- Position & Structure: Each State has a High Court; Parliament may create a common High Court for two or more States/UTs. India has 25 High Courts; only Delhi among UTs has its own High Court.
- Composition: Each High Court consists of a Chief Justice and other Judges, including additional judges (temporary) and acting judges appointed by the President.
- Qualifications: A judge must be an Indian citizen, below 62 years, and either have 10 years’ judicial experience or 10 years’ practice as an advocate in a High Court.
- Appointment: Judges are appointed by the President, in consultation with the Chief Justice of India, Governor of the State, and Chief Justice of the concerned High Court.
- Independence & Security: Judges enjoy security of tenure, fixed salaries charged on the Consolidated Fund, and cannot be removed except by impeachment for proved misbehaviour or incapacity.
- Transfer & Service Conditions: Judges may be transferred by the President after due consultation; salaries cannot be reduced (except during Financial Emergency), and judges receive pension after retirement.
- Restrictions after Retirement: Retired High Court judges may practise only in the Supreme Court or other High Courts, but not in the High Court where they served.
Key Points
Key Points: The High Courts
Key Points: Powers and Jurisdiction of High Court
- Territorial & Original Jurisdiction: A High Court’s jurisdiction extends over its State/UT(s). It has original jurisdiction in matters of state revenue, wills, marriage, divorce, company law, contempt of court, election petitions, and enforcement of Fundamental Rights through writs.
- Judicial Review & Constitution Interpretation: High Courts can interpret the Constitution and declare state laws, ordinances, or executive orders null and void if they violate the Constitution or Fundamental Rights.
- Appellate Jurisdiction (Civil): Hears appeals from District Courts and tribunals in civil cases, especially land revenue matters or where there is gross injustice or legal error.
- Appellate Jurisdiction (Criminal): Hears appeals against serious criminal judgements, confirms death sentences, and hears appeals against acquittals by Sessions Courts.
- Advisory Jurisdiction: May give legal and constitutional advice to the Governor or government departments when sought (not binding).
- Revisional Jurisdiction: Can call for records of subordinate courts to correct jurisdictional errors, procedural irregularities, or violation of natural justice.
- Court of Record: High Court judgments act as precedents for subordinate courts within the State, and it has the power to punish for contempt of court.
Key Points: Functions of the High Court
- Original Jurisdiction: Settles disputes related to state revenue, wills, marriage, divorce, company law, contempt of court, election petitions, interpretation of the Constitution, and enforcement of Fundamental Rights.
- Appellate Jurisdiction: Hears appeals in civil and criminal cases against the decisions of District and lower courts.
- Enforcement of Fundamental Rights: Issues writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto—to protect citizens’ Fundamental Rights.
- Power of Superintendence: Exercises supervision over all subordinate courts and tribunals (except Armed Forces tribunals) by issuing rules, calling records, and regulating procedures and fees.
- Administrative Control over Judiciary: Controls the subordinate judiciary including posting, promotion, transfer, and recall of District Judges and other judicial officers.
- Judicial Review: Can declare state laws, ordinances, or executive actions null and void if they violate the Constitution or Fundamental Rights.
- Court of Record: Its judgments serve as precedents for subordinate courts, and it has the power to punish for contempt of court.
Key Points: Independence of the High Court
- Security of tenure: Judges remain in office till 62 years and can be removed only by impeachment, not arbitrarily.
- Security of pay and allowances: Salaries and service conditions cannot be reduced during tenure (except during Financial Emergency).
- Control over procedure: High Courts have full control over their own procedures and staff.
- Power to punish for contempt: Can punish anyone for contempt of court, protecting its authority.
- No legislative discussion: State Legislatures cannot discuss the conduct of High Court judges.
- Prohibition after retirement: Judges cannot practise in the same High Court after retirement.
Key Points: Subordinate Court
- Subordinate Courts function at the district level and below; all courts except the Supreme Court and High Courts come under them.
- Each State is divided into districts, and each district works under a District Judge.
- The structure of Subordinate Courts is almost uniform across India.
- Subordinate Courts are broadly divided into Civil Courts, Criminal Courts, and Revenue Courts.
- Civil Courts deal with civil cases like property, contracts, and family disputes.
- Criminal Courts deal with offences and crimes and are headed by Sessions Judges and Magistrates.
- Revenue Courts handle matters related to land revenue and administration.
Key Points: Civil Courts
- Civil Courts deal with civil cases like land, property, money disputes, marriage, divorce, guardianship, arbitration and wills.
- District Judge’s Court is the highest civil court in a district; the same judge acts as Sessions Judge in criminal cases.
- The District Judge also has administrative powers like maintaining law and order and supervising revenue collection.
- Civil Judge’s Court is below the District Judge and tries important civil cases; appeals go to higher courts.
- Munsif (Sub-Judge) Courts deal with small civil cases (up to a fixed money limit); appeals lie to the Civil Judge.
- Small Causes Courts handle petty cases involving small amounts and their decisions are final (no appeal).
- Appeals generally move from lower civil courts → District Court → High Court.
Key Points: Criminal Courts
- Criminal Courts deal with offences like murder, robbery, theft, assault, etc.
- Sessions Court is the highest criminal court in a district and tries serious crimes; only it can award death sentence or life imprisonment (death sentence needs High Court confirmation).
- Chief Judicial / Chief Metropolitan Magistrate tries less serious offences and can award imprisonment up to 7 years.
- First Class Judicial Magistrates handle minor offences and can give up to 3 years’ imprisonment or ₹5,000 fine or both.
- Second Class Judicial Magistrates try very minor cases with punishment up to 2 years’ imprisonment or ₹1,000 fine or both.
- Sessions Judge hears appeals against judgments of Chief Judicial/Metropolitan Magistrates.
- High Court hears appeals against decisions of the Sessions Court.
Key Points: Differences Between Court of the District Judge and Sessions Court
| District Judge Court | Sessions Court |
|---|---|
| Highest civil court | Highest criminal court |
| Civil cases | Criminal cases |
| District Judge | Sessions Judge |
| Has admin role | No admin role |
| Civil appeals | Criminal appeals |
Key Points: Courts of Revenue
- Deal with land records, land revenue and property tax.
- Board of Revenue – Highest revenue court in the State; hears appeals from lower revenue courts.
- Commissioner’s Court – Supervises revenue administration of a division.
- Collector’s Court – Headed by District Collector; hears appeals against Tehsildar.
- Tehsildar’s Court – Collects land revenue; hears appeals from Naib Tehsildar.
- Naib Tehsildar’s Court – Lowest revenue court; assesses land revenue and taxes.
Key Points: Lok Adalats
- Lok Adalat means People’s Court; it is an alternative dispute resolution system for quick and amicable settlement of cases.
- Established under the Legal Services Authorities Act, 1987 (on Justice P. N. Bhagwati’s recommendation) to provide free, speedy and inexpensive justice.
- No court fee is charged and decisions are binding, having the status of a Civil Court decree.
- Settlement is based on mutual consent of both parties; judges act as conciliators, not strict adjudicators.
- Types:
National Lok Adalat (held countrywide on one day),
Permanent Lok Adalat (for public utility services, can decide cases),
Mobile Lok Adalat (travels to remote areas). - Helps in reducing backlog of cases, resolving family disputes, minor offences and civil matters.
- Promotes social justice and legal aid, especially for weaker sections of society.
Key Points: Family Courts
- Set up under Family Courts Act, 1984.
- Deal with marriage and family disputes.
- Aim for speedy and simple justice.
- Initially in cities with population over 10 lakh.
- Now one Family Court in each district.
Important Questions [21]
- Given below are details of Indian citizens. Select the ones who are eligible for appointment as a High Court Judge: Candidate P Q R S Age 65 61 67 56 DetailsIs a distinguished jurist
- State One Other Qualification Required to Become the Judge of the High Court Apart from Indian Citizenship?
- India Has a Single Integrated Judicial System that is Independent and Supreme.(I) Who Appoints the Judges of the High Court ? (Ii) State Any Two Qualifications Required for a Person to Be Appointed
- The Constitution of India provides for a High Court for each State. With reference to the High Courts and Subordinate Courts, answer the following question: Who appoints the judges of the High Court?
- The Constitution of India provides for a High Court for each state. Mention any two qualifications required for a person to be appointed as a judge of a High Court.
- With Reference to the Powers and Functions of the High Court, Explain Briefly the Meaning and Scope of the Following: Its Appellate Jurisdiction
- With Reference to the Powers and Functions of the High Court, Explain Briefly the Meaning and Scope of the Following: Judicial Review
- With Reference to Our Judiciary, Discuss the Following: Name the Writs that the High Courts Are Empowered to Issue. What is Meant by the Advisory Jurisdiction of the High Court?
- Mention three cases in which the high court enjoys original jurisdiction.
- With Reference to the Powers and Functions of the High Court, Explain Briefly the Meaning and Scope of the Following: the High Court as a Court of Record
- India Has a Single Integrated Judicial System that is Independent and Supreme. List Any Four Write that the High Court Can Issue for the Enforcement of Fundamental Rights.
- India Has a Single Integrated Judicial System that is Independent and Supreme. with Reference to the Judiciary, : Explain Briefly the Term ‘Court of Record’ with Reference to the High Court.
- State One Point of Distinction Between the District Judge and the Sessions Judge.
- Court of District Judge: Civil Cases:: Sessions Court ______ Cases.
- Name the Highest Civil Court in a District.
- Name the highest criminal court in a district.
- Civil Cases : Court of District Judge :: Criminal Cases : ______
- Mention One Reason to State that the Lok Adalat Has Its Own Advantage.
- Discuss about the advantages of Lok Adalats.
- What is meant by Lok Adalats?
- The Lok Adalat has many advantages. Which of the following statements about the advantages of the Lok Adalat is best described in the picture given above?
