The High Court
The High Court (Part VI, Chapter V, Arts 214 to 231) is the highest court of a State. India has 25 High Courts. Parliament can set up a common High Court for two or more States (Art 231). Calcutta (1862), Bombay and Madras are the oldest.
Composition and appointment
- A Chief Justice and as many judges as the President decides.
- Judges are appointed by the President, after consulting the CJI, the Governor and the Chief Justice of the High Court. In practice the collegium of the High Court and the Supreme Court decides.
- Qualifications (Art 217): Indian citizen, 10 years of judicial office or an advocate of a High Court for 10 years.
- Retirement age: 62 years (Supreme Court judges retire at 65).
- Removal: same as a Supreme Court judge (an address by Parliament, Art 124(4)).
- A permanent judge cannot practise in any court other than the Supreme Court and other High Courts.
Jurisdiction
| Type | Meaning |
|---|---|
| Original | Matters of will, marriage, divorce, admiralty, company law, contempt of court. Also election petitions. |
| Writ (Art 226) | Wider than the Supreme Court's: for Fundamental Rights and for any other purpose. |
| Appellate | Civil and criminal appeals from subordinate courts. |
| Supervisory (Art 227) | Over all courts and tribunals in its territory (except military). |
| Court of record | Can punish for its own contempt. |
| Power of transfer (Art 228) | Can withdraw a case involving a constitutional question from a lower court. |
Subordinate courts (Part VI, Chapter VI)
- District Judges are appointed by the Governor, in consultation with the High Court (Art 233).
- Other judicial officers are appointed by the Governor after consulting the State Public Service Commission and the High Court.
- Control over subordinate courts is with the High Court (Art 235).
- Lok Adalats, Family Courts, Gram Nyayalayas and Tribunals supplement the courts.
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.