Each State has a High Court; it is the highest judicial organ of the State. However, there can be a common High Court like Punjab, Haryana & Union Territory of Chandigarh.
Presently there are 21 High Courts in India. Consists of Chief Justice & other such judges as appointed by the President.
The Constitution, unlike in the case of the Supreme Court, does not fix any maximum number of judges for a High Court. A judge of a High Court can be transferred to another High Court without his consent by the President.
In this, the Chief Justice of India is also consulted. The opinion provided by him shall have primacy and is binding on the President.
Appointment of Judges
The appointment of Chief Justice is made after consultation with the Chief Justice of Supreme Court & the Governor of the State by the President.
In case of appointment of a Judge, the Chief Justice of the High Court concerned is also consulted in addition to Chief Justice of Supreme Court & Governor of the State concerned.
On Oct 6, 1993, the Constitution bench of Supreme Court held that the opinion of Chief Justice (of the concerned High Court & the Supreme Court) will be given priority in both the appointment as well as transfer of senior judges.
Jurisdiction and Seats of High Courts
|Sl. No.||SOL id||Branch||Region||Category||Status|
|9.||330||Rampur, Civil Lines||Bareilly||Urban||BR|
|11.||932||Arera Colony, Bhopal||Bhopal||Metro||BR|
|12.||327||Ranchi, Katchery Road||Bhubaneswar||Urban||BR|
|13.||38||Sec.-17 B, Chandigarh||Chandigarh||Urban||BR|
|14.||649||Dehradun, Clock Tower||Dehradun||Urban||BR|
|15.||689||Muzzaffarnagar, Civil Lines||Dehradun||Urban||BR|
|16.||721||Saharanpur, Moti Chowk||Dehradun||Urban||BR|
|17.||951||Hardwar, Shivalik Nagar||Dehradun||Urban||BR|
|18.||1||Chandni Chowk, Delhi||Delhi||Metro||BR|
|19.||793||Shastri Nagar, Meert||Ghaziabad||Urban||BR|
|20.||829||GT Road, Ghaziabad||Ghaziabad||Urban||BR|
|21.||931||Sector 18, NOIDA||Ghaziabad||Urban||BR|
|22.||61||MI Road, Jaipur||Jaipur||Metro||BR|
|23.||34||GT Road, Jalandhar||Jalandhar||Urban||BR|
|25.||286||Park Street, Kolkatta||Kolkatta||Metro||BR|
|27.||934||Boring Road, Patna||Kolkatta||Urban||BR|
|28.||27||The Mall, Kanpur||Lucknow||Metro||BR|
|30.||126||Johnston Ganj, Allahabad||Lucknow||Urban||BR|
|32.||384||Gorakhpur, Bank Road||Lucknow||Urban||BR|
|34.||687||Gomti Nagar, Lucknow||Lucknow||Metro||BR|
|36.||12||Karol Bagh, N. Delhi||New Delhi||Metro||BR|
|37.||217||Nehru Place||New Delhi||Metro||BR|
- Must be a citizen of India.
- Should have been an advocate of a High Court or of two such Courts in succession for at least 10 yrs; or should have held judicial office in Indian for a period of at least 10 years.
Term & Salary
A judge of High Court continues his office till 62 yrs of age. Term can be cut short due to resignation or removal by the President.
Salary : Chief Justice – [rupee] 90,000 per month; Other Judges – [rupee] 80,000 per month
The President can remove a judge of High Court only if the Parliament passes the resolution by a 2/3 majority of its members present & voting in each house.
The conduct of the judges of the High Court cannot be discussed in Parliament, except on a motion for the removal of a judge.
Restriction on Legal Practice
The judge of a High Court is not allowed to practice law before the authority of the same court except the Supreme Court & any other High Court.
Jurisdiction of High Court
- Court of record & has power to punish for its contempt.
- Under Article 226, the High Courts are given powers of issuing writs for the enforcement of Fundamental Rights and for other purposes. The jurisdiction to issue writs under this Article is larger for High Courts as compared to the Supreme Court because whereas 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.
- Supervises the working of all subordinate courts & frames rules & regulations for the transaction of business. It can examine the records of subordinate courts.
Judiciary in States consists of a High Court and subordinate courts. The organization of the Subordinate Courts throughout the country is generally uniform.
There are two types of law courts in every district – Civil and Criminal Courts. They function under the superintendence and control of the High Court of that particular state.
The highest civil court in a district is the court of the District Judge. The court decides civil and criminal cases. When the judge decides civil cases, he is called the District Judge and when he deals with the Criminal Cases, he is called the Session Judge.
The District Judge is appointed by the Governor in consultation with the Chief Justice of the High Court. He hears the appeals against the decision of the sub – judges.
Besides the District Court, there are courts of sub – judges, munsiff courts and courts of small causes. Below the Session Courts are the courts of First Class Magistrates.
In Metropolitan cities like Kolkata, Chennai, Mumbai and Delhi, these Magistrates are known as Metropolitan Magistrates. Apart from this, there are courts of Second Class and Third Class Magistrates also.