Establishment and Constitution of High Courts (Articles 214–216)

At a Glance

• What it is The highest court in a state, below the Supreme Court and above subordinate courts
• Articles Articles 214 to 231 in Part VI
• Number 25 high courts at present
• Origin 1862: Calcutta, Bombay and Madras
• Exam link UPSC Prelims, Polity: Higher Judiciary

Where Does It Fit?

This is the eighth topic of the category on the Higher Judiciary. In the single integrated judicial system, the high court operates below the Supreme Court but above the subordinate courts, and occupies the top position in the judicial administration of a state.

History and Structure

The institution of the high court originated in India in 1862, when high courts were set up at Calcutta, Bombay and Madras under the Indian High Courts Act, 1861. A fourth high court was established at Allahabad in 1866. Each province in British India gradually got its own high court, and after 1950 a high court existing in a province became the high court of the corresponding state. The Constitution provides for a high court for each state, but the Seventh 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 territorial jurisdiction of a high court is co-terminus with the territory of the state, and that of a common high court with the territories of the states and Union territory concerned.

At present there are 25 high courts, of which only three have jurisdiction over more than one state. Among the eight Union territories, only Delhi has a separate high court (since 1966); Jammu and Kashmir and Ladakh have a common high court; the others fall under state high courts. Parliament can extend the jurisdiction of a high court to any Union territory or exclude it. The number grew from 18 to 21 with the creation of three new states in 2000, to 24 with separate high courts for Manipur, Meghalaya and Tripura in 2013, and to 25 with a separate high court for Andhra Pradesh in 2019.

Independence of the High Court

The Constitution makes provisions to protect the independence of the high courts. Judges are appointed in consultation with the judiciary itself, which curtails the executive’s absolute discretion. They have security of tenure and can be removed only in the manner and on the grounds in the Constitution, not at the pleasure of the President. Their service conditions cannot be changed to their disadvantage. The salaries and allowances of judges, the staff and the administrative expenses are charged on the Consolidated Fund of the state and so are not voted by the state legislature, while the pension of a judge is charged on the Consolidated Fund of India. Their conduct cannot be discussed in Parliament or a state legislature except on an impeachment motion. Retired permanent judges cannot plead before any court or authority in India except the Supreme Court and other high courts. The chief justice appoints the staff of the high court, and its constitutional jurisdiction cannot be curtailed by Parliament or the state legislature.

Composition

Every high court consists of a chief justice and such other judges as the President may from time to time deem necessary to appoint. The Constitution does not specify the strength of a high court and leaves it to the President, who determines it from time to time depending on the workload. Articles 214 to 231 in Part VI deal with the organisation, independence, jurisdiction, powers and procedures of the high courts, and Article 215 makes every high court a court of record.

The 25 High Courts

Why Is This Topic Important?

• Table recall Seats, benches and jurisdictions are asked
• Common high courts Three high courts serve more than one state
• Evolution Dates of establishment

What Came Next?

The next topic covers the appointment and conditions of office of High Court judges.

Key People and Terms

• Co-terminus Same territory
• Common high court One court for several states
• Letters Patent Charter establishing a court
• Court of record Article 215
• Bench Seat or group of judges

Exam Corner

Mains Angle

Questions on this topic usually ask about the structure of the state judiciary. Use these points to add depth.

• Apex of the state judiciary Above subordinate courts
• Common high courts Flexibility under the 7th Amendment
• President fixes strength Depends on workload
• Growth New states led to new high courts