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High Courts in India: A Comprehensive Overview

1. Basic Facts & Structure

• Total Number: There are twenty-five (25) High Courts in India.
• Territorial Jurisdiction:
  • Some High Courts have jurisdiction over more than one State or Union Territory (UT). These are known as Common High Courts.
  • Examples:
    • Bombay High Court: Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu.
    • Punjab and Haryana High Court: Punjab, Haryana, and the UT of Chandigarh.
  • Union Territories can have their own High Courts (e.g., Delhi).
• States without a Separate High Court: Smaller states may fall under the jurisdiction of a larger state’s High Court.
  • Example: Manipur falls under the jurisdiction of the Gauhati High Court.
  • Note: States like Orissa, Sikkim, and Himachal Pradesh do have their own High Courts.
• High Courts with Multiple Benches:
  • The Gauhati High Court has the largest number of Benches (principal seat in Guwahati, with benches in other Northeastern states).
  • The Kolkata High Court has territorial jurisdiction over the Andaman and Nicobar Islands.

2. Jurisdiction and Powers

• Types of Jurisdiction:
  • Original Jurisdiction: Hearing cases first-hand.
  • Appellate Jurisdiction: Hearing appeals from lower courts (including second appeals).
  • Supervisory Jurisdiction: Supervising all subordinate courts within its territory.
  • Advisory Jurisdiction is NOT a main jurisdiction of a State High Court (this is a power of the Supreme Court).
• Writ Jurisdiction:
  • High Courts have the power to issue writs to enforce:
    • Fundamental Rights
    • Constitutional Rights
    • Statutory Rights
  • Shared Power with Supreme Court: The protection of Fundamental Rights is under the common jurisdiction of both the Supreme Court and High Courts.
  • Scope: High Courts can issue writs for purposes beyond just Fundamental Rights, potentially giving them a wider protective scope than the Supreme Court in some scenarios.
• Public Interest Litigation (PIL): High Courts can accept petitions related to PIL, which allows public-minded citizens to seek justice for those unable to approach the court themselves.

3. Judges: Appointment, Tenure, and Conditions

• Appointment: Every judge of a High Court is appointed by the President of India (not the Governor).
• Acting Judges: Acting Judges can be appointed to a High Court.
• Retirement Age: Judges hold office until the age of 62.
• Salary: The salaries and allowances of judges are charged to the Consolidated Fund of the State.
• Resignation: A judge submits their resignation by addressing a letter to the President of India.
• Removal: The mode of removal is the same as for a Supreme Court Judge (impeachment by Parliament).
  • Example: In 2011, the Rajya Sabha passed an impeachment motion against Justice Soumitra Sen, who resigned before the Lok Sabha could vote.
• Post-Retirement: After retirement, a permanent Judge of a High Court is allowed to plead or act in any court or before any authority in India.

4. Writs (Detailed Definitions & Usage)

5. Administrative Functioning & Judicial Concepts

• Chief Justice’s Role: When the Chief Justice acts in an administrative capacity, they are subject to the writ jurisdiction of any of the other judges of the same High Court.
• Judicial Review: In India, the scope of Judicial Review is limited. This limitation is not because the Indian Constitution is “a bag of borrowing.”
• Contempt of Court: Willful disobedience of court orders or using derogatory language about judicial behavior constitutes contempt. The need for judicial activism is not the correct explanation for the judiciary’s punitive powers for contempt.

6. Lower Judiciary & Legal Reforms

• District Courts:
  • The term ‘District Judge’ is mentioned in Article 233 of the Constitution.
  • It includes: Sessions Judges, Chief Judge of a Small Cause Court.
  • It does not include: Chief Presidency Magistrate, Tribunal Judge.
• Alternative Dispute Resolution:
  • Lok Adalats:
    • Can deal with pending civil and certain criminal cases.
    • Are not composed only of judicial officers; they can include other members.
  • Gram Nyayalayas:
    • Can hear both civil and criminal cases.
    • The Act allows local social activists to serve as mediators.
• Key Recommendations/Concepts:
  • It has been advocated that one-third of the judges in each High Court should be from another state.
  • The concept of mobile courts in India is the brainchild of Dr. A.P.J. Abdul Kalam.

7. Specific Appointments & Cases

• Chhattisgarh High Court (2008): Justice Anang Kumar Patnaik became the Chief Justice.
• Himachal Pradesh High Court (2018): Justice Suryakant was the Chief Justice.
• Allahabad High Court: The Babri Mosque/Ramjanmabhoomi case was a Title Suit (a civil case to determine ownership).

8. Preventive Detention

• Under the preventive detention law, a person can be detained without trial for a maximum period of three months, which can be extended by an advisory board.

Know More About The High Court:

• The High Court – Old Year Questions
• The High Court One Liner Questions & Answers