In the hierarchy of courts in India, High Courts hold the prestigious position of being the highest judicial authority at the state level. At present, India houses 25 High Courts, some of which serve more than one state. They play a crucial role in India's judicial system, making them a key topic of interest for those preparing for the UPSC exam .

This article aims to provide a comprehensive understanding of the functions, powers, and jurisdiction of High Courts, as well as the rules regarding the appointment of High Court judges. These are fundamental concepts in the polity section of the IAS syllabus .

An Overview of the Powers and Functions of High Courts

High Courts, established under Articles 214 to 231 in the Indian Constitution, are the highest judicial bodies in a state. The Parliament can also provide for the establishment of one High Court for two or more states. For example, Haryana, Punjab, and the Union Territory of Chandigarh share a common High Court, as do the northeastern states. Tamil Nadu and Puducherry also share a High Court.

The High Courts of Calcutta, Madras, and Bombay were among the first to be established in India, brought into existence by the Indian High Courts Act of 1861.

What Does a High Court Do?

The High Court's responsibilities span a broad range, from administrative duties to jurisdictional powers. Let's delve deeper into these functions.

High Court Jurisdiction

The jurisdiction of a High Court varies and includes:

Original Jurisdiction

• The High Courts of Calcutta, Bombay, and Madras have original jurisdiction in certain civil and criminal cases within these cities.
• They hold the exclusive right to hear civil cases involving property worth more than Rs.20000.
• They can issue writs to enforce fundamental rights.
• All High Courts have original jurisdiction in cases related to wills, divorce, contempt of court, and admiralty.
• They can also hear election petitions.

Appellate Jurisdiction

• In civil cases, an appeal can be made to the High Court against a district court’s decision.
• An appeal can also be made directly from the subordinate court if the dispute involves a value higher than Rs. 5000 or on a question of fact or law.
• In criminal cases, it extends to cases decided by Sessions and Additional Sessions Judges, particularly if the judge has awarded imprisonment for 7 years or more or capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.
• In constitutional cases, if the High Court certifies that a case involves a substantial question of law.

High Court Powers

In addition to jurisdictional powers, High Courts also hold several administrative powers and functions.

As a Court of Record

• High Courts are Courts of Record, similar to the Supreme Court.
• The records of the judgements of the High Courts can be used by subordinate courts for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or institution.

Administrative Powers

• They superintend and control all the subordinate courts.
• They can ask for details of proceedings from subordinate courts.
• They issue rules regarding the working of the subordinate courts.
• They can transfer any case from one court to another and can also transfer the case to itself and decide the same.
• They can enquire into the records or other connected documents of any subordinate court.
• They can appoint their administration staff and determine their salaries, allowances, and conditions of service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Indian Constitution.

Power of Certification

A High Court alone can certify the cases fit for appeal before the Supreme Court.

High Court Autonomy

The autonomy of the High Courts is maintained through several provisions:

• Appointment of Judges: The appointment of judges of the High Courts lies within the judiciary itself and is not connected to the legislature or the executive.
• Tenure of the Judges: High Court judges enjoy the security of tenure till the age of retirement, which is 62 years. They cannot be removed except by an address of the President.
• Salaries and allowances: The High Court judges enjoy good salaries, perks, and allowances and these cannot be changed to their disadvantage except in case of a financial emergency. The expenses of the High Court are charged on the Consolidated Fund of the State, which is not subject to vote in the state legislature.
• Powers: The Parliament and the state legislature cannot cut the powers and jurisdiction of the High Court as guaranteed by the Constitution.
• Conduct of judges: Unless a motion of impeachment has been moved, the conduct of the High Court judges cannot be discussed in the Parliament.
• Retirement: After retirement, High Court judges cannot hold an office of emolument under the Government of India or that of a state. However, with the consent of the Chief Justice of India, retired judges can be nominated to a temporary office in emergencies.

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