The High Court
“The High Court is the highest court at the state level in the Indian judicial system.”
Constitutional Provisions
- Articles 214 to 231 of the Indian Constitution deal with the High Courts.
- Every state has a High Court. Some High Courts serve more than one state or Union Territory.
- Established under **Part VI, Chapter V** of the Constitution.
Composition of High Court
- Consists of a **Chief Justice** and other judges as appointed by the President of India.
- Number of judges varies from court to court.
Qualification of High Court Judges
- Must be a citizen of India.
- Held a judicial office in India for at least **10 years**, or
- Advocate in one or more High Courts for at least **10 years**.
Tenure and Removal
- Retirement age: **62 years**.
- Can resign by writing to the President.
- Can be removed only by **impeachment** (same process as Supreme Court Judges).
Jurisdiction of High Court
- Original Jurisdiction: Matters related to fundamental rights, wills, divorce, marriage, etc.
- Writ Jurisdiction: Under Article 226, can issue writs for enforcement of rights.
- Appellate Jurisdiction: Hears appeals from lower courts (civil and criminal).
- Supervisory Jurisdiction: Supervises functioning of lower courts and tribunals in the state.
Important Articles Related to High Court
- Article 214: Establishment of High Court
- Article 215: High Court to be a Court of Record
- Article 216: Constitution of High Court
- Article 217: Appointment and tenure of Judges
- Article 226: Power to issue writs
- Article 227: Power of superintendence over all courts
- Article 231: Establishment of common High Court for two or more states
Writs under Article 226
- Habeas Corpus – To release a person unlawfully detained
- Mandamus – To command a public official to perform duty
- Prohibition – To stop a lower court from exceeding jurisdiction
- Certiorari – To quash the order of a lower court
- Quo-Warranto – To question a person’s authority to hold public office
Previous Year Questions
- HSSC 2021: What is the retirement age of High Court Judges?
- 62 years
- SSC CGL 2020: Which Article empowers High Court to issue writs?
- Article 226
- RRB NTPC 2019: Who appoints the Judges of the High Court?
- President of India
Did You Know? The **Calcutta High Court** is the oldest High Court in India, established in **1862**.
Conclusion
The High Court plays a vital role in maintaining justice at the state level. It ensures that laws are followed, rights are protected, and lower courts function within their limits.