The High courts

The Judiciary in states consists of a High Court and subordinate Courts. The Parliament can, however, establish by law a common High Court for two or more States or for one or more States and one or more UnionTerritories. There are in all 21 High Courts for 28 States and 7 Union territories.

Appointment of Judges

 Every High court shall consist of a Chief Justice and such other Judges as the President may from to time appoint. The Constitution, unlike in the case of the supreme Court does not fix any maximum number of Judge of a High Court but leaves it to the President. Apart form appointing the Judges of the High Courts, the President has the power to appoint: (1) additional Judges for a temporary period, not exceeding two years, for the clearance of arrears of work in a High Court; (ii) an acting Judge, when a permanent Judge of a High Court (other than a Chief Justice) is temporarily absent or unable to perform his duties or is appointed to act temporarily as Chief Justice. An Acting Judge holds office until the permanent Judge resumes his Office. But neither an additional nor an acting Judge can hold office beyond the age of 62 years.

While appointing a Judge of a High Court, the President shall consult the Chief Justice of India, the Governor of the State and the Chief Justice of that High Court in the matter of appointment of a Judge other than the Chief Justice. Once appointed a Judge of a High Court holds office until the age of sixty-two years. Any disputes relating to the age of a Judge of a High Court is decided by the President on consultation with the Chief Justice of India.

Qualifications for Appointment asa Judge of High Court.

A person to be qualified for appointment as a Judge of a High Court;

(a)     Must be citizen of India and must have

(b)     Held a judicial office in the territory of India for at least ten years or

(c)     Must have been an advocate of a High Court or two or more such courts in succession for at least ten years.

Transfer ofa Judge from One High Court to Another

The Constitution, under Art. 222 empower the President, after consultation with the Chief Justice of India to transfer a Judge from one High Court to another. A Judge of a High Court can be transferred without his consent. But consultation with the Chief Justice of India must be affective and full. This means that all relevant facts relating to the transfer of a Judge of a High Court must be provided to the Chief Justice of India. The opinion provided by the Chief Justice, shall have primacy and is binding on the President.

Independenceof Judge ofthe High Courts

The Constitution seeks to secure the independence of Judges of the High Courts in the Following ways: -

(1)     A Judge of a High Court can only be removed by the President on an address of each House of the Parliament, passed by not less than two-third of the members present and voting and by a majority of the House on the ground of proved misbehavior or incapacity.

(2)     After retirement a Judge of a High Court cannot plea in a Court or before any authority in India except in the Supreme Court and High Court on the than the High Court in which he had held office.

(3)     The salaries and allowances payable to Chief Justice of High Court (90,000/-) and Judges of High Courts (80,000/-)cannot be changed to their disadvantage after appointment except during a financial emergency and they are charged, on the Consolidated Fund of India and are not subject to vote in the Parliament.

(4)     The conduct to the Judges of the High Courts cannot be discussed in Parliament, except on a motion of resolution for the removal of a Judge.

Jurisdiction of the high courts

Original jurisdiction

In their judicial capacity, the High courts of Presidency Towns (Calcutta, Madras and Bombay) have both original and appellate jurisdiction, while other High Courts have mostly appellate jurisdiction. Only in matters of admiralty, probate matrimonial and contempt of court cases they have original jurisdiction. The Presidency High Courts have original jurisdiction in civil cases in which the amount involved is more than Rs. 2,000/- and in criminal cases, which are committed to them by the Presidency Magistrates.

Appellate jurisdiction

As courts of appeal all High courts entertain appeals in civil and criminal cases from their subordinate courts as well as from their original side. They have, however, no jurisdiction over tribunals established under the law relating to the armed forced of the country.

Writjurisdiction

Under Art. 226 of the Constitution the High Courts are given powers of issuing writs for the enforcement of Fundamental Rights and for other purposes.  In exercise of this power, a Court may issue the same type empowered to issue under Art. 32. The jurisdiction to issue writs under this Article is larger in the case of High Courts, in as much as while the Supreme Court can issue them only where a fundamental right has been infringed, a High Court can issue them not only in such cases but also where an ordinary legal right has been infringed, provided a writ is a proper remedy in such cases, according to well-established principles.

Administrative functions of the high courts

The High Courts control and supervise the working of courts subordinate to them and frame rules and regulations for the transactions of their business. Under Art. 227, every High Court has the power of superintendence over all courts and tribunals except those dealing with the Armed Forces functioning within its territorial jurisdiction. In exercise of this power, the High Court may (1) call for returns from such courts; (ii) make an issue general rules and prescribe from for regulating the practice and proceedings of such courts; (iii) prescribe forms in which books and accounts shall be kept by the offices of any such courts, and (iv) transfer cases from one court to another.

Further, under Art. 235, the High Courts exercise control over the District Courts and the Courts subordinate to them in matters of posting, promotion, etc. According to Art. 229 of the Constitution, every High Court has been ensured a complete control over the members of its staff. Under this Article, the Chief or the High Court is empowered to appoint officers and servants of the Court. He is also authorized to regulate the conditions of service of the staff and he has the power to dismiss any such member from the services of the Court.

Every High Court like the Supreme Court is a Court of Record and has all the powers of such a court including the power to punish for contempt of itself.

The High Courts: Seats and Jurisdiction[1]