High Courts

Introduction & Origin

• The institution of the High Court in India began in 1862 with the establishment of the High Courts at Calcutta, Bombay, and Madras. Allahabad’s High Court was established in 1866.​

• During British rule, each province eventually came to have its own High Court.

• After the commencement of the Constitution in 1950, all pre-existing provincial High Courts became the High Courts for the respective states.

• The Constitution provides for a High Court for each state. Through the Seventh Amendment Act (1956), Parliament can establish a common High Court for two or more states or for states and a union territory.

• The territorial jurisdiction of a High Court is co-terminus with its state. For common High Courts, it covers all states/UTs under its jurisdiction.

Present Situation of High Courts

• There are 25 High Courts in India (updated from 24).​

• NCT Delhi and Jammu and Kashmir are the only union territory with its own High Court.

• Six High Courts serve multiple states/UTs.​  

• 1. Bombay High Court – Jurisdiction over Maharashtra, Goa, and the Union Territories of Dadra & Nagar Haveli and Daman & Diu. 2. Calcutta High Court – Jurisdiction over West Bengal and the Union Territory of Andaman & Nicobar Islands. 3. Guwahati High Court – Jurisdiction over Assam, Nagaland, Mizoram, and Arunachal Pradesh. 4. Kerala High Court – Jurisdiction over Kerala and the Union Territory of Lakshadweep. 5. Punjab and Haryana High Court – Jurisdiction over Punjab, Haryana, and the Union Territory of Chandigarh. 6. Jammu & Kashmir and Ladakh High Court – Jurisdiction over both Union Territories of Jammu & Kashmir and Ladakh.

• Parliament can expand/exclude the jurisdiction of any High Court in relation to union territories.

• Total sanctioned strength: 1,122 judges across all High Courts, with 847 permanent judges and 275 additional judges.​

• Current vacancy rate: approximately 26.20% (294 vacant positions as of October 2025).​

Constitutional Provisions

• Part VI, Articles 214-231: Deal with organization, independence, jurisdiction, powers, and procedures of the High Courts.

Organisation of High Court

1. Composition

• Each High Court consists of a Chief Justice and other judges as deemed necessary by the President.

• The President determines the strength of judges in each High Court based on its workload.

• Allahabad High Court has the largest sanctioned strength (160 judges), while Sikkim High Court has the smallest (3 judges).​

2. Appointment of Judges

• Judges appointed by the President.

• Chief Justice: Appointment done after consultation with Chief Justice of India and the Governor of the state.

• Other Judges: Consultation with Chief Justice of the concerned High Court also required.

• For common High Courts, consultations extend to the Governors of all concerned states.

Collegium System

• Second Judges Case (1993): Appointments must conform to the opinion of Chief Justice of India.

• Third Judges Case (1998): Chief Justice of India must consult a collegium of two senior-most Supreme Court judges for appointments.

3. Qualifications

• Must be an Indian citizen.

• Must have served:
  a) as a judicial officer in India for 10 years, OR
  b) as an advocate in a High Court(s) for 10 years.

• No minimum age or provision for the appointment of distinguished jurists.

4. Oath or Affirmation

• Judges must take an oath before the Governor or an appointed person, swearing:

  • True faith and allegiance to the Constitution.

  • To uphold India’s sovereignty and integrity.

  • Perform duties faithfully, without fear/favour/ill-will.

  • Uphold the Constitution and the laws.

5. Tenure of Judges

• No fixed tenure.

• Subject to various constitutional provisions:

  1. Hold office till age of 62 (confirmed as current retirement age).​

  2. Can resign (addressed to the President).

  3. Can be removed by the President upon Parliamentary recommendation.

  4. Office vacated if appointed to Supreme Court or transferred.

6. Removal of Judges (Impeachment)

• Removal by President after address by Parliament’s both houses, with special majority, for proved misbehavior or incapacity.

• The Judges Enquiry Act (1968):

  • Motion signed by 100 LS or 50 RS members.

  • Speaker/Chairman may admit/refuse the motion.

  • Committee (3 members: Supreme Court judge/Chief Justice, one HC Chief Justice, one distinguished jurist) investigates.

  • Parliament votes; if passed, President removes judge.

• No High Court judge has been impeached so far.

7. Salaries & Allowances (Updated 2025)

Current salary structure based on 7th Pay Commission recommendations:​

• Chief Justice of High Court: ₹2,50,000 per month (₹15,00,000 annually + Dearness Relief = approximately ₹20,00,000 total)​

• High Court Judge: ₹2,25,000 per month (₹13,50,000 annually + Dearness Relief = approximately ₹20,00,000 total)​

• Other allowances: accommodation, medical, car, telephone, etc.

• Pension: 50% of last salary for retired judges

8. Transfer of Judges

• President may transfer judges between High Courts after consulting Chief Justice of India.

• Transferred judge receives compensatory allowance.

• Transfer is used only exceptionally and in public interest, not as punishment.

• The transferred judge alone can challenge the transfer (judicial review applies).

• Collegium (Third Judges Case): Consultation with four senior Supreme Court judges plus Chief Justices of sender and receiver High Courts.

9. Acting Chief Justice

• Appointed by President when:

  1. Chief Justice’s office is vacant.

  2. Chief Justice is temporarily absent.

  3. Chief Justice unable to perform duties.

10. Additional & Acting Judges

• Additional judges: appointed for up to two years to deal with temporary case load increase or arrears.

• Acting judges: appointed when a regular judge is absent or acting as Chief Justice.

• Both cannot serve beyond age 62.

11. Retired Judges

• With consent from President and judge, the Chief Justice can request retired judges of any High Court to act temporarily.

• They enjoy all powers, allowances, and privileges but are not considered permanent judges.

Independence of High Court

Constitutional provisions safeguarding independence:

1. Mode of Appointment: Appointed by President after judicial consultation, limiting executive control.

2. Security of Tenure: Can only be removed through constitutional impeachment process; are not officeholders “at the pleasure” of the President.

3. Fixed Service Conditions: Service terms protected against disadvantage during tenure.

4. Charged Expenses: Salaries and administrative expenses are charged on state’s consolidated fund (non-votable); pensions on India’s consolidated fund.

5. Conduct cannot be Discussed: Except for impeachment, conduct of High Court judges cannot be discussed in Parliament or State Legislature.

6. Ban on Practice: Retired judges cannot practice in any court except Supreme Court and other High Courts.

7. Power to Punish for Contempt: Can punish for contempt to maintain dignity.

8. Freedom to Appoint Staff: Chief Justice has authority to appoint/officiate High Court staff.

9. Jurisdiction Not Curtailed: Constitutional jurisdiction/powers cannot be reduced by Parliament or State Legislature.

10. Separation from Executive: States are directed to ensure judiciary is separate from the executive in public services; executive authorities hold no judicial powers.

Jurisdiction and Powers of High Court

High Courts are the highest appeal courts within states, protect Fundamental Rights, interpret the Constitution, possess supervisory and consultative powers. Main types of jurisdiction and powers:

1. Original Jurisdiction

• Hear cases as a court of first instance:

  • Admiralty, wills, marriage/divorce, company law, contempt.

  • Election disputes (Parliament/State Legislature).

  • Revenue-related matters.

  • Enforcement of citizens’ Fundamental Rights.

  • Cases involving constitutional interpretation transferred from subordinate courts.

  • Calcutta, Bombay, Madras, and Delhi HCs have original civil jurisdiction in high-value cases.

2. Writ Jurisdiction

• Article 226 empowers High Courts to issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) for enforcement of Fundamental Rights and other legal rights.

• Writs can be issued within/outside territorial jurisdiction if cause arises within it.

• High Courts’ writ jurisdiction is concurrent and broader than Supreme Court’s.

• Chandra Kumar Case (1997): Writ jurisdiction forms part of basic structure and cannot be ousted by constitutional amendment.

3. Appellate Jurisdiction

• Appeals against decisions of subordinate courts, both civil and criminal matters.

• Civil:

  • First appeal: from district courts/additional district courts, etc.—on law and fact if amount exceeds certain threshold.

  • Second appeal: on questions of law only.

  • Intra-court appeals (Calcutta, Bombay, Madras HCs): Single judge’s decision appealable within same HC.

  • Appeals from administrative/tribunal decisions lie with state High Court division bench.

• Criminal:

  • Appeals from Sessions/Additional Sessions Court (detailed sentences/death need HC confirmation).

  • Appeals from Assistant Sessions Judge, Metropolitan Magistrate, or other specified judicial magistrates.

4. Supervisory Jurisdiction

• Superintendence over all subordinate courts and tribunals (except military courts).

• Can call for returns, issue rules, regulate procedures, prescribe forms, set legal fees.

• Covers administrative and judicial supervision.

• Used only in exceptional cases (excess jurisdiction, error of law, violation of natural justice, manifest injustice).

5. Control Over Subordinate Courts

• High Court’s administrative control includes:

  • Consultation for the appointment, posting, promotion of district judges.

  • Deals with appointments, transfers, leave, discipline for judicial service members (other than district judges).

  • May withdraw cases involving substantial constitutional questions from subordinate courts.

  • Its laws are binding within jurisdiction (as Supreme Court’s laws nationwide).

6. A Court of Record

• Judgments, proceedings, acts are documented for permanent record—used as legal precedents and cannot be questioned by subordinate courts.

• Power to punish for contempt (civil or criminal), under Contempt of Court Act (1971).

• Also has power to review/correct its own judgments/orders, despite lack of explicit constitutional provision (unlike Supreme Court).

7. Power of Judicial Review

• May review constitutionality of legislative acts/executive orders of central/state governments.

• If found unconstitutional (ultra vires), may declare them illegal, invalid, and unenforceable.

• Grounds for judicial review:

  • Violates Fundamental Rights (Part III).

  • Authority issuing is not competent.

  • Repugnant to constitutional provisions.

• The doctrine is inherent in Articles 13 and 226.

• Judicial review power was curtailed by the 42nd Amendment Act (1976), which restricted HC review over central laws.

Summary Table: Key Features of High Courts (Updated 2025)

CONSTITUTION