High Courts

Notes

High Courts are in Part VI, Chapter V (Art. 214-231). There are 25 High Courts; the oldest are Calcutta, Bombay and Madras (1862). Parliament can set up a common High Court for two or more States (Art. 231); Delhi is the only Union Territory with its own High Court. Each is a court of record (Art. 215).

Composition and appointment

Chief Justice and other judges as the President determines. Appointed by the President after consulting the Chief Justice of India, the Governor and the Chief Justice of the High Court (Art. 217); for other judges, the Chief Justice of the High Court is also consulted.
Qualifications: citizen of India; 10 years in a judicial office in India or 10 years as an advocate of a High Court.
Oath: administered by the Governor.
Retirement: 62 years. Removal: the same procedure as a Supreme Court judge (an address by both Houses with a special majority; Art. 124(4)).
Transfer of judges: Art. 222, by the President after consulting the CJI. Additional and acting judges: Art. 224; retired judges may be asked to sit: Art. 224A.
Salary: Chief Justice ₹2.5 lakh; other judges ₹2.25 lakh per month.

Jurisdiction

Original: matters of revenue, admiralty, election petitions, and (in some High Courts) civil matters of high value; Fundamental Rights and other writs under Art. 226.
Appellate: civil and criminal appeals from subordinate courts; letters patent appeals.
Supervisory (Art. 227): superintendence over all courts and tribunals within its jurisdiction (not military courts or tribunals). The Supreme Court in L. Chandra Kumar (1997) held that tribunals fall under the High Court's review under Art. 226/227.
Control over subordinate courts (Art. 235); Art. 228 allows it to withdraw a case involving a constitutional question from a lower court.
Art. 226 vs Art. 32: a High Court can issue writs for Fundamental Rights and for any other purpose, within its territory (or where the cause of action arises).

Key Points

25 High Courts; Art. 214-231; court of record (Art. 215).
Retirement at 62; qualifications of 10 years' judicial or advocate experience.
Art. 226 (writs), Art. 227 (superintendence), Art. 235 (control over subordinate courts).
Common High Court possible (Art. 231).
Judges removed in the same way as Supreme Court judges.

MCQs

Q1. The retirement age of a High Court judge is: (a) 60 (b) 62 (c) 65 (d) 70 Ans: (b).

Q2. Art. 227 provides for: (a) Writ jurisdiction (b) Power of superintendence over all courts and tribunals in the High Court's territory (c) Appointment of judges (d) Transfer of judges Ans: (b).

Q3. Which of the following is the only Union Territory with its own High Court? (a) Chandigarh (b) Delhi (c) Puducherry (d) Andaman and Nicobar Islands Ans: (b). Others fall under a State's High Court.