High Courts & Subordinate Courts

1. Establishment & Composition (Arts 214–216)

1.1 Establishment (Art. 214)

Art. 214 provides that every state shall have a High Court. Parliament may by law establish a common High Court for two or more states (or a state and a Union Territory) under Art. 231. Currently India has 25 High Courts.

• High Courts are courts of record (Art. 215) — their judgments have evidentiary value and they can punish for contempt of court.
• The principal seat of each HC is fixed; Parliament can establish benches at other locations within the state.
• HC judges can also sit at places other than the principal seat — Circuit Benches.

1.2 Composition (Art. 216)

Every High Court shall consist of a Chief Justice and such other judges as the President may, from time to time, deem it necessary to appoint. The Constitution does not prescribe a fixed numerical strength — unlike the SC where there is a statutory ceiling. Strength is determined by the workload and is expanded by Presidential order on collegium recommendation.

2. Appointment & Qualifications (Art. 217)

2.1 Appointment (Art. 217(1))

Every HC judge (including Chief Justice) is appointed by the President by warrant under his hand and seal, after consultation with:

1. The Chief Justice of India (CJI)
2. The Governor of the state
3. The Chief Justice of the High Court concerned (except when appointing the CJ of that HC)

In practice, the collegium system operates: the Supreme Court collegium (CJI + 2 senior-most SC judges for HC appointments) recommends names; the state collegium (HC CJ + 2 senior-most HC judges) also participates. The President is bound by the collegium's recommendation (Second Judges Case 1993, Third Judges Case 1998).

2.2 Qualifications (Art. 217(2))

A person is eligible for appointment as HC judge if they:

• Are a citizen of India, AND
• Have been a judge of a High Court (including a common HC) for at least 10 years, OR
• Have been an Advocate of a High Court for at least 10 years

2.3 Appointment of HC Chief Justice

The Chief Justice of a High Court is appointed by the President on the recommendation of the CJI and the Governor. By convention, the senior-most judge of that HC is appointed as its CJ (seniority principle). However, this convention has been broken at times, leading to controversy.

3. Tenure, Removal & Transfer

3.1 Tenure — Retirement at Age 62

An HC judge holds office until they attain the age of 62 years (Art. 217(1)). They may resign by writing to the President. The President determines questions relating to the age of a judge after consulting the CJI (Art. 217(3)).

SC judges retire at 65 — a difference of 3 years. This age difference means many retired HC judges are eligible for elevation to the SC or for appointment to tribunals.

3.2 Removal (Art. 217(1) proviso)

An HC judge can be removed only by impeachment — same process as SC judges under Art. 124(4):

• An address by each House of Parliament supported by a special majority (majority of total membership + 2/3 of members present and voting) must be presented to the President.
• Grounds: proved misbehaviour or incapacity.
• The Judges (Inquiry) Act 1968 prescribes the procedure — a three-member committee (1 SC judge, 1 HC CJ, 1 distinguished jurist) investigates.
• A judge may also be removed by the President on grounds of incapacity after inquiry by the SC.

3.3 Transfer of HC Judges (Art. 222)

The President can transfer a HC judge (including the Chief Justice) from one HC to another after consultation with the CJI. The judge is entitled to a compensatory allowance in addition to their salary.

• This is a contentious provision — transfers have at times been used as a form of punitive transfer against judges who gave inconvenient judgments.
• Supreme Court held in Union of India v. Sankalchand Seth (1977): transfer must be in public interest, not punitive; CJI's opinion is primacy.
• Post-collegium system: transfers are now processed through the SC collegium — providing a safeguard against executive misuse.

4. Independence Safeguards

The Constitution provides several safeguards to ensure the independence of HC judges:

5. Jurisdiction of High Courts — 5 Types

5.1 Original Jurisdiction

The HC has original jurisdiction in matters relating to:

• Revenue cases — disputes relating to land revenue and related matters.
• Company Law — winding up of companies under the Companies Act (though NCLT now handles most company matters).
• Matrimonial cases — divorce and matrimonial disputes in HCs of the Presidency towns (Calcutta, Bombay, Madras — the original "Charter HCs").
• Admiralty cases — maritime disputes (Calcutta, Bombay, Madras HCs).
• Election petitions (challenging election of MPs and MLAs) — filed directly in HC.

5.2 Appellate Jurisdiction

The HC is the principal appellate court for the state — appeals lie from:

• District Courts (civil and criminal)
• Sessions Courts in criminal matters
• Revenue courts in certain states
• Letters Patent Appeals — from single-judge HC bench to a Division Bench (in Charter HCs like Calcutta, Bombay, Madras)

5.3 Power of Judicial Review

HC can declare both state and central laws unconstitutional if they violate the Constitution. An HC can also declare a constitutional amendment unconstitutional if it violates the Basic Structure (though this is primarily a SC function).

6. Art. 226 — Writ Jurisdiction (Deep Dive)

6.1 Scope of Art. 226

Art. 226 empowers every HC to issue writs (including Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari) to any person or authority within its territorial jurisdiction:

• For enforcement of any of the rights conferred by Part III (Fundamental Rights), AND
• For any other purpose — i.e., for enforcement of any legal right, not just fundamental rights.

6.2 Important Features of Art. 226

• Discretionary nature: Unlike Art. 32 (which is a fundamental right itself — SC cannot refuse), Art. 226 is a discretionary power. HC can refuse to exercise writ jurisdiction if there are alternative remedies, if the petition is moot, or on other equitable grounds.
• Territorial jurisdiction: HC can issue writs against persons/authorities within its territorial jurisdiction. If the cause of action arises partly within the HC's jurisdiction, the HC can entertain the petition even if the authority is located elsewhere.
• No suspension: Art. 226 cannot be suspended even during an Emergency under Art. 359 (which suspends Art. 32). This was made clear by the 44th Amendment 1978.
• Relationship with Art. 32: Both operate concurrently for Fundamental Rights enforcement. SC held in Romesh Thappar v. State of Madras (1950) that Art. 32 is a fundamental right and cannot be curtailed. But Art. 226 is a constitutional right, not a fundamental right.

7. Art. 227 — Supervisory Jurisdiction

7.1 Scope of Art. 227

Art. 227 confers on every HC the power of superintendence over all courts and tribunals throughout its territorial jurisdiction (except any court or tribunal constituted by or under any law relating to the Armed Forces).

This is an administrative and judicial supervisory power — the HC is the constitutional guardian of the subordinate judiciary.

7.2 Powers under Art. 227

• Call for returns from subordinate courts
• Make and issue general rules and prescribe forms for regulating the practice and proceedings of subordinate courts
• Prescribe forms for books, entries, and accounts to be kept by officers of such courts
• Settle a fee to be charged by the officers attached to subordinate courts
• Examine court records and give directions

7.3 Art. 227 vs Art. 226 — Key Differences

8. Indian Judicial System Hierarchy & Common High Courts

8.1 Common High Courts (Art. 231)

Parliament may establish a common HC for two or more states or for a state and a Union Territory. Current common HCs:

9. Subordinate Courts — Arts 233–237

9.1 District Judges (Art. 233)

Art. 233 deals with the appointment, posting, and promotion of District Judges:

• Appointments and posting of District Judges by the Governor of the state in consultation with the HC.
• A person not already in judicial service of the state — appointed District Judge on recommendation of HC.
• A person already in judicial service — promoted to District Judge by Governor in consultation with HC.

9.2 Other Judicial Officers (Art. 234)

Persons (other than District Judges) appointed to the judicial service of a state are appointed by the Governor in accordance with rules made after consultation with the State Public Service Commission and the HC.

9.3 Control by HC (Art. 235)

The control over district courts and courts subordinate thereto (other than the District Judges themselves) is vested in the High Court. This includes:

• Posting and promotion of judicial officers (below District Judge level)
• Grant of leave to judicial officers
• General superintendence (supplemented by Art. 227)

9.4 Definition of District Judge (Art. 236)

Art. 236 defines "District Judge" to include City Civil Court Judge, Additional Sessions Judge, Joint District Judge, Assistant District Judge, Chief Judge of Small Causes Court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge. This is an inclusive and broad definition.

9.5 Application to UTs (Art. 237)

The President may, by public notification, direct that the provisions of Arts 233–236 shall apply to any Union Territory as if it were a state, subject to such exceptions and modifications as specified.

10. Structure of Subordinate Courts

10.1 Civil Court Hierarchy

10.2 Criminal Court Hierarchy

10.3 Family Courts (Family Courts Act 1984)

Established for speedy settlement of matrimonial disputes, maintenance, custody of children, and related matters.

• Set up by the state government with the concurrence of the HC.
• Mandatory in cities/towns with population over 1 million; discretionary in other areas.
• Informal proceedings; emphasis on counselling and conciliation.
• Appeals from Family Court lie to the HC.

11. Lok Adalats & Gram Nyayalayas — Alternative Dispute Resolution

11.1 Lok Adalats (Legal Services Authorities Act 1987)

Lok Adalats are forums for Alternative Dispute Resolution (ADR) based on the Gandhian principle of conciliation. Key features:

• No court fee — if the case is settled through Lok Adalat, the court fee already paid is refunded.
• No strict procedure — parties negotiate directly; no rigid rules of evidence or civil procedure.
• Award is a decree: The award passed by a Lok Adalat is deemed to be a decree of a civil court under the CPC — final and binding on both parties.
• No appeal lies against a Lok Adalat award to any court (except by filing a fresh original petition — but not an appeal against the award).
• Covers both pre-litigation and pending matters.
• Organised by State Legal Services Authorities, District Legal Services Authorities, etc.

Types of Lok Adalats

11.2 Gram Nyayalayas (Gram Nyayalayas Act 2008)

Gram Nyayalayas are mobile courts at the village level — aimed at bringing justice to the grassroots.

• Established by the state government in consultation with the HC for every Panchayat at intermediate level (or a group of Panchayats).
• Presided over by a Nyayadhikari — a person who is, or is eligible to be, appointed as a First Class Judicial Magistrate.
• Mobile courts — can travel within their jurisdiction to take justice to remote areas.
• Jurisdiction: Both civil and criminal matters at the grassroots level (as specified in the First and Second Schedules of the Act).
• Must try to settle disputes through conciliation first; use of ADR techniques encouraged.
• Located at the intermediate Panchayat level — below the District Court, above the village level.
• Appeals from Gram Nyayalayas lie to the District Court.

12. Supreme Court vs High Court — Comparison

12.1 Detailed Comparison Table

13. Prelims PYQs

14. Mains PYQs

15. 15-Minute Revision Box