High Courts: Structure and Functions

High Courts: Structure and Functions

Table of Contents

  1. Introduction
  2. Constitutional Provisions (Articles 214–231)
  3. Structure of High Courts
  4. Jurisdiction of High Courts
  5. Powers & Functions
  6. Judges: Appointment, Qualifications, Tenure, Removal
  7. Administrative Structure
  8. Subordinate Judiciary & High Court Control
  9. Important Doctrines Evolved
  10. Landmark Judgments
  11. Summary

1. Introduction

High Courts are the highest judicial authorities at the state level in India.
They function below the Supreme Court and supervise the entire subordinate judiciary in their states.

The Calcutta High Court (1862) is the oldest.
As of now, India has 25 High Courts, including common High Courts for multiple states/UTs.

2. Constitutional Provisions (Articles 214–231)

Article 214 – High Court for every State

Every state must have a High Court.
(Parliament may establish a common High Court for two or more states.)

Article 215 – High Courts to be Courts of Record

  • Can punish for contempt of itself.
  • Records permanent and unquestionable.

Article 216 – Constitution of High Courts

The High Court consists of a Chief Justice and other judges as the President deems necessary.

Article 217 – Appointment & Conditions of Judges

  • Appointed by: President
  • Consultation: Chief Justice of India, Governor, and sometimes Chief Justice of the High Court.
  • Qualifications:
    1. Citizen of India
    2. 10 years judicial office in India OR
    3. 10 years advocate in a High Court
  • Term: Till 62 years.

Article 218 – Applicability of certain provisions relating to SC to HC Judges

Provisions on conduct, resignation, etc., apply similarly to HC judges.

Article 219 – Oath

Administered by Governor or a person appointed by him.

Article 220 – Restriction on practice after retirement

A retired High Court judge cannot practise in the same High Court.

Article 221 – Salaries & allowances

Determined by Parliament.

Article 222 – Transfer of High Court Judges

By President after consultation with CJI.

Article 223 – Acting Chief Justice

Appointed when office of CJ is vacant or judge absent.

Article 224 – Additional & Acting Judges

  • Additional judges for temporary increase and arrears.
  • Acting judges when a judge is on leave.

Article 224A – Appointment of Retired Judges

Retired judges can be requested to sit and act as judges.

Article 225 – Jurisdiction of existing High Courts

Preserves pre-Constitution jurisdiction unless changed by Parliament.

Article 226 – Power to issue writs

Writs for enforcement of Fundamental Rights and any other purpose.

Article 227 – Power of superintendence

Administrative & judicial control over all subordinate courts.

Article 228 – Transfer of Certain Cases to High Court

If case involves substantial question of constitutional interpretation.

Article 229 – Officers & servants of High Court

Chief Justice is the administrative head.

Article 230–231 – Extension / Establishment of common High Courts

Parliament may extend or establish a High Court for multiple states.

3. Structure of High Courts

A. Chief Justice

Head of the High Court; allocates work and administrative responsibilities.

B. Puisne Judges

Other judges appointed by the President.

C. Registrar General & Registry

  • Administrative head below judges
  • Handles case management and court administration.

D. Benches

  • Single judge bench
  • Division bench (2 judges)
  • Full bench (3+ judges)
  • Larger benches for authoritative decisions

E. Circuit Benches

Temporary benches for remote regions (e.g., Karnataka HC at Dharwad & Kalaburagi).

4. Jurisdiction of High Courts

A. Original Jurisdiction

  • Election petitions (under Representation of People Act)
  • Civil and criminal matters of great importance (varies by state)
  • Issues related to admiralty, matrimonial, company laws (especially Bombay, Madras, Calcutta)

B. Writ Jurisdiction (Article 226)

High Courts can issue Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

More powerful than Supreme Court’s Article 32 because:

  • Available for any other purpose
  • Not limited to Fundamental Rights

C. Appellate Jurisdiction

Civil and criminal appeals from lower courts.

D. Supervisory Jurisdiction (Article 227)

Complete control over subordinate courts.

E. Advisory / Miscellaneous Functions

  • Review jurisdiction
  • Power of judicial review
  • Contempt jurisdiction
  • Supervision of tribunals

5. Powers & Functions

  1. Protection of Fundamental Rights
  2. Administrative control over district & subordinate courts
  3. Judicial review of state laws and actions
  4. Hearing appeals (civil/criminal)
  5. Issuing writs
  6. Contempt of court powers
  7. Guidance to subordinate judiciary
  8. Constitutional interpretation

6. High Court Judges

A. Appointment Process (Collegium System)

  1. HC Collegium recommends (CJ + 2 senior judges)
  2. Chief Minister → Governor → sends to Centre
  3. Supreme Court Collegium reviews
  4. President appoints

B. Qualifications

  • Citizen of India
  • 10 years judicial office OR
  • 10 years as advocate of a High Court

C. Tenure

  • Till 62 years of age
  • Resignation to President
  • Removal:
    • On proven misbehavior/incapacity
    • Through impeachment-like process (as for SC judges)
    • By President after parliamentary procedure

D. Salaries

Fixed by Parliament, protected from reduction (except during financial emergency).

7. Administrative Structure of High Courts

  • Registrar General
  • Registrar (Judicial/Administration)
  • Court Masters
  • Law Officers
  • Staff & Clerks
  • Library & Research Wing

Chief Justice has complete administrative control.

8. Subordinate Judiciary & High Court Control

High Court supervises:

  • District Courts
  • Sessions Courts
  • Civil and Criminal Courts
  • Family Courts
  • Consumer & other tribunals

Power includes:

  • Inspection
  • Transfer of cases
  • Disciplinary control
  • Recruitment & promotions (through State Judicial Services)

9. Important Doctrines Evolved by High Courts

  1. Basic Structure Doctrine (Some High Court contributions before SC finalised)
  2. Doctrine of Colourable Legislation
  3. Doctrine of Eclipse
  4. Doctrine of Harmonious Construction
  5. Doctrine of Severability

10. Landmark Cases involving High Courts

A.D.M. Jabalpur v. Shivkant Shukla (1976)

MP High Court first held right to habeas corpus exists even during Emergency.

Basudeo v. State of Bihar (Patna HC)

Abuse of preventive detention struck down.

Calcutta High Court Full Bench (1920s–30s)

Developed principles of judicial review later absorbed into Indian practice.

Special Courts Bill (HC views)

Several High Courts rejected discriminatory provisions before SC struck them down.

11. Summary

  • High Courts are the apex judicial institutions at the state level.
  • Articles 214–231 govern their composition, appointment, powers, salaries, jurisdiction.
  • They have original, appellate, writ, and supervisory jurisdiction.
  • Article 226 gives High Courts extensive writ powers.
  • High Courts act as Courts of Record and have contempt powers.
  • They supervise the entire subordinate judiciary of the state.
  • Judges are appointed by the President through the collegium system.
  • They play a vital role in constitutional interpretation and protection of rights.

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