1. Overview of High Courts in India

Historical Background:

  • The first High Courts in India were established in 1862 in Calcutta, Bombay, and Madras under the Indian High Courts Act, 1861.
  • By 1950, after India’s independence, these High Courts became the top judicial bodies in states.

Constitutional Framework:

  • Articles 214 to 231 in the Indian Constitution cover the structure, jurisdiction, and functioning of High Courts.
  • The Seventh Amendment Act (1956) allowed the establishment of common High Courts for multiple states.

Jurisdiction and Territorial Limits:

  • Currently, there are 25 High Courts in India, with most operating within one state’s jurisdiction, except for a few that serve multiple states or union territories (e.g., the Gauhati High Court).

2. Composition and Appointment

Appointment of Judges:

  • High Court judges are appointed by the President of India after consulting with the Chief Justice of India (CJI) and the concerned state’s Governor. For other judges, the Chief Justice of the High Court is also consulted.

Collegium System and NJAC:

  • In the Second and Third Judges’ Cases (1993 and 1998), the Supreme Court established the Collegium System, requiring the CJI to consult senior Supreme Court judges.
  • The 99th Amendment Act of 2014 attempted to replace the Collegium with the National Judicial Appointments Commission (NJAC), but the Supreme Court declared the NJAC unconstitutional in 2015, reinstating the Collegium.

Qualifications, Oath, and Salaries:

  • A judge must be an Indian citizen with at least 10 years of judicial office or 10 years of practice as an advocate.
  • Salaries of High Court judges are determined by Parliament. Currently, the Chief Justice receives ₹2.5 lakh per month, and other judges receive ₹2.25 lakh.

3. Tenure, Removal, and Transfer of Judges

Tenure of Judges:

  • Judges hold office until the age of 62. They can resign or be transferred to another High Court.

Removal Procedures:

  • Judges can be removed for “proved misbehavior or incapacity” through impeachment, requiring a two-thirds majority in both Houses of Parliament.

Transfer of Judges:

  • The President can transfer a judge from one High Court to another after consulting with the CJI.

4. Independence of High Courts

Safeguards for Judicial Independence:

  • Judicial appointments involve consultation with judiciary members to minimize political influence.
  • Judges enjoy security of tenure and cannot be removed easily, ensuring their independence.

Security of Tenure and Service Conditions:

  • The salaries and allowances of judges are protected, and any changes post-appointment must not be disadvantageous, except during a financial emergency.

Non-Discussion of Conduct:

  • The conduct of High Court judges cannot be discussed in Parliament or state legislatures, except when considering impeachment.

5. Jurisdiction and Powers of High Courts

Original Jurisdiction:

  • High Courts can hear disputes involving the election of Parliament members, enforcement of fundamental rights, and constitutional interpretation.

Writ Jurisdiction:

  • High Courts can issue writs like habeas corpus and mandamus under Article 226 for both fundamental rights and other legal rights, with a broader jurisdiction than the Supreme Court.

Appellate Jurisdiction:

  • High Courts handle appeals in civil and criminal matters from subordinate courts.

Supervisory and Revisional Jurisdiction:

  • High Courts supervise all subordinate courts within their jurisdiction and have the power to review lower courts’ decisions.

Power of Judicial Review:

  • High Courts can declare laws unconstitutional if they violate the Constitution or exceed the powers of the law-making authority.

6. Special Judges

Acting, Additional, and Retired Judges:

  • The President may appoint acting judges when there are temporary increases in cases or when a judge is absent.

Ban on Practice Post-Retirement:

  • Retired judges are prohibited from practicing law in any court or before any authority in India, except in the Supreme Court and High Courts.