Types of Court in India (Part-2): High Courts Of India

High Courts of India

• High Courts are the highest courts in each state and union territory of India.
• They mainly work as appellate courts, meaning they hear appeals from lower courts.

Jurisdiction of High Courts

High Courts can exercise original civil and criminal jurisdiction only when lower courts are not legally authorized to try certain cases because of:

• Special subject matter, or
• Territorial limitations.

High Courts also have original jurisdiction in some matters if allowed by:

• The Constitution,
• A state law, or
• A union law.

A major part of High Court work involves:

• Appeals from lower courts, and
• Writ petitions under Articles 226 and 227 of the Constitution.

Writ jurisdiction is part of the High Court’s original jurisdiction.

Subordinate Courts Structure

Each state is divided into judicial districts.

Each district is headed by:

• A District Judge for civil cases, and
• A Sessions Judge for criminal cases.

The same person holds both titles depending on the type of case.

The District/Sessions Judge is the highest judicial authority below the High Court.

Below them are courts of civil jurisdiction, called by different names in different states.

Binding Nature of Supreme Court Judgments

Under Article 141, all courts in India, including High Courts, must follow the judgments and orders of the Supreme Court of India.

Appointment and Status of High Court Judges

High Court judges are appointed by the President of India.

The President consults:

• The Chief Justice of India, and
• The Governor of the state.

This is provided under Article 217, Chapter Five, Part VI of the Constitution.

Due to later court interpretations, the Judicial Collegium has primacy in appointments.

Each High Court is headed by a Chief Justice.

In the Indian order of precedence:

• Chief Justices rank 14th within their state, and
• 17th outside their state.

Number of Judges in High Courts

The number of judges is decided by:

• Dividing the average number of main cases filed in the last five years by the national average, or
• The average number of cases disposed per judge per year in that High Court,

Whichever of the two is higher.

Oldest High Court

• The Calcutta High Court is the oldest High Court in India.
• It was established on 14 May 1862.

Benches and Circuit Courts

• High Courts with large workloads may have permanent benches in important regions.
• Benches may also exist in states that fall under the jurisdiction of a High Court located outside the state.
• Smaller states may have circuit benches (temporary courts).
• Circuit benches operate for a few months in a year.
• Cases that accumulate during the rest of the year are heard when the circuit court is in session.

UNESCO World Heritage Buildings

• The Bombay High Court building (part of the Victorian and Art Deco Ensemble of Mumbai) is a UNESCO World Heritage Site.
• The Punjab and Haryana High Court building (part of the architectural work of Le Corbusier) is also a UNESCO World Heritage Site.

High Courts of India

Civil Procedure (CPC) by C.K. Takwani is a comprehensive and lucid guide to the fundamental principles of civil procedure and limitation law in India, with valuable relevance to practice and proceedings before the High Courts.