High courts of India

High courts of India are the principal civil courts of original jurisdiction in each state and union territory, and the highest judicial authority below the Supreme Court of India. Established under Part VI of the Constitution of India, they form a critical component of the country's integrated judiciary, exercising supervisory jurisdiction over all subordinate courts and tribunals within their respective territories. The first high courts were established in the presidency towns of Calcutta, Bombay, and Madras in 1862 under the Indian High Courts Act 1861.

History and establishment

The genesis of the high court system in India can be traced to the Charter Act of 1833, which proposed the creation of a uniform judicial system, culminating in the Indian High Courts Act 1861 passed by the Parliament of the United Kingdom. This act led to the establishment of the Calcutta High Court, the Bombay High Court, and the Madras High Court in 1862, replacing the earlier Supreme Courts and Sadar Adalats. Post-independence, the Constituent Assembly of India enshrined the high courts in the new Constitution of India, which came into force on 26 January 1950, granting them constitutional status and autonomy. The States Reorganisation Act, 1956 and subsequent parliamentary acts have since led to the creation and restructuring of high courts to align with new linguistic states, such as the establishment of the Gujarat High Court after the bifurcation of Bombay State.

Jurisdiction and powers

High courts possess wide-ranging jurisdiction, including original, appellate, and supervisory powers over all courts and tribunals within their territorial limits, except those constituted by or under any law relating to the Armed Forces of India. They have the power to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of fundamental rights and for any other purpose, a power derived from Article 226 of the Constitution of India. In civil and criminal matters, they hear appeals from lower courts like district courts and session courts, and they also possess original jurisdiction in matters concerning company law, matrimonial disputes, and enforcement of fundamental rights. Furthermore, they exercise administrative control over the district judiciary and the subordinate judicial service in the state under Article 235 of the Constitution of India.

Composition and appointment

Each high court consists of a Chief Justice and such number of other judges as the President of India may from time to time appoint. The judges of a high court are appointed by the President under Article 217 of the Constitution of India, following consultation with the Chief Justice of India, the Governor of the state, and, in the case of appointment of a judge other than the Chief Justice, the Chief Justice of that high court. A person is qualified for appointment as a judge if they are a citizen of India and have held a judicial office in India for ten years or been an advocate of a high court for at least ten years. The retirement age for high court judges is 62 years, and they can be removed only by an order of the President passed after an address by each House of Parliament supported by a special majority.

List of high courts

There are currently 25 high courts in India, with some having jurisdiction over more than one state or union territory. The Allahabad High Court is the largest, while the Sikkim High Court is the smallest, with the fewest judges. The Calcutta High Court, Bombay High Court, and Madras High Court are the three oldest. Other prominent high courts include the Delhi High Court, the Karnataka High Court at Bangalore, the Kerala High Court at Ernakulam, and the Telangana High Court at Hyderabad. The newest high courts are the Andhra Pradesh High Court at Amaravati, established in 2019, and the Jammu and Kashmir and Ladakh High Court, reconstituted in 2019 following the Jammu and Kashmir Reorganisation Act, 2019.

Role in the judicial system

High courts serve as pivotal institutions in the Indian judicial hierarchy, acting as courts of record with the power to punish for contempt of themselves. They play a crucial role in interpreting the Constitution of India and state laws, often delivering landmark judgments on issues ranging from environmental protection to civil liberties, which shape public policy and jurisprudence. As the highest court of appeal in a state, they ensure uniformity in the interpretation and application of laws by subordinate courts, thereby safeguarding the rule of law. Their supervisory jurisdiction under Article 227 of the Constitution of India over all courts and tribunals within their territory is instrumental in correcting gross errors of jurisdiction and ensuring the proper administration of justice, making them indispensable guardians of the legal and constitutional order in the Indian federation.

Category:High courts of India Category:Judiciary of India Category:National supreme courts