The State Judiciary in India is responsible for ensuring justice at the state level. It functions independently and includes the High Court, District Courts, and Subordinate Courts. The High Court is the highest judicial authority in the state, while lower courts handle civil, criminal, and administrative matters.
1. Structure of the State Judiciary
The State Judiciary consists of three levels:
| Level | Court | Jurisdiction |
|---|---|---|
| Highest Court in State | High Court | Supervises all lower courts |
| Middle Level | District Courts | Handles major civil and criminal cases |
| Lowest Level | Subordinate Courts (Civil & Criminal) | Handles minor disputes and local matters |
2. High Court – The Highest Court in the State
🔹 Article 214 – Each state has a High Court.
🔹 Article 231 – A common High Court can be established for two or more states.
🔹 Example: Punjab and Haryana share a High Court in Chandigarh.
Composition of the High Court (Article 216)
✅ Chief Justice of the High Court (Appointed by the President).
✅ Other Judges (Number decided by the President).
Appointment of High Court Judges (Article 217)
✅ Appointed by the President after consultation with:
- Chief Justice of India (CJI)
- Governor of the State
- Chief Justice of the High Court
Eligibility Criteria (Article 217)
✅ Must be an Indian citizen.
✅ Must have at least 10 years of experience as an advocate OR served as a judge for at least 10 years in a lower court.
📌 Example:
- Justice S. Manikumar was appointed Chief Justice of the Kerala High Court in 2019.
Tenure & Removal of High Court Judges
✅ Holds office until the age of 62 years.
✅ Can be removed by impeachment by Parliament (same process as Supreme Court Judges).
✅ Can resign by submitting a letter to the President.
3. Powers of the High Court
The High Court has original, appellate, supervisory, and judicial review powers.
1️⃣ Original Jurisdiction (Article 226 & 228)
✅ Can hear cases directly (without lower court involvement).
✅ Handles fundamental rights cases under Article 226.
✅ Interprets state laws.
📌 Example:
- The Madras High Court directly heard a PIL on environmental protection.
2️⃣ Appellate Jurisdiction
✅ Hears appeals from District & Subordinate Courts.
✅ Two types of appeals:
- Civil Appeals – Property disputes, contract issues, etc.
- Criminal Appeals – Serious crimes like murder.
📌 Example:
- A person convicted by a Sessions Court can appeal to the High Court.
3️⃣ Supervisory Jurisdiction (Article 227)
✅ High Court supervises all lower courts in the state.
✅ Can transfer cases from one court to another.
📌 Example:
- The Bombay High Court ordered a lower court to expedite a case hearing.
4️⃣ Judicial Review
✅ Can strike down unconstitutional laws passed by the State Legislature.
✅ Ensures state laws follow the Constitution.
📌 Example:
- The Karnataka High Court struck down a law violating fundamental rights.
4. District and Subordinate Courts
The High Court controls District and Subordinate Courts under Article 235.
| Court | Type of Cases | Example |
|---|---|---|
| District Court | Serious criminal and civil cases | Murder, land disputes |
| Sessions Court | Major criminal cases | Murder, kidnapping |
| Civil Judge Court | Small civil cases | Property disputes |
| Magistrate Court | Minor criminal cases | Theft, assault |
Appointment of District Judges (Article 233)
✅ Appointed by the Governor in consultation with the High Court.
✅ Must have at least 7 years of experience as an advocate.
📌 Example:
- A District Judge in Bhopal oversees all major criminal cases in the city.
5. Key Articles Related to the State Judiciary
| Article | Provision |
|---|---|
| Article 214 | High Court for each state |
| Article 216 | Composition of the High Court |
| Article 217 | Appointment of High Court Judges |
| Article 226 | High Court’s power to issue writs |
| Article 227 | High Court’s power of supervision over lower courts |
| Article 233 | Appointment of District Judges |
| Article 235 | Control of High Court over Subordinate Courts |
6. Important Supreme Court Cases Related to State Judiciary
| Case | Year | Significance |
|---|---|---|
| S.P. Gupta Case | 1981 | Gave more power to the Executive in appointing High Court Judges |
| Advocate-on-Record Case | 1993 | Established the Collegium System for appointing judges |
| NJAC Case | 2015 | Struck down the National Judicial Appointments Commission (NJAC), restoring the Collegium System |
📌 Example:
- In 2015, the Supreme Court ruled that the NJAC violated judicial independence.
7. MCQs on State Judiciary
1. Which article provides for a High Court in each state?
a) Article 214
b) Article 217
c) Article 226
d) Article 233
✅ Answer: a) Article 214
2. Who appoints High Court judges?
a) Governor
b) Chief Minister
c) President
d) Prime Minister
✅ Answer: c) President
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 the High Court issue writs?
a) Article 226
b) Article 227
c) Article 233
d) Article 235
✅ Answer: a) Article 226
5. Who appoints District Judges?
a) Chief Justice of India
b) Governor
c) Prime Minister
d) President
✅ Answer: b) Governor
8. Conclusion
The State Judiciary plays a crucial role in delivering justice, interpreting laws, and protecting fundamental rights. The High Court is the highest authority in a state, while District and Subordinate Courts handle local cases. Understanding the structure, powers, and key articles is essential for competitive exams. ✅📚
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