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The State Judicial System consists of a High Court and a network of lower courts. On the recommendation of the Law Commission, the Indian High Courts Act 1861, which was enacted in 1858, proposed the formation of High Courts in the three Presidency cities of Calcutta, Madras, and Bombay in place of the Supreme Court. The High Court of Calcutta issued a charter in May 1862, and the High Courts of Madras and Bombay followed suit in June 1862. As a result, the Calcutta High Court was established as the first High Court in the nation. The Constitution establishes the organizational structure and legal groundwork for the High Courts.
What is High Court ?
The highest courts at the state level are known as the High Courts of India, but they are part of the Indian Judiciary. They act under the Supreme Court’s supervision, guidance, and control. The Chief Justice of the High Court, the Governor of the State, and the President of India select High Court judges.
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List of High Courts in India
Here’s the complete list of High Court of India from all states:
Year | Name | Territorial Jurisdiction | Seat & Bench |
1862 | Bombay High Court | Maharashtra Dadra & Nagar Haveli and Daman Diu Goa | Seat: Mumbai Bench: Panaji, Aurangabad, and Nagpur |
1862 | Kolkata High Court | West Bengal Andaman & Nicobar islands | Seat: Kolkata Bench: Port Blair |
1862 | Madras High Court | Tamil Nadu Pondicherry | Seat: Chennai Bench: Madurai |
1866 | Allahabad High Court | Uttar Pradesh | Seat: Allahabad Bench: Lucknow |
1884 | Karnataka High Court | Karnataka | Seat: Bengaluru Bench: Dharwad and Gulbarga |
1916 | Patna High Court | Bihar | Patna |
1948 | Guwahati High Court | Assam Nagaland Mizoram Arunachal Pradesh | Seat: Guwahati Bench: Kohima, Aizawl, and Itanagar |
1949 | Odisha High Court | Odisha | Cuttack |
1949 | Rajasthan High Court | Rajasthan | Seat: Jodhpur Bench: Jaipur |
1956 | Madhya Pradesh High Court | Madhya Pradesh | Seat: Jabalpur Bench: Gwalior and Indore |
1958 | Kerala High Court | Kerala & Lakshadweep | Ernakulam |
1960 | Gujarat High Court | Gujarat | Ahmedabad |
1966 | Delhi High Court | Delhi | Delhi |
1971 | Himachal Pradesh High Court | Himachal Pradesh | Shimla |
1975 | Punjab & Haryana High Court | Punjab, Haryana & Chandigarh | Chandigarh |
1975 | Sikkim High Court | Sikkim | Gangtok |
2000 | Chattisgarh High Court | Chattisgarh | Bilaspur |
2000 | Uttarakhand High Court | Uttarakhand | Nainital |
2000 | Jharkhand High Court | Jharkhand | Ranchi |
2013 | Tripura High Court | Tripura | Agartala |
2013 | Manipur High Court | Manipur | Imphal |
2013 | Meghalaya High Court | Meghalaya | Shillong |
2019 | Telangana High Court | Telangana | Hyderabad |
2019 | Andhra Pradesh High Court | Andhra Pradesh | Amravati |
2019 | Jammu & Kashmir and Ladakh High Court (Note: In 1928, Jammu & Kashmir high court was established. Post-bi-furcation of J&K into two union territories; there is now a common high court.) | Jammu and Kashmir Ladakh | – |
How many High Courts are there in India?
In India, there are 25 High Courts. The Indian High Courts Act of 1861 was passed in 1858, recommending the formation of High Courts in place of the Supreme Court for Calcutta, Madras, and Bombay. The Calcutta High Court received its charter in May 1862, while Madras and Bombay followed in June 1862. This was done to create a separate judicial body for different states. After independence, Article 214 of the Indian Constitution required each state to have its own High Court, with specific guidelines for appointing judges. The legal system changed significantly after independence, moving away from British rules to those found in the Indian Penal Code.
Which is the Newest High Court of India?
The most recent High Court in India was established in Andhra Pradesh on January 1, 2019. Under British rule, each High Court had a Chief Justice and up to 15 other judges. However, the structure of Indian High Courts has changed over time.
- The President shall appoint the Chief Justice of each High Court.
- Unlike before, each High Court might appoint an unlimited number of judges.
- Additional judges may also be appointed to adjudicate matters that are still pending in court. But they are only allowed to serve for a maximum of two years.
One thing to keep in mind is that no one can be appointed as a High Court Judge if they are over the age of 62. The High Court’s do not all have the same number of judges assigned to them. Comparatively speaking, a smaller state will have fewer judges than a larger state.
High Court of India Jurisdiction
The High Court is the state’s highest appeals court and has the authority to interpret the Constitution. It is responsible for defending citizens’ fundamental rights. Additionally, it performs consulting and managerial functions. However, the Constitution makes no specific mention of the authority and jurisdiction of a high court.
Original Jurisdiction
In such cases, there’s no need to file an appeal; the applicant can go directly to the High Court. This usually involves matters related to the State Legislative Assembly, marriages, enforcing fundamental rights, and transferring cases from other courts.
Power of Superintendence
The High Court has special powers that other courts do not have. It can instruct its subordinate offices and courts to set rules for handling cases and to determine the fees for sheriff clerks, officers, and lawyers.
Court of Record
It involves permanently preserving the decisions, actions, and acts of high courts on record. No court will allow further discussion of these records. It is able to impose punishment for self-disrespect.
Control over Subordinate Courts
The appellate and supervisory jurisdictions are extended in this way. It stipulates that if a matter contains a substantial legal question, the High Court may withdraw it from any subordinate court. The case may be resolved on its own or by resolving the legal issue and returning to the same court.
Appellate Jurisdiction
This is for situations where someone has complained about the district courts or the territory’s subordinate court’s decision being reviewed. The following two categories further divide this power:
- Civil jurisdiction: District court, civil district court, and subordinate court decisions and judgments fall within the category of civil jurisdiction.
- Criminal Jurisdiction: This covers decisions and orders rendered by the session court and any further session courts.
Power of Judicial Review
This authority of the High Court also extends to the ability to judge whether state and federal legislative and executive directives are lawful. It should be emphasized that although our constitution doesn’t use the term “judicial review,” Articles 13 and 226 plainly grant the High Court this authority.
Writ Jurisdiction of High Court
A high court is authorized by the Constitution’s Article 226 to issue writs, such as quo warranto, quo mandamus, certiorari, prohibition, and habeas corpus, to uphold citizens’ fundamental rights and for any other reason.
Appointment of Judges to the High Courts of India
The President of India appoints judges to the High Court. Any judge appointed to a High Court must be approved by him alone. He may, however, speak with the state’s governor, the acting chief justice of India, and the chief justice of the state’s high court. Additionally, a High Court judge may be transferred to other High Courts. The Chief Justice of India will make the final decision. The goal of judge transfers is to guarantee fair and proper adjudication of each case heard in a court of law.
Eligibility for High Court Judge
To be appointed as a judge in a High Court, a candidate must meet one of the following qualifications:
- Have more than five years of experience as a lawyer.
- Have worked for the government for over ten years, with at least three years in a Zila (district) court.
- Have been a party to a case in a High Court for more than ten years.
- Be under the age of 62.
High Court Jurisdictions
While the law requires each state to have its own High Court, some states share a High Court. For example:
- The Punjab High Court serves both Punjab and Haryana.
- Seven northeastern states (Assam, Nagaland, Manipur, Tripura, Meghalaya, Arunachal Pradesh, and Mizoram) share a common High Court.
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Salaries of Judges
A judge of the High Court is entitled, under Article 221, to the pension and leave-of-absence benefits that Parliament may occasionally decide upon. After a Judge is appointed, nevertheless, this cannot be altered to his detriment.
Designation | Past Salary | After Increment |
Chief Justice of the High Court | 90,000 | 2,50,000 |
Other Judges of the High Court | 80,000 | 2,25,000 |