation in this regard is binding (Second Judges Case).

Additional and Acting Judges (Articles 223-224A):

• Additional Judges: When the work of an HC increases, the President can appoint an additional judge for a period not exceeding 2 years.
• Acting Chief Justice: When the office of CJ is vacant or when the CJ is absent, the President can appoint another judge as Acting CJ.
• Retired Judges (224A): The CJ of an HC can, with the President's prior consent, request a retired judge of that HC to sit and act.

Qualifications (Article 217):

• Must be a citizen of India, AND
• Has held a judicial office in India for at least 10 years; OR
• Has been an advocate of an HC for at least 10 years.

Note: No minimum age requirement for HC judges. There is NO "distinguished jurist" category for HCs (unlike SC).

Tenure (Article 217): An HC judge holds office until the age of 62 years — changed from 60 to 62 by the 15th Constitutional Amendment Act, 1963.

Removal: The same procedure as for a SC judge — address by both Houses of Parliament by special majority presented to the President, on grounds of proved misbehaviour or incapacity.

Independence of HC — Safeguards:

1. Security of tenure — can only be removed by impeachment.
2. Salaries charged on Consolidated Fund of the state — not subject to vote.
3. Conduct cannot be discussed in state legislature except during removal proceedings.
4. After retirement: Cannot practice in the HC in which he served (can practice in SC and other HCs).
5. Oath administered by the Governor of the state.

1. Original Jurisdiction: HC has original jurisdiction in matters it has under various laws. In some states (Bombay, Calcutta, Madras), the HC has original civil and criminal jurisdiction in certain matters (inherited from the old Charter HCs).

2. Writ Jurisdiction (Article 226):

• Most important jurisdictional distinction — HC writ jurisdiction is WIDER than SC's.
• HC can issue writs for: (a) Enforcement of Fundamental Rights, AND (b) Any other purpose (ordinary legal rights — not just FRs).
• This makes HC a more accessible forum than the SC for writ petitions.
• Writ jurisdiction of HC extends to territories under its jurisdiction AND any authority located outside the territory if the cause of action arises within its territorial jurisdiction.

3. Appellate Jurisdiction:

• Civil: Original decrees passed by subordinate courts.
• Criminal: Sessions court decisions (especially capital punishment must be confirmed).
• Under various special statutes (Income Tax, Company Law, etc.).

4. Supervisory Jurisdiction (Article 227):

• HC has power of superintendence over all courts and tribunals (except military tribunals) functioning within its territorial jurisdiction.
• This power is broad — includes calling records, examining proceedings, issuing directions.
• Differs from appellate jurisdiction — an appeal implies a right; supervisory jurisdiction is discretionary.

5. Control over Subordinate Courts:

• Consulted by the Governor in appointment, posting, and promotion of District Judges (Article 233).
• Posts, promotions of lower judicial staff (not district judges) under direct control of HC (Article 235).

6. Power of Judicial Review:

• HC can declare state laws unconstitutional if they infringe on Fundamental Rights or violate the Constitution.
• Declaration of Emergency does NOT suspend HC's power under Article 226 (unlike Article 32 of SC which can be suspended under Article 359).

7. Court of Record (Article 215):

• Every HC is a Court of Record — judgments are evidence before inferior courts.
• Has power to punish for contempt of court.
• An HC CANNOT punish contempt of itself by another HC.