High Court | Constitutional Law - CLAT PG PDF Download

High Courts 

•  Definition:  A High Court is the highest judicial authority in a state, overseeing all other courts within its jurisdiction.
•  Structure:  Typically, each state has its own High Court. However, multiple states can share a single High Court as per the Constitution of India.
•  Appointment of Judges: 
  •  Chief Justice:  Appointed by the President of India, in consultation with the Chief Justice of the Supreme Court and the Governor of the respective state.
  •  Other Judges:  Appointed by the President, with the involvement of the Governor and the Chief Justice of the High Court.
•  Judicial Powers: 
  • Issuing writs such as habeas corpus, mandamus, prohibition, quo-warranto, and certiorari to uphold Fundamental Rights and for other judicial purposes.
  • Exercising superintendence over all subordinate courts and tribunals within its jurisdiction.
  • Withdrawing cases from subordinate courts involving substantial constitutional questions and deciding on them.
•  Administrative Role: 
  • Advising the Governor on the appointment, posting, and promotion of District Judges.
  • Controlling district courts and subordinate courts, including matters related to posting, promotion, and leave of judicial officers below the rank of District Judge.
•  Jurisdiction:  High Courts have both original and appellate jurisdiction in civil and criminal matters as specified by the Codes of Civil and Criminal Procedure and the Letters of Patent.

 Key Functions of High Courts 

•  Issuing Writs  : High Courts can issue various writs, such as  habeas corpus  (to secure a person’s release),  mandamus  (to compel an authority to perform a duty),  prohibition  (to prevent a lower court from exceeding its jurisdiction),  quo-warranto  (to question the authority of a person holding a public office), and  certiorari  (to transfer a case from a lower court to a higher court).
•  Superintendence  : High Courts have the power to supervise and control all subordinate courts and tribunals within their jurisdiction, ensuring proper administration of justice.
•  Case Withdrawal  : If a case in a subordinate court involves a significant question of law regarding the Constitution, the High Court can withdraw the case, decide on the legal question, and either dispose of the case itself or return it to the lower court with its judgment.
•  Appointment and Promotion  : High Courts advise the Governor on the appointment, posting, and promotion of District Judges and other members of the State Judicial Service.
•  Control over District Courts  : High Courts have the authority to control district courts and subordinate courts, including matters related to posting, promotion, and leave of judicial officers below the rank of District Judge.
•  Original and Appellate Jurisdiction  : High Courts have the power to hear cases in the first instance (original jurisdiction) as well as to hear appeals from lower courts (appellate jurisdiction) in civil and criminal matters, as per the relevant legal provisions.

 Article 215 - High Courts as Courts of Record 

• Every High Court is designated as a  court of record  , possessing the authority to maintain records that hold evidentiary value.
• The records produced by the High Court cannot be challenged in court, emphasizing their significance.
• The High Court has the power to  punish for contempt of itself  , a special authority that cannot be revoked or transferred by the Legislature.
• This power allows the High Court to address contempt cases independently, and matters of contempt arising in one High Court cannot be transferred to another.
• Additionally, High Courts have the  authority to review and correct their own decisions  .

Article 216: Constitution of High Courts 

• Every High Court shall consist of a  Chief Justice  and other Judges as deemed necessary by the President.
• The number of Judges in a High Court is not fixed by the Constitution; it is determined by the President based on  necessity  .
• The President is constitutionally obligated to review the  strength of each High Court  according to the backlog of pending cases.
• In the case of  S.P. Gupta v. Union of India  , it was emphasized that the President must assess the number of Judges needed in each High Court.
• The  Chief Justice of India  and the Chief Justice of the concerned High Court are responsible for periodically reviewing the  judicial strength  of High Courts.
• They make recommendations to the President regarding the necessary number of Judges for effective  administration of justice  .
• The President is expected to act upon the recommendations made by the Chief Justice of India regarding the strength of Judges in High Courts.

Article 218 - Application of Certain Provisions Relating to the Supreme Court to High Courts

• Clauses (4) and (5) of Article 124, which pertain to the Supreme Court, are applicable to High Courts with necessary modifications. Specifically, references to the Supreme Court are to be replaced with references to the High Court.
• A judge of the High Court can only be removed from office by an order from the President of India. This process requires an address to be passed by both Houses of Parliament with a majority support. The procedure for presenting such an address is determined by Parliament. Grounds for removal include misbehavior or incapacity, but adequate proof is necessary for the removal.

Article 219 - Oath or Affirmation by Judges of High Courts

• Before assuming office, every person appointed as a Judge of a High Court must make and subscribe an oath or affirmation before the Governor of the State or a designated person, as per the form in the Third Schedule.
• The oath, as per Article 219, requires the judge to bear true faith and allegiance to the Constitution, perform duties impartially and without favoritism, and uphold the Constitution and the laws.

 Article 221 - Salaries, etc., of Judges 

•  Salaries of High Court Judges  : Judges of each High Court are entitled to salaries determined by Parliament. Until Parliament sets these salaries, judges will receive the amounts specified in the Second Schedule of the Constitution.
•  Allowances and Rights  : Each Judge is entitled to allowances, leave of absence rights, and pension rights as determined by law made by Parliament. Until such laws are made, judges will receive the allowances and rights specified in the Second Schedule. Importantly, these benefits cannot be reduced to the Judge's disadvantage after their appointment.
•  Amendment of 1986  : Before the 1986 amendment, the Constitution itself laid down the provisions for High Court Judges' salaries without allowing for variations. The amendment empowered Parliament to determine these salaries, subject to the Income Tax Act. Judges' salaries, allowances, and pensions are charged to the Consolidated Fund.

 Article 222 - Transfer of a Judge from one High Court to another 

•  Transfer of Judges  : The President of India, after consulting with the Chief Justice of India, has the authority to transfer a judge from one High Court to another.
•  Compensatory Allowance  : When a judge is transferred to a different High Court, they are entitled to receive, in addition to their salary, a compensatory allowance determined by Parliament. If Parliament has not set this allowance, the President can fix it by order.
•  Independence of Judiciary  : The case of Union of India v. Sankalchand Himatlal Sheth emphasizes the importance of judicial independence. Transfers of judges should be done in the public interest and in consultation with the Chief Justice of India. If this process is not followed, the transfer can be challenged. These principles were also established in the S.P. Gupta case.

Article 225 - Jurisdiction of Existing High Courts 

• Article 225 of the Indian Constitution deals with the jurisdiction and powers of existing High Courts.
• It states that the jurisdiction, law administered, and powers of Judges in existing High Courts shall remain the same as before the Constitution came into effect.
• However, any restrictions on the original jurisdiction of High Courts regarding revenue matters, which existed before the Constitution, will no longer apply.

 Key Points 

•  Preservation of Jurisdiction:  Article 225 preserves the inherent jurisdiction of High Courts, allowing them to administer justice without restrictions.
•  Unlimited Power:  High Courts possess unlimited power to issue directives, such as arresting foreign ships under statutory authority.
•  Legislative Authority:  The Union and State Legislatures can make laws regarding the jurisdiction and powers of High Courts within their respective subjects.

Article 226: Power of High Courts to Issue Certain Writs 

•  High Courts' Authority:  Article 226 empowers every High Court to issue directions, orders, or writs throughout its jurisdiction to any person or authority, including the government.
•  Types of Writs:  The writs that can be issued include habeas corpus, mandamus, prohibitions, quo warranto, and certiorari, among others.
•  Jurisdictional Flexibility:  High Courts can exercise this power even if the government or authority being directed is outside their territorial jurisdiction, as long as the cause of action arises within their territory.
•  Interim Orders:  If an interim order is made against a party in proceedings related to a petition under clause (1) of Article 226, the High Court must dispose of any application for vacation of such order within two weeks.
•  Opportunity to be Heard:  Parties against whom interim orders are made must be given copies of the petition and supporting documents, as well as an opportunity to be heard.
•  Supreme Court's Power:  The power of High Courts under Article 226 is not meant to diminish the power of the Supreme Court as outlined in Article 32.

 Key points of Article 226 

• Article 226 grants High Courts the power to issue writs for enforcing rights under Part III of the Constitution and for other purposes.
• High Courts can issue writs against governments outside their jurisdiction if the cause of action arises within their territory.
• Applications against interim orders must be disposed of within two weeks, ensuring parties are given copies of documents and an opportunity to be heard.
• The power of High Courts under this article does not limit the Supreme Court's authority under Article 32.
• Article 226 emphasizes the broad scope of public law remedies and the significant powers of High Courts, distinguishing them from the Supreme Court.
• The territorial extent of writ jurisdiction was highlighted in the case of Election Commission v. S. V. Subba Rao, reflecting the vast powers of High Courts.

 Types of Writs 

•  Writ of Habeas Corpus:  Issued to secure the release of a person unlawfully detained.
•  Writ of Mandamus:  Commands a public authority to perform a public duty.
•  Writ of Certiorari:  Quashes an order of a lower court or tribunal.
•  Writ of Prohibition:  Prevents a lower court or tribunal from exceeding its jurisdiction.
•  Writ of Quo Warranto:  Questions the authority of a person holding a public office.

 Writ of Habeas Corpus 

• A writ of habeas corpus is a legal order that requires a public official, such as a prison warden, to bring an imprisoned individual before the court and explain the reasons for their detention. It allows inmates or their representatives to challenge the legality of their confinement.
• The court may grant relief to the inmate based on the evidence presented, which could include release from prison, a reduction in sentence, an order to stop illegal confinement conditions, or a declaration of rights.
• Generally, the writ can be filed by the person whose rights have been violated. However, it can also be filed by a friend or relative of the detained person.
• The writ can be issued in cases where a person is confined without being presented before a magistrate within 24 hours, when a person is arrested without violating any law, when the reason for arrest is unconstitutional, or when the detention is malicious or harmful.

 Writ of Mandamus 

• A writ of mandamus is a legal order issued by a court to compel a lower court, public official, public body, corporation, tribunal, or government entity to perform a duty that they have refused to carry out. The term "mandamus" means "We Command".
• The writ serves as a reminder to authorities to fulfill their responsibilities and cannot be issued against a private individual or body, if the duty in question is discretionary and not mandatory. It also cannot be issued against the President, Governors of states, or working Chief Justices for enforcing private contracts.
• Any person with a real or special interest in the subject matter and the legal right to do so can file a writ petition of mandamus. The petition seeks to enforce a legal duty to be performed by a person or body.

 Writ of Certiorari 

• The power to issue a writ of certiorari is vested in the Supreme Court of India by the Constitution to enforce fundamental rights. Parliament can also grant similar powers to other courts.
• Certiorari means "to certify" and is a curative writ. It is issued by the High Court to subordinate judicial or quasi-judicial bodies to transfer records of a case to determine jurisdiction or compliance with natural justice principles.
• The writ can be applied when a court exceeds its jurisdiction, commits fraud or error on the record, or acts beyond its power. It is corrective in nature and issued against judicial or quasi-judicial authorities acting in a judicial capacity.

 Writ of Prohibition 

• Prohibition, known as a "Stay order," is a writ issued by the Supreme Court and High Courts to stop lower courts, tribunals, magistrates, or other judicial officers from acting beyond their jurisdiction or violating natural justice principles.
• This writ is issued when a court exceeds its jurisdiction or acts against natural justice. When issued, it stays the proceedings in the lower court.
• The writ of prohibition can only be filed by the aggrieved individual and is issued by an inferior court, tribunal, or quasi-judicial authority. It cannot be filed if the proceeding has matured into a decision or if the court or authority ceases to exist.
• The case must be ongoing in an inferior court, tribunal, or quasi-judicial authority for the writ to be applicable. It can be issued at any stage of the proceeding.

 Writ of Quo Warranto 

• The writ of Quo Warranto, meaning "by what authority?" or "show the authority," aims to prevent a person from unlawfully holding a public office. It examines the legality of an individual's claim to a public office.
• This writ is issued to individuals claiming a public office unlawfully, asking them to prove by what authority they hold such office. It applies only to public offices, not private ones.
• The office in question must be created by statute or the Constitution, have public duties, be of permanent tenure, and the person must be in actual possession and use of the office.

Article 227 - Power of Superintendence by the High Court

Article 227 of the Indian Constitution grants every High Court the authority to oversee all courts and tribunals within its jurisdiction. This power of superintendence allows the High Court to ensure that justice is administered effectively and uniformly across the legal system.

 Key Provisions of Article 227 

•  Superintendence Authority  : Every High Court has the authority to supervise all courts and tribunals within the territories under its jurisdiction.
•  General Powers  : The High Court can exercise its superintendence powers by:
•  Calling for Returns  : The High Court may request returns and reports from the subordinate courts.
•  Making General Rules  : The High Court can formulate and issue general rules to regulate the practice and proceedings of these courts.
•  Prescribing Forms  : The High Court has the authority to prescribe forms for books, entries, and accounts to be maintained by court officers.
•  Fee Tables  : The High Court can establish tables of fees for sheriffs, clerks, officers of the court, and legal practitioners.
•  Consistency with Law  : Any rules, forms, or fee tables established by the High Court must be consistent with existing laws and require the Governor's approval.
•  Limitation of Power  : The High Court's power of superintendence does not extend to courts or tribunals established under laws related to the Armed Forces.