Introduction
The High Courts in India are the highest judicial authority at the state level. They function below the Supreme Court and oversee subordinate courts in their respective states. Established under Article 214, High Courts play a crucial role in maintaining law and order, interpreting laws, and protecting citizens’ rights.
1. Structure of the High Court
Each High Court consists of:
- Chief Justice
- Other Judges (Number varies from state to state).
- The President of India appoints High Court judges.
- The Collegium System recommends the names for appointment.
Number of High Courts in India
- Currently, there are 25 High Courts in India.
- The oldest High Court: Calcutta High Court (1862).
- The newest High Court: Andhra Pradesh High Court (2019).
2. Jurisdiction of High Courts
1️⃣ Original Jurisdiction
- High Courts hear cases directly (without going through lower courts).
- Includes:
- Cases related to the violation of fundamental rights.
- Election disputes under the Representation of the People Act.
- Disputes related to state revenue and laws.
2️⃣ Appellate Jurisdiction
- Hears appeals from district courts and subordinate courts.
- Appeals can be made in civil, criminal, and constitutional cases.
3️⃣ Writ Jurisdiction (Article 226)
- High Courts can issue writs for protecting fundamental rights and other legal rights.
- The five types of writs:
- Habeas Corpus – To release an illegally detained person.
- Mandamus – Order to an official to perform a duty.
- Prohibition – Stops lower courts from exceeding jurisdiction.
- Certiorari – Transfers a case from a lower court.
- Quo-Warranto – Challenges a person’s right to hold office.
4️⃣ Supervisory Jurisdiction (Article 227)
- The High Court can supervise and control lower courts within its jurisdiction.
5️⃣ Advisory Jurisdiction
- The Governor can seek the High Court’s advice on legal matters.
3. Appointment and Removal of High Court Judges
Appointment Process (Article 217)
- The President of India appoints High Court judges.
- The Collegium System recommends names (Chief Justice of India + senior Supreme Court judges).
- The Governor and the Chief Justice of the High Court are consulted.
Eligibility Criteria (Article 217(2))
✅ Must have been an advocate for at least 10 years in a High Court.
✅ Must have been a judicial officer for at least 10 years.
✅ No specific age limit, but retirement age is 62 years.
Removal Process (Article 217(1)(b))
- Judges can be removed by impeachment on grounds of misbehavior or incapacity.
- The process is the same as Supreme Court judges (requires two-thirds majority in both Houses of Parliament).
4. Important High Courts and Their Jurisdiction
| High Court | Year Established | Jurisdiction |
|---|---|---|
| Calcutta High Court | 1862 | West Bengal, Andaman & Nicobar |
| Madras High Court | 1862 | Tamil Nadu, Puducherry |
| Bombay High Court | 1862 | Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu |
| Allahabad High Court | 1866 | Uttar Pradesh |
| Delhi High Court | 1966 | Delhi |
| Karnataka High Court | 1884 | Karnataka |
| Punjab & Haryana High Court | 1919 | Punjab, Haryana, Chandigarh |
| Andhra Pradesh High Court | 2019 | Andhra Pradesh |
🔹 Some High Courts serve multiple states (e.g., Punjab & Haryana High Court).
🔹 Some states do not have their own High Courts (e.g., Goa falls under Bombay High Court).
5. Key Articles Related to High Courts
| Article | Description |
|---|---|
| Article 214 | Establishment of High Courts |
| Article 217 | Appointment of High Court judges |
| Article 219 | Oath of High Court judges |
| Article 226 | Power to issue writs |
| Article 227 | High Court’s power of supervision |
| Article 231 | Common High Court for two or more states |
6. MCQs on High Courts of India
1. How many High Courts are there in India?
a) 21
b) 24
c) 25
d) 29
✅ Answer: c) 25
2. Which is the oldest High Court in India?
a) Bombay High Court
b) Calcutta High Court
c) Madras High Court
d) Allahabad High Court
✅ Answer: b) Calcutta High Court
3. What is the retirement age of a High Court judge?
a) 60 years
b) 62 years
c) 65 years
d) 70 years
✅ Answer: b) 62 years
4. Under which article can High Courts issue writs?
a) Article 32
b) Article 136
c) Article 226
d) Article 245
✅ Answer: c) Article 226
5. Who appoints the judges of the High Court?
a) Chief Minister
b) Governor
c) President of India
d) Supreme Court
✅ Answer: c) President of India
6. Which article allows the High Court to supervise lower courts?
a) Article 219
b) Article 226
c) Article 227
d) Article 245
✅ Answer: c) Article 227
7. Which is the newest High Court in India?
a) Telangana High Court
b) Andhra Pradesh High Court
c) Chhattisgarh High Court
d) Uttarakhand High Court
✅ Answer: b) Andhra Pradesh High Court (2019)
8. Which High Court has jurisdiction over two states and a Union Territory?
a) Karnataka High Court
b) Punjab & Haryana High Court
c) Calcutta High Court
d) Kerala High Court
✅ Answer: b) Punjab & Haryana High Court
7. Conclusion
The High Courts of India play a crucial role in state-level justice, fundamental rights protection, and law interpretation. With 25 High Courts across India, they serve as an important link between the Supreme Court and subordinate courts.
For competitive exams, understanding the jurisdiction, appointment, powers, and key constitutional provisions of High Courts is essential. Stay updated with recent judicial developments to improve your preparation! ✅📚
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