Page 27 โ High Courts
Based on M. Laxmikanth โ Indian Polity (6th Edition)
Key Idea Summary
Core concepts and exam relevance
High Courts (Articles 214โ231) are the highest judicial bodies in states, functioning directly below the Supreme Court.
India has 25 High Courts serving 28 states and 8 UTs.
- Jurisdiction powers
- Appointment of judges
- Relationship with subordinate courts
- Comparison with Supreme Court
Structure of High Courts
Composition and appointments
Chief Justice of HC
- Appointed by President
- Consultation with CJI & State Governor
- Heads the High Court
- Administrative head of state judiciary
Other Judges
- Appointed by President
- Consultation: CJI + HC Chief Justice + Governor
- No fixed strength (President decides)
- Tenure: Until 62 years of age
Qualifications
- Citizen of India
- Held judicial office for 10+ years, OR
- Advocate of HC for 10+ years
- No minimum age prescribed
Number of HCs
- Some HCs serve multiple states
- E.g., Punjab & Haryana HC
- E.g., Guwahati HC (NE states)
Jurisdiction of High Courts
Four types of jurisdiction
A) Original Jurisdiction
- Certain civil & criminal matters
- Election petitions (MP/MLA)
- Matrimonial cases (in some states)
- Company law matters
- Revenue matters
B) Appellate Jurisdiction
- Civil appeals from district courts
- Criminal appeals from sessions courts
- Appeals from tribunals
- Constitutional questions from lower courts
C) Supervisory Jurisdiction (Art. 227)
- Control over subordinate courts
- Can call for records
- Can transfer cases
- Issue directions for proper functioning
- Superintendence over all courts
D) Writ Jurisdiction (Art. 226)
- Issue 5 types of writs
- Wider than SC writ power!
- For FRs + any other purpose
- SC: Only for Fundamental Rights
- HC: For FRs & other legal rights
Art. 226 (HC) > Art. 32 (SC) in writ scope!
SC issues writs ONLY for Fundamental Rights.
HC issues writs for FRs AND "any other purpose" (legal rights).
Supreme Court vs High Court
Key differences
| Aspect | Supreme Court | High Court |
|---|---|---|
| Article | 124-147 | 214-231 |
| Writ Jurisdiction | Only for FRs (Art. 32) | For FRs + other rights (Art. 226) |
| Retirement Age | 65 years | 62 years |
| Original Jurisdiction | Centre-State disputes only | Various civil/criminal matters |
| Supervisory Power | Over all courts (Art. 142) | Over subordinate courts (Art. 227) |
Evolution of High Courts
Historical milestones
Calcutta, Bombay, and Madras High Courts established under Indian High Courts Act
High Courts given constitutional status under Articles 214-231
New High Courts established: Uttarakhand, Jharkhand, Chhattisgarh
Separate High Court for Telangana; bringing total to 25
Simulation Lab
HC Jurisdiction Explorer
๐งช High Court Case Router
Select a scenario to see which HC jurisdiction applies.
Select a scenario to see which jurisdiction applies.
Exam Booster โ Practice Questions
Test your understanding
1 High Courts are established under which Articles?
High Courts are governed by Articles 214-231. Art. 124-147 = SC; Art. 233-237 = Subordinate courts; Art. 153-167 = Governor.
2 How does HC writ power differ from SC?
Art. 226 allows HC to issue writs for FRs AND "any other purpose". SC (Art. 32) can issue writs ONLY for Fundamental Rights.
Memory Hooks & Quick Revision
Key takeaways for exam day
Revision Summary
3 Exam Points to Remember
- 1 Art. 214-231: HC provisions | 25 HCs in India | Retirement: 62 years
- 2 Art. 226 > Art. 32: HC writ = FRs + other rights; SC writ = Only FRs
- 3 Art. 227: Supervisory jurisdiction over all subordinate courts in state