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High Courts in India

Freny Babaria

Updated on 24th May, 2024 , 4 min read

High Courts in India

The High Court is the highest judicial authority within a state. As per Article 214 of the Indian Constitution, each state must have a High Court. Additionally, Article 231 provides that a common High Court can be established for two or more states or for multiple states and a union territory. UPSC exam aspirants should be aware of the number of High Courts in India.

 

India has 25 High Courts, with six of them exercising jurisdiction over more than one state or union territory. Delhi is the only union territory with its own High Court. Each High Court is composed of a Chief Justice and other judges appointed by the President of India.

 

List of Total Number of High Courts in India

There are 25 High Courts in India. The list is provided below:

List of High Courts in India

Year

Name

Territorial Jurisdiction

Seat & Bench

1862

Bombay

Maharashtra

Dadra & Nagar Haveli and Daman Diu

Goa

Seat: Mumbai

Bench: Panaji, Aurangabad, and Nagpur

1862

Kolkata

West Bengal

Andaman & Nicobar islands

Seat: Kolkata

Bench: Port Blair

1862

Madras

Tamil Nadu

Pondicherry

Seat: Chennai

Bench: Madurai

1866

Allahabad

Uttar Pradesh

Seat: Allahabad

Bench: Lucknow

1884

Karnataka

Karnataka

Seat: Bengaluru

Bench: Dharwad and Gulbarga

1916

Patna

Bihar

Patna

1948

Guwahati

Assam

Nagaland

Mizoram

Arunachal Pradesh

Seat: Guwahati

Bench: Kohima, Aizawl, and Itanagar

1949

Odisha

Odisha

Cuttack

1949

Rajasthan

Rajasthan

Seat: Jodhpur

Bench: Jaipur

1956

Madhya Pradesh

Madhya Pradesh

Seat: Jabalpur

Bench: Gwalior and Indore

1958

Kerala

Kerala & Lakshadweep

Ernakulam

1960

Gujarat

Gujarat

Ahmedabad

1966

Delhi

Delhi

Delhi

1971

Himachal Pradesh

Himachal Pradesh

Shimla

1975

Punjab & Haryana

Punjab, Haryana & Chandigarh

Chandigarh

1975

Sikkim

Sikkim

Gangtok

2000

Chattisgarh

Chattisgarh

Bilaspur

2000

Uttarakhand

Uttarakhand

Nainital

2000

Jharkhand

Jharkhand

Ranchi

2013

Tripura

Tripura

Agartala

2013

Manipur

Manipur

Imphal

2013

Meghalaya

Meghalaya

Shillong

2019

Telangana

Telangana

Hyderabad

2019

Andhra Pradesh

Andhra Pradesh

Amravati

2019

Jammu & Kashmir and Ladakh

(Note: The Jammu & Kashmir High Court was established in 1928. After the bifurcation of Jammu & Kashmir into two union territories, there is now a common high court for both territories.)

Jammu and Kashmir

Ladakh

–

High Courts in India

Composition of the High Court

Each High Court consists of a Chief Justice and other judges appointed by the President. There is no set minimum number of judges for High Courts; the number varies depending on the specific court and state.

 

Qualifications and Tenure

A person is eligible for appointment as a Judge of the High Court if they meet the following criteria:

 

- They are a citizen of India.

- They have held a judicial office in the territory of India for at least ten years.

- They have been an advocate of one or more High Courts for at least ten years.

Important Terms related to High Courts in India:

  • Tribunal: A tribunal refers to any body acting in a judicial capacity, regardless of whether it is officially termed a tribunal. For instance, an advocate appearing before a single-judge court might refer to the judge as 'their tribunal'.
  • Permanent Bench: A permanent bench consists of one or more High Court judges who sit throughout the year at a specific location different from the High Court's main seat.
  • Circuit Bench: A circuit bench serves areas that are remote and do not have enough cases to warrant a permanent bench. Judges travel to these areas once or twice a year to handle all High Court appeals from that jurisdiction.
  • Division Bench: In a division bench, a case is heard and decided by at least two judges.

Functions of the High Court

The functions of the High Court are detailed in the following section, covering aspects such as its jurisdiction, powers, and roles.

High Court Jurisdiction

The jurisdiction of the High Court encompasses various areas, briefly outlined below:

Original Jurisdiction

  • The High Courts of Calcutta, Bombay, and Madras have original jurisdiction over criminal and civil cases arising within their respective cities.
  • These High Courts have the exclusive right to hear civil cases involving property valued over Rs. 20,000.
  • Regarding Fundamental Rights: They have the authority to issue writs to enforce fundamental rights.
  • In Other Matters: All High Courts have original jurisdiction over cases related to wills, divorce, contempt of court, and admiralty.
  • High Courts can hear election petitions.

Appellate Jurisdiction

  • In Civil Cases: Appeals can be made to the High Court against decisions of the district court.
  • Appeals can also be made directly from subordinate courts if the dispute involves a value exceeding Rs. 5,000 or presents a question of fact or law.
  • In Criminal Cases: This includes cases decided by Sessions and Additional Sessions Judges.
    • If the sessions judge has awarded imprisonment for 7 years or more.
    • If the sessions judge has awarded capital punishment.
  • The High Court's jurisdiction covers all cases under state or federal laws.
  • In Constitutional Cases: The High Court can certify that a case involves a substantial question of law.

High Court Powers

Beyond jurisdiction, High Courts possess several functions and powers:

As a Court of Record

  • High Courts, like the Supreme Court, are Courts of Record.
  • Judgments from High Courts can be used by subordinate courts in deciding cases.
  • High Courts can punish for contempt of court by any person or institution.

Administrative Powers

  • They oversee and control all subordinate courts.
  • They can request details of proceedings from subordinate courts.
  • They issue rules governing the operations of subordinate courts.
  • They can transfer cases from one court to another or to themselves for decision.
  • They can review records and related documents from any subordinate court.
  • They can appoint administrative staff and determine their salaries, allowances, and service conditions.

Power of Judicial Review

  • High Courts have the power of judicial review and can declare any law or ordinance unconstitutional if it conflicts with the Indian Constitution.

Power of Certification

  • Only a High Court can certify cases as fit for appeal to the Supreme Court.

High Court Autonomy

The independence of the High Courts is supported by the following points:

Appointment of Judges: The judiciary itself is responsible for appointing High Court judges, with no involvement from the legislature or the executive branch.

Tenure of the Judges: High Court judges have secure tenure until they reach the retirement age of 62. They cannot be removed from office except by an address from the President.

Salaries and Allowances: High Court judges receive substantial salaries, perks, and allowances that cannot be altered to their disadvantage, except during a financial emergency. The expenses of the High Courts are charged to the Consolidated Fund of the State and are not subject to legislative approval.

Powers: The Parliament and state legislature cannot reduce the powers and jurisdiction of the High Court as guaranteed by the Constitution.

Conduct of Judges: The conduct of High Court judges cannot be discussed in Parliament unless an impeachment motion has been initiated.

Retirement: High Court judges are prohibited from holding any remunerative office under the Government of India or any state after retirement. However, with the consent of the Chief Justice of India, exceptions can be made.

Image Courtesy: Adda 24/7 Current Affairs

 

Frequently Asked Questions

Which High Courts have jurisdiction over multiple states or Union Territories?

- The Bombay High Court has authority over Maharashtra, Dadar and Nagar Haveli, Daman, Diu, and Goa. - The Kolkata High Court governs West Bengal and the Andaman & Nicobar Islands. - The Madras High Court oversees Tamil Nadu and Pondicherry. - The Guwahati High Court covers Assam, Nagaland, Mizoram, and Arunachal Pradesh. - The Kerala High Court is responsible for Kerala and the Lakshadweep Islands. - The Punjab & Haryana High Court has jurisdiction over Punjab, Haryana, and Chandigarh.

Which states in India share a common High Court?

Punjab and Haryana share a common High Court located in Chandigarh. Similarly, the North-Eastern states of Assam, Mizoram, Nagaland, and Arunachal Pradesh share the same High Court situated in Guwahati.

How many High Courts are there in India?

As of December 18, 2020, there are 25 High Courts in India. Together with the Supreme Court of India, these High Courts constitute India's Judicial System. Each High Court's jurisdiction extends over a state, a Union Territory, or a group of states and Union Territories.

What is the first Justice City in India?

Andhra Pradesh is constructing India's first Justice City in its capital, Amaravati. This initiative aims to create a world-class ecosystem, leveraging new technologies to support the state's Judicial System.

Which High Court is the smallest in India?

The Sikkim High Court, established in 1975, is the smallest High Court in India with a sanctioned court strength of 3 judges. Its establishment requires the President's approval, in consultation with the Chief Justice of India and the respective state's Governor. The court is located in Gangtok, the administrative capital of Sikkim.

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