High Courts

The High Courts are creatures of the Constitution, and a single block of articles in Part VI governs them.

• Article 214 — each State must have its own High Court.
• Article 215 — High Courts are courts of record.
• Article 226 — power of High Courts to issue certain writs (the most important article for exams).
• Article 231 — establishment of a common High Court for two or more States.
• The High Court is the Guardian of Fundamental Rights at the State level and plays a vital role in maintaining the Rule of Law.

The High Court system in India is older than the Constitution itself, tracing back to a colonial-era Act.

• The Indian High Courts Act, 1861 provided for the establishment of High Courts.
• Andhra Pradesh (on 1 January 2019) is the most recent State to get its own High Court.
• The 7th Amendment Act of 1956 authorised Parliament to establish a common High Court for two or more States, or for two or more States and a Union Territory.

• The first-ever woman judge of a High Court was Justice Anna Chandy.
• The first woman Chief Justice of a High Court in India was Leila Seth.

One question on High Courts appears in almost every exam — which is the oldest — so this fact is worth fixing firmly.

• Madras High Court was established in 1862.
• Bombay High Court was established in 1862.
• Allahabad High Court was established in 1866.

A High Court judge is appointed by the Union executive, but takes oath before the State's representative.

• The oath is administered by the Governor of the State.
• There is no fixed number of judges in a High Court.
• Transfer of a High Court judge is done by the President of India.

A candidate for High Court judge must meet a citizenship test plus one of two experience routes.

• Must have held a judicial office in the territory of India for ten years; or
• Must have been an advocate of a High Court for ten years.
• There is no minimum age prescribed (the only age limit is the retirement ceiling).

Unlike Supreme Court judges, High Court judges retire two years earlier — a frequently tested distinction.

• Resignation is submitted to the President.
• Removal is by impeachment — the same procedure as a Supreme Court judge.
• Grounds of removal are proved misbehaviour or incapacity.

Note: a High Court judge retires at 62 years, whereas a Supreme Court judge retires at 65 years — do not confuse the two.

The High Court's finances are split between the State and the Union, and the court carries the special status of a "court of record".

• Pension is charged on the Consolidated Fund of India.
• Under Article 215, every High Court is a court of record — its judgments and proceedings are recorded as evidence and it can punish for contempt.

The High Court hears matters both at first instance and on appeal, and supervises the courts below it.

• Note: disputes over the election of a Lok Sabha member or the Prime Minister fall under the original jurisdiction of the Supreme Court, not the High Court.
• Writ jurisdiction (Fundamental Rights and legal rights) — under Article 226.
• Appellate jurisdiction — the High Court has supervisory jurisdiction over subordinate courts (such as the District Court).

This is the single most important comparison in the chapter: the High Court's writ power is wider than the Supreme Court's.

• Under Article 32, the Supreme Court issues writs only in the case of a Fundamental Right violation.
• Therefore the writ jurisdiction of the High Court (Article 226) is WIDER than that of the Supreme Court (Article 32).

A single High Court can serve more than one State or Union Territory, the most famous example being Guwahati.

Below the High Court lies the district judiciary, governed by its own set of articles in Part VI.

• Article 233 — judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court.
• Article 233 ensures independence in the appointment of subordinate court judges.
• The District Judge is the highest judicial authority in the district and the head of the district judiciary.
• A District Judge has original and appellate jurisdiction, in both civil and criminal matters.
• In criminal matters, a District Judge is known as the Sessions Judge.
• In civil matters, a District Judge is known as the District Judge.
• The Family Courts Act, 1984 provides for the speedy settlement of family disputes.
• High Courts supervise all subordinate courts.

The courts below the district level branch into civil, criminal and revenue streams.

• Criminal Court: District Session Court → Chief Judicial Magistrate Court → Judicial Magistrate Court.
• Revenue Court: Board of Revenue → Commissioner & Collector → Tehsildar.

For completeness, here are the wider State-related articles in Part VI that often appear alongside High Court questions.