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.

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