In the integrated judiciary, the High Court operates below the Supreme Court and above the subordinate Court. High Courts are the highest judicial body at the State level. As per Article 214, there shall be High Courts for every State. There are 25 High Courts in India. Among the Union Territories Delhi, – and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own. The other five Union Territories come under the jurisdiction of different State High Courts. Similarly states, like Goa, Arunachal Pradesh, Mizoram and Nagaland etc. do not have high courts in their states.

Composition and Appointment:

Unlike the Supreme Court, there is no minimum number of judges for the High Court. From time to time, the President fixes the number of judges in each High Court.

Appointment of Judges:

• As per Article 217(1) of the Indian Constitution, the Chief Justice of the High Court and Judges of the High Court are to be appointed by the President by a warrant under his hand and seal.
• The President of India appoints the Chief Justice of the High Court in consultation with the Chief Justice of India (CJI) and the Governor of the State, which, in actual terms, means the real executive of the State.
• In appointing the judges, the President is required to consult the Chief Justice of the High Court as well.

Qualification, oath and salaries:

Qualification of Judges:

The person to be appointed as a judge of a High Court, the person concerned should possess the following qualifications:

• He/She should be a Citizen of India.
• He/She should have at least 10 years of experience as an advocate of a High Court of India or should have at least 10 years of experience as a judicial officer in the territory of India.

Oath and Affirmation:

A Judge of a High Court shall subscribe to an oath or affirmation before the Governor. Oath or affirmation has been in accordance with the third schedule. In his oath a judge of a high court takes oath :

• To bear true faith and allegiance to the Constitution of India as by law established
• To uphold the integrity and sovereignty of India
• To duly and faithfully and to the best of his ability perform the duties of my office without favour or fear, ill-will or affection, and
• To uphold the Constitution and the laws.

Salaries and Allowance:

Salaries, gratuity, pension, allowances, leave and privileges of a judge of the High Court are determined by law made by Parliament from time to time. Salaries of Judges of High Courts are governed by the law as High Court Judges (Salaries and Conditions of Service) Act, 1954.

To make it independent, the allowance, leave, and pension can not be varied to his disadvantage after retirement.

Tenure, removal and Transfer of Judges:

Tenure of Judges:

The Constitution has not fixed the tenure of the High Court. It makes the following provision in this regard:

• A Judge of the High Court holds the office until he completes the age of 62 years.
  • Note: If the question arises regarding the age of a judge of the High Court, the President decides after consultation with the Chief Justice of India. The President’s decision will be final in this regard.
• He can resign his office by writing to the President of India.
• He can also be removed from office on the recommendation of the Parliament.

Removal of judges:

The provision of the removal of the High Court is the same as that of the Supreme Court. The Constitution under Article 218 provides only the President, through an order, can remove a High Court judge, and it would follow the same steps as the removal of a Supreme Court Judge. The order has to be based on a motion passed by both houses of Parliament. The procedure for the removal of judges is elaborated in the Judges Inquiry Act of 1968. The Act gave the following steps for removal from office.

Source-PIB

Transfer of Judges: 

Under Article 222, the Constitution sets out provisions for the transfer of the Chief Justice of the High Court and other high court judges. The President of India, when a need arises, may transfer a judge from one High Court to another after consulting with the Chief Justice of India,

In the Union of India vs. Sankal Chand Himatlal Sheth (1977) case, the Supreme Court rejected the idea that consent is necessary for transferring high court judges. It reasoned that the transfer of power could be exercised only in the public interest. It also held that the President of India was under an obligation to consult the CJI(Chief Justice of India).

Acting, Additional and Retired Judges:

Acting Chief Justice and Acting Judge:

The President can appoint the Acting Chief Justice of a high court with the exercise of the power conferred to him under Article 223 of the Constitution of India. It can be appointed in the following circumstances:

• The office of Chief Justice of a High Court is vacant or
• Chief Justice is absent or
• Chief Justice is not able to perform the duties of his office due to reasons like illness.

Similarly, an acting judge under Article 224(2) can be appointed by the President in the following cases:

• The judge of the High Court is absent.
• When a judge is unable to perform the duties of his office or
• When a judge is temporarily appointed as Chief Justice.

However, an acting Judge of a High Court can serve till the age of sixty-two years.

Additional Judge:

• The President can appoint Additional Judges under Article Article 224 (1) of the Indian Constitution.
• An additional judge of a high court is appointed by the President when the need arises. The appointment of the additional judge will be for a temporary period. It shall not exceed two years. In the following situation, the President can appoint additional judges:
  • When there is a temporary increase in the business of the High Court, or
  • there are arrears of work in the High Court.
• An additional Judge of a High Court shall not hold office after the age of 62 years.

However, there are some conditions for the appointment of additional judges in the High Court.

The Chief Justice of the High Court should not make a recommendation for the appointment of an Additional Judge when a vacancy for a permanent Judge is available in that High Court.

Retired Judges:

• As per Article 224A of the Constitution, the Chief Justice of a High Court, after consenting to the President, may request any person to appoint the retired judge. A person can be a retired judge who has held the office of a Judge of that Court or any other High Court to sit and act as a Judge of the High Court of that State.
• Under Article 224A, the President, by order, determine the allowance of the retired judge. The retired judge will have all the jurisdiction, powers and privileges of the High Court. However, he will not be deemed to be a Judge of that High Court.
• However, Article 224A was not part of India’s original Constitution. It was inserted in the Constitution by the Constitution (Fifteenth Amendment) Act, 1963. This provision has only been invoked thrice in the past. Thus, it has stayed more or less dormant for years. However, it becomes very crucial in the context of an increase in the pendency of the cases in the judiciary.
• The Guidelines to appoint ‘ad-hoc judges’ to High Courts have been issued by the Supreme Court in Lok Prahari v Union of India. The guidelines include a ‘trigger point’ for the time of the ad-hoc judges’ appointment. It includes:
  • When vacancies in the High Court are more than 20% of the sanctioned strength or
  • when there is a backlog in cases in a particular category for more than 5 years. or a
  • More than 10% of cases are pending for more than 5 years, or
  • if the rate of institution of new cases is more than the rate of disposal.

Jurisdiction and Power of the High Court:

Original Jurisdiction of the High Court: 

The original jurisdiction of a High Court is the Court’s authority to hear a case for the first time, not through the way of appeal. It has wider original jurisdiction with respect to the Supreme Court. It includes

1. Enforcement of Fundamental Rights,
2. Settlement of disputes related to the election to Union and State legislatures: Under original jurisdiction, a High Court can hear election petitions that have challenged the election of a Member of Parliament or State Legislative Assembly.
3. Jurisdiction over revenue matters. (Article 225)
4. Cases related to admiralty, matrimony, probate, contempt of court and election petitions.

Writ Jurisdiction of the High Court:

Apart from the Supreme Court, the High Court can also issue writs under Article 226 only for the enforcement of fundamental rights. But there is a difference between the writs’ jurisdiction of the two. High Court can also issue writs for legal rights beyond fundamental rights.

Under Article 226, the High Court can issue Habeas corpus, mandamus, certiorari, prohibition, and quo warranto. In the Chandan Kumar case, the Supreme Court ruled the writ jurisdiction of the High Court comes under the basic structure of the Constitution.

Difference between the writ jurisdiction of the Supreme Court and the High Court

Appellate Jurisdiction of High Court:

As the High Court is the highest in the State, it has Appellate jurisdiction. Under this, the High Court has the power to accept appeals challenging the decisions of District Courts in criminal as well as civil matters.

Appellate Jurisdiction in civil matters:

In civil matters, the High Court is either a first appeal or a second appeal court. Appellate jurisdiction in civil matters can be extended in cases involving more than 5 lakhs. It also hears cases related to patents and designs, insolvency, succession, land acquisition and guardianship.

Appellate Jurisdiction in criminal matters:

In criminal matters, appeals from decisions of a session’s judge or an additional sessions judge where a sentence of imprisonment exceeds seven years and other specified cases other than petty crimes constitute the appellant jurisdiction of a High Court.

Supervisory jurisdiction of the High Court

The High Courts in the States have been conferred the Supervisory jurisdiction as prescribed under Article 227 of the Indian Constitution. The High Court exercises the power of superintendence over all other courts and tribunals throughout the territories in its jurisdiction. However, it does not have jurisdiction against any court or tribunal related to the armed forces.

Under the supervisory jurisdiction of the High Court:

(a) It can call for the records or any other information from the lower Courts;

(b) It can make rules and regulations for the practice and proceedings of lower courts courts; and

(c) prescribe forms in which the officers of any such courts shall keep books, entries and accounts.

Control over subordinate Courts:

• According to Article 235, the High Court has control over district courts and courts subordinate with respect to the following matters:
• The Governor appoints the District Judges in consultation with the High Courts. Also, it is consulted by the Governor in the appointment of the person to the judicial service of the State.
• Posting, promotion, grant of leave of the persons belonging to the judicial service of a State
• Posting, promotion and grant of leave of the persons in any post inferior to the post of district judge.
• High Court may transfer a case from one Court to the next subordinate Court. It may also withdraw any pending case in any of its subordinate courts and attempt or dispose of the same.
• Its law is binding on all the subordinate Courts.

Transfer of cases to the higher Court:

High Court can order the transfer of cases pending in a subordinate court when he is satisfied that it involves a substantial question of law or required interpretation of the Constitution. A High Court may transfer a case from one Court to the next subordinate Court.

After examining the case, the High Court may either dispose of it or return it to the Lower Court with instructions for disposal of the case.

A court of Record:

A High Court, like the Supreme Court, is a ‘Court of Record.’ This means that the lower courts in a State must follow the decisions of the High Court.

The fact that a High Court has been given the position of ‘Court of Records’ also entails the following:

• The proceedings and judgment serve as legal references. These are preserved as evidence; also, they are not questioned when presented in Court.

• The High Court has been given the power to punish contempt of Court as a criminal offence or civil offence.

• The High Court is empowered to review its own decisions or orders, though such power is not vested in it by the Constitution.

Independence of the High Court

For the proper functioning of the legal mechanism of the State, the independence of the High Court is essential. It protects the fundamental rights of the people and has the power of judicial review. Thus, it protects the constitutional principle. In this context, the independence of the High Court is very crucial, which is ensured through the following mechanism.

1. Appointment of High Court judges: The judges of the High Court are appointed by the President. The President appoints the High Court Chief Justice in consultation with the Chief Justice of India (CJI) and the Governor of the concerned State. This curtails the absolute discretion of the executive. This also ensures no political considerations or influence.

2. Security of tenure: The tenure of the judge of the High Court is not fixed. The President of India can remove a High Court judge from his office on the recommendation of the Parliament only on the grounds provided in the Constitution. This means they do not hold the office at the pleasure of the President.

3. Fixed service conditions: The salaries, allowances, leave, privileges, and pensions of the High Court judges are determined by the Parliament. They cannot be changed after their appointment (except during a financial emergency).

4. Expenses charged on the consolidated fund. The salaries and allowances of the Chief Judge and other High Court judges are charged to the State’s consolidated fund. Still, the pension of the High Court is charged to India’s consolidated fund. The salaries, allowances, and pensions of the staff and the administrative expenses of the High Court are also charged on the State’s consolidated fund (hence non-votable by the state legislatures).

5. The conduct of judges cannot be discussed: The conduct of the High Court judges concerning the discharge of their duties cannot be discussed in the Parliament or State Legislature. However, an impeachment motion can be discussed.

6. Ban on practice after retirement: After retirement, the permanent judges of a High Court are prohibited from pleading or acting in Court or before any authority in India except the Supreme Court and any other High Court. This makes sure that they do not favour anyone in the hope of future assistance.

7. Power to punish for its contempt: Under Article 215, the High Court can punish any person for its contempt. This ensures the authority, dignity and honour of the High Court.

8. Freedom to appoint its staff: The Chief Justice can make the appointment of the High Court officers and servants of the High Court without any interference from the executive.

9. Jurisdiction of the High Court cannot be curtailed: Neither the Parliament nor the state legislatures can curtail the jurisdiction or powers of the High Court as specified in the Constitution. But in other respects, powers and jurisdiction can be altered.

10. Separation from the executive: The State is directed through Article 50 of the Constitution of India to take steps to separate the judiciary from the executive in state public services.