High Court in India: A Comprehensive Insight - Delhi Police Constable PDF Download

Organization of High Courts

The Constitution of India mandates the existence of a High Court for each state, but it allows the Parliament to establish a common High Court for two or more states. The territorial jurisdiction of a High Court aligns with that of the respective state. Additionally, the Parliament has the power to extend or restrict a High Court's jurisdiction over Union Territories.

Appointment and Tenure of Judges

• Unlike the Supreme Court, the number of judges in a High Court is determined by the President of India. The appointment of High Court judges is done by the President, who consults the Chief Justice of India (CJI) and the Governor of the concerned state. If the appointment is for a common High Court, the Governors of all involved states are consulted.
• To become a High Court judge, one must be a citizen of India and either have held a judicial office in India for ten years or have been an advocate in a High Court for ten years. The tenure of a High Court judge lasts until they reach the age of 62. They can resign or be removed from office based on certain criteria.

Independence and Jurisdiction of High Courts

• High Courts in India enjoy independence similar to the Supreme Court. Their jurisdiction and powers cannot be curtailed by the Parliament or the state legislature. However, these can be modified by the Parliament or the state legislature.
• The Constitution grants High Courts original and appellate jurisdiction. They have the power to issue writs for the restoration of fundamental and legal rights, including cases related to admiralty, probate, matrimonial matters, and contempt of court. High Courts also possess superintendence powers over all Courts and Tribunals except those handling the armed forces' affairs in the state.

Tribunals and Challenges

In recent times, the jurisdiction of High Courts has eroded due to the proliferation of tribunals. These specialized bodies now handle disputes related to various laws, such as the Companies Act, Competition Act, SEBI Act, Electricity Act, and Consumer Protection Act. Critics argue that tribunals lack the same constitutional protection as High Courts and are less accessible, making justice expensive and difficult to obtain.

The Way Forward

To strengthen the Indian judiciary, it is crucial to prevent unnecessary creation of tribunals and fill the increasing vacancies in High Courts. Furthermore, High Courts should be granted a supervisory role in monitoring the functioning of tribunals in their respective states, ensuring a more cohesive and efficient legal system.