High Courts are the highest courts in each state of India. Presently, there are 25 High Courts across the country. Some states share a High Court, such as Haryana, Punjab, and Chandigarh.
Constitutional Basis
The High Courts are governed by Articles 214 to 231 of the Constitution of India. These articles outline their establishment, powers, and functions. The Parliament can establish a single High Court for multiple states, as seen in the northeastern region and Tamil Nadu with Puducherry.
Historical Background
The Indian High Courts Act of 1861 established the first High Courts in Calcutta, Madras, and Bombay. The Calcutta High Court, established in 1862, was the first in India. This act aimed to create a separate judiciary for various regions, replacing the British Supreme Court.
Composition of High Courts
Each High Court consists of a Chief Justice and other judges. The number of judges varies by state. The President of India appoints judges in consultation with the Chief Justice of India and the Governor of the respective state.
Jurisdiction of High Courts
High Courts have several types of jurisdiction:
- Original Jurisdiction: High Courts can hear cases directly, especially in matters of civil rights, wills, divorce, and contempt. The High Courts of Calcutta, Bombay, and Madras have specific original jurisdiction in their respective cities.
- Appellate Jurisdiction: They hear appeals from lower courts, including district and subordinate courts. In criminal cases, appeals can be made against decisions of Sessions Judges.
- Advisory Jurisdiction: High Courts can provide legal advice to the government on specific issues.
- Judicial Review: High Courts can review laws and executive orders for constitutionality.
Powers of High Courts
High Courts possess various powers, including:
- As a Court of Record: Their judgments are recorded for future reference and cannot be questioned in lower courts.
- Administrative Powers: They supervise subordinate courts, issue operational rules, and manage court staff.
- Power of Judicial Review: They can declare laws unconstitutional if they violate the Constitution.
- Power of Certification: High Courts can certify cases for appeal to the Supreme Court.
Autonomy of High Courts
High Courts maintain independence through several mechanisms:
- Appointment of Judges: Judges are appointed through a process that excludes legislative or executive influence.
- Tenure Security: Judges serve until the age of 62 and can only be removed through a presidential address.
- Financial Independence: Their salaries and allowances cannot be reduced, except in a financial emergency.
- Conduct Protection: Judges’ conduct cannot be discussed in Parliament without impeachment proceedings.
Appointment and Removal of Judges
Judges are appointed by the President of India based on recommendations from the Chief Justice of India and the Governor. The process ensures judicial independence. A judge can be removed for misbehaviour or incapacity through a rigorous impeachment process that requires a two-thirds majority in both houses of Parliament.
Salary Structure
High Court judges receive competitive salaries. Currently, a High Court judge earns ₹80,000 per month, while the Chief Justice receives ₹90,000. These salaries are charged to the Consolidated Fund of the State.
Functions of High Courts
High Courts perform multiple functions, including:
- Hearing Appeals: They handle appeals from lower courts, ensuring justice is served.
- Writ Jurisdiction: Under Article 226, High Courts can issue writs to protect fundamental rights.
- Control over Subordinate Courts: They supervise and can withdraw cases from lower courts for resolution.
- Advisory Role: They can advise government departments on legal matters.
Types of Writs Issued
High Courts can issue several types of writs:
- Habeas Corpus: Protects against unlawful detention.
- Mandamus: Commands a public authority to perform a duty.
- Certiorari: Reviews the decisions of lower courts.
- Prohibition: Prevents lower courts from exceeding their jurisdiction.
- Quo Warranto: Challenges the legality of a person holding a public office.
High Court Autonomy and Independence
High Courts operate independently of other branches of government. This autonomy is vital for maintaining the rule of law and protecting citizens’ rights. The appointment process, security of tenure, and financial independence contribute to this autonomy.
Recent Developments
The most recent High Court established in India is the Andhra Pradesh High Court, inaugurated on 1st January 2019. This reflects ongoing efforts to improve access to justice across the country.
Challenges Faced by High Courts
High Courts face several challenges, including:
- Case Backlog: Many High Courts struggle with a large number of pending cases, leading to delays in justice.
- Resource Constraints: Limited resources can affect the efficiency of court operations.
- Judicial Appointments: Delays in the appointment of judges can exacerbate backlogs.
