High Courts of India

High Courts of India

High Court: Head of the State Judiciary

The High Court is the head of the Judiciary in the State.

• There are 25 High Courts in the country, three having jurisdiction over more than one state.

• Six High Courts (Allahabad, Bombay, Gauhati, Madhya Pradesh, Madras, and Rajasthan) have 11 Permanent Benches amongst themselves.

• Only the Karnataka High Court has two circuit Benches at Dharwad and Gulbarga.

• Among the union territories, Delhi alone has a High Court of its own. The other six union territories come under the jurisdiction of different state High Courts.

Appointment of High Court Judges

• Every Judge of a High Court is appointed by the President.

• In making an appointment as a High Court Judge, the President can consult the Chief Justice of India, the Governor of the State, and the Chief Justice of that High Court.

• The Judge of the High Courts in India is administered an oath of office by the Governor of the State or some person appointed by him for the purpose.

Tenure and Retirement

• A Judge of the High Court can hold office until the age of 62 years.

• A High Court Judge can leave his office:

  • By resignation in writing addressed to the President.

  • By being appointed a Judge of the Supreme Court or being transferred to any other High Court by the President.

  • By removal by the President.

• The mode of removal of a Judge of the High Court is the same as that of a Judge of the Supreme Court.

Qualifications for High Court Judges

A person is qualified to be a Judge of the High Court if he:

• Is a citizen of India.

• Is not above 62 years of age.

• Has held for at least 10 years a judicial office in the territory of India, or has 10 years of experience as an advocate of a High Court, or of two or more such courts in succession in India.

Salaries and Allowances

• Salaries and allowances of the High Court Judges are charged on the Consolidated Fund of the State. [Art. 202(3)(d)]

Post-Retirement Restrictions

• After retirement, a permanent Judge of a High Court cannot plead or act in a Court or before any authority in India, except the Supreme Court and a High Court in which he has not worked.

High Courts: Seats and Jurisdiction

Additional Notes

• Before the bifurcation of Telangana as a separate state, the principal seat of Andhra Pradesh was at Hyderabad, which was established in 1954.

• The oldest High Court in India is the Calcutta High Court.