High Courts in India: Establishment, Jurisdiction, Powers, and Structure

The High Court of a State stands as the highest judicial authority within that specific state framework, with all other subordinate courts operating directly under its supervision. While normally structured with one High Court per state, Article 231 of the Indian Constitution permits a single High Court to govern two or more states concurrently. Currently, there are 25 High Courts operating across the nation.

Historical Evolution and Chartered High Courts

The foundation of the modern High Court system dates back to the colonial era. The Calcutta High Court, established in 1862, holds the distinction of being the oldest High Court in India. Following its inception, the Bombay and Madras High Courts were also established in the same year, 1862. Together with Calcutta, these three are recognized as the historical Chartered High Courts in India. Furthermore, legal reporting advanced significantly when the Madras High Court published the Madras Law Journal in 1891, making it the first journal in India dedicated entirely to reporting court judgements.

In terms of recent structural updates, the newest additions to the judicial map are the Telangana Court and the Andhra Pradesh High Court, both of which were established in 2019.

Composition, Appointments, Qualifications, and Tenure

Every High Court is composed of a Chief Justice and a variable number of other judges whose exact strengths are defined by the President of India.

Appointment Process

The Chief Justice of a High Court is appointed directly by the President of India after consulting with the Chief Justice of the Supreme Court and the Governor of the respective state. Meanwhile, additional High Court judges are appointed by the President in consultation with the Governor and the Chief Justice of that specific High Court.

Eligibility and Qualifications

To be considered eligible for a judgeship, an individual must be a citizen of India and fulfill one of two core professional criteria: having served as an advocate in one or more High Courts for at least 10 years, or having held a judicial office within the Indian subordinate court system for a minimum of 10 years.

Tenure, Removal, and Salaries

Originally, the retirement age for High Court judges was set at 60, but it was raised to 62 in 1963 via the 15th Constitutional Amendment. A judge may vacate their position by submitting a formal resignation letter directly to the President, or through elevation to the Supreme Court or transfer to another High Court. The removal of a High Court judge is a rigorous process, requiring a motion passed by both Houses of Parliament with an absolute majority and a two-thirds majority of members present and voting in separate sessions.

In terms of compensation, the monthly salary of the Chief Justice of a High Court is ₹280,000, while other High Court judges receive a monthly salary of ₹250,000.

Powers and Functions of the High Court

High Courts possess extensive administrative, original, appellate, and supervisory powers. Legal practitioners and candidates reviewing these authorities should note the core operational functions:

• Writ Jurisdiction: Issuing writs including habeas corpus, mandamus, prohibition, quo-warranto, and certiorari to enforce Fundamental Rights or for other legal purposes.
• Power of Superintendence: Maintaining supervisory authority over all courts and tribunals within its territorial jurisdiction.
• Power to Transfer Cases: Withdrawing cases involving substantial constitutional interpretations from subordinate courts to dispose of them or resolve questions of law.
• Advisory Role in Judicial Appointments: Providing consultations to the Governor regarding the appointment, posting, and promotion of District Judges and other state judicial service members.
• Control over Subordinate Courts: Exercising administrative control over district and subordinate courts, including disciplinary matters, leaves, and promotions for officials below the rank of District Judge.
• Appellate and Original Jurisdiction: Possessing original and appellate powers in civil and criminal matters as defined by procedural codes and Letters Patent.

List of High Courts in India

The following table provides an overview of operational High Courts, their establishment years, territorial jurisdictions, and official seats: