The Role of High Courts in the Indian Judicial System

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:

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.

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.

Conclusion

High Courts in India hold significant authority and play a pivotal role in the country’s judiciary. They are not only instrumental in adjudicating legal disputes but also act as a check on legislative and executive actions through their power of judicial review. Their autonomy and wide-ranging powers ensure that justice is administered efficiently and constitutionally across the states.

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