The Role of High Courts in the Indian Judicial System

Read 7 minutes

“High Courts in India serve as the apex judicial authorities at the state and union territory levels, playing a pivotal role in the country’s legal framework. Entrusted with extensive powers and responsibilities, they ensure the administration of justice, uphold constitutional mandates, and protect fundamental rights. Understanding the role of High Court in India, along with their structure, functions, and significance, is essential to appreciate their contribution to the Indian judiciary.”

High Courts are the apex judicial authorities at the state level in India, playing a crucial role in the administration of justice. The Indian Constitution, under Articles 214 to 231, outlines the organization, powers, and jurisdiction of the High Courts. Here’s a comprehensive look at their powers and functions:

History

The establishment of High Courts in India marked a significant evolution in the country’s judicial system during the British colonial era. Prior to their inception, the judicial landscape was characterized by a dual system comprising the King’s Courts and the Company’s Courts, each with distinct jurisdictions.

Recognizing the need for a unified judicial authority, the British Parliament enacted the Indian High Courts Act of 1861. This legislation authorized the Crown to establish High Courts in various provinces, leading to the creation of the first three High Courts in Calcutta, Madras, and Bombay in 1862. These courts replaced the pre-existing Supreme Courts and Sadar Adalats in the Presidency towns, consolidating the administration of justice under a single entity.

The Calcutta High Court, inaugurated on July 1, 1862, holds the distinction of being the oldest High Court in India. It was followed by the establishment of the Bombay High Court and the Madras High Court, both in the same year. These courts were vested with extensive jurisdiction, encompassing civil, criminal, admiralty, and matrimonial matters. They also had the authority to issue writs, a power that continues to be a fundamental aspect of their jurisdiction today.

Over time, as the British administration expanded and reorganized territorial boundaries, additional High Courts were established to cater to the judicial needs of new provinces and regions. For instance, the Allahabad High Court was established in 1866 to serve the North-Western Provinces, and the Lahore High Court was set up in 1919 for the Punjab region.

The post-independence era witnessed further reorganization and establishment of High Courts to align with the new political and administrative divisions of the country. Notably, the Delhi High Court was established on October 31, 1966, to serve the Union Territory of Delhi.

Today, High Courts in India continue to play a pivotal role in the country’s judicial framework, upholding the rule of law and safeguarding constitutional rights. Their rich history reflects the evolution of India’s legal system from colonial times to the present day, adapting to the changing socio-political landscape while maintaining the core principles of justice and equity.

Jurisdiction of the High Courts

Original Jurisdiction:

High Courts, particularly those of Calcutta, Bombay, and Madras, have original jurisdiction in civil and criminal cases within their respective cities.
They can adjudicate on cases involving property disputes where the value exceeds ₹20,000.
High Courts are empowered to issue writs to enforce fundamental rights, making them a crucial forum for protecting constitutional rights.
They also possess original jurisdiction in matters related to wills, divorce, contempt of court, and admiralty cases

Appellant Jurisdiction

High Courts can hear appeals in civil cases from district courts or subordinate courts, especially if the dispute involves a significant question of law or if the value in question is substantial.
In criminal cases, they have appellate jurisdiction over decisions made by Sessions and Additional Sessions Judges, particularly in cases involving severe sentences such as imprisonment of seven years or more or capital punishment.
They also have appellate jurisdiction in constitutional matters if the case involves a substantial question of law.

Structure of High Courts

Number of High Courts: India currently has 25 High Courts, each with jurisdiction over a specific state, union territory, or a group thereof.
Jurisdiction: High Courts possess jurisdiction over civil and criminal matters within their respective territories. They entertain appeals from subordinate courts, including district and sessions courts, and have original jurisdiction in certain cases, particularly those involving fundamental rights and substantial constitutional questions.
Composition: Each High Court is led by a Chief Justice, supported by a complement of judges whose number is determined by factors such as the court’s caseload and specific requirements. The President of India appoints these judges in consultation with the Chief Justice of India and the respective state’s Governor.

Powers of the High Courts

Court of Record:

High Courts are recognized as Courts of Record, meaning their judgments are preserved as legal precedents and can be referenced in future cases by subordinate courts.
They have the authority to punish for contempt of court, ensuring respect for the judicial process.

Administrative Powers:

High Courts supervise and control all subordinate courts within their jurisdiction.
They have the power to transfer cases from one court to another and can even take over cases from lower courts to adjudicate themselves.
High Courts can issue rules regarding the functioning of subordinate courts and inquire into the records and proceedings of these courts.
They also manage their administrative staff, determining their salaries, allowances, and service conditions.

Judicial Review:

High Courts have the power of judicial review, enabling them to declare any law or ordinance unconstitutional if it contravenes the Constitution. This power is essential for maintaining the supremacy of the Constitution and protecting individual rights.

Certification for Appeal to the Supreme Court:

A High Court has the exclusive power to certify cases as fit for appeal to the Supreme Court. This ensures that only cases with significant legal implications reach the apex court.

Autonomy and Independence

Appointment of Judges:

Judges of the High Courts are appointed by the judiciary, ensuring independence from the executive and legislative branches.

Security of Tenure:

High Court judges enjoy security of tenure until the age of 62, and their removal is only possible through a presidential address, following a complex impeachment process.

Financial Autonomy:

The salaries and allowances of High Court judges cannot be altered to their disadvantage except in the case of a financial emergency. The expenses of High Courts are charged to the Consolidated Fund of the State, insulating them from legislative control.

Post-Retirement Restrictions:

After retirement, High Court judges are prohibited from holding any office of profit under the government, ensuring they remain free from executive influence. However, with the Chief Justice of India’s consent, they may be appointed to temporary offices in emergencies.

Functions and Powers of High Courts

Appellate Jurisdiction: High Courts review appeals against decisions from lower courts. They have the authority to affirm, modify, or overturn these judgments, ensuring the correct application of law and justice.
Original Jurisdiction: In specific instances, High Courts can directly hear cases, notably those concerning the enforcement of fundamental rights or significant constitutional matters. This jurisdiction enables individuals to approach the High Court directly without first resorting to subordinate courts.
Writ Jurisdiction: Under Article 226 of the Constitution, High Courts can issue writs—such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari—for enforcing fundamental rights and for other purposes. This power is broader than that of the Supreme Court under Article 32, as it extends to other legal rights beyond fundamental rights.
Supervisory Role: High Courts exercise supervisory authority over all subordinate courts within their jurisdiction. This includes the power to oversee the functioning of these courts, ensure adherence to legal procedures, and transfer cases to promote fair trials.
Judicial Review: High Courts have the power to review legislative and executive actions to assess their constitutionality. They can invalidate laws or governmental actions that contravene constitutional provisions, thereby upholding the rule of law.
Power of Certification: High Courts can certify cases as fit for appeal to the Supreme Court, particularly those involving substantial questions of law of general importance

Significance

High Court plays an important part in the judiciary by upholding the judicial intergrity. Their key roles include:

Interpretation of Law: High Courts are pivotal in interpreting laws and the Constitution, ensuring their consistent application across various cases. Their judgments contribute to the development of legal precedents that guide subordinate courts.
Safeguarding Fundamental Rights: Empowered to issue writs under Article 226 of the Constitution, High Courts protect citizens’ fundamental rights by addressing grievances related to their infringement.
Supervision of Subordinate Courts: High Courts oversee the functioning of lower courts within their jurisdiction, ensuring adherence to legal standards and efficient administration of justice.
Judicial Review: They possess the authority to review legislative and executive actions, assessing their constitutionality and legality, thereby upholding the rule of law.

Through these functions, High Courts maintain the balance of power, protect individual liberties, and ensure the effective functioning of the judicial system at the state level.

Conclusion

In conclusion, High Courts are indispensable pillars of the Indian judicial system. Their comprehensive jurisdiction, authority to interpret laws, and commitment to upholding justice at the state level make them crucial in maintaining judicial integrity and protecting citizens’ rights. By addressing constitutional challenges and influencing state governance, they ensure that the rule of law prevails across the nation.

Related Posts-

Frequently Asked Questions

What are the primary functions and powers of High Courts in India?

High Courts possess original and appellate jurisdiction, enabling them to hear cases directly and review decisions from subordinate courts. They have the authority to issue writs for enforcing fundamental rights and exercise supervisory control over lower courts within their jurisdiction.

How do High Courts contribute to upholding justice in India?

High Courts ensure justice by interpreting laws, safeguarding constitutional provisions, and protecting fundamental rights. Their decisions set legal precedents, guiding subordinate courts and ensuring uniform application of the law.

In what ways do High Courts influence state-level governance in India?

High Courts impact state governance through judicial review, assessing the constitutionality of legislative and executive actions. By adjudicating disputes involving state authorities and ensuring adherence to legal standards, they maintain checks and balances within the state’s administrative framework.

How do High Courts address constitutional challenges in India?

When constitutional issues arise, High Courts interpret relevant provisions to resolve disputes. They have the authority to declare laws or actions unconstitutional if they violate the Constitution, thereby upholding the rule of law and protecting citizens’ rights.