High Court and Subordinate Courts:

1. High Court:
The judiciary in a state consists of a High Court and a system of subordinate courts. Every state
has a High Court. However, Parliament can establish a common High Court for two or more
state or for two or more states and a Union Territory. At present there are 21 High Courts in
India. Bombay High Court was established in 1862 and is one of the oldest High Courts in
India.

a. Composition: Every High Court consists of a Chief Justice and some other judges. The
constitution does not fix any maximum number of Judges for a High Court.

b. Appointment of Judges: Every judge of a High Court is appointed by the President. The
President appoints the Chief Justice of a High Court after consultation with the Chief Justice
of India and the Governor of the concerned state. In case of the appointment of a judge other
than the Chief Justice, he may consult even the Chief Justice of the High Court concerned.

c. Additional and Acting Judges: The President has the power to appoint one of the judges
of the High Court as an Acting Chief Justice when the office of the Chief Justice falls vacant
or he / she is unable to perform his / her duties by reason of absence or otherwise.

d. Qualifications: A person to be qualified for appointment as a Judge of a High Court:

a. Must be a citizen of India.
b. Must have held a judicial office for at least ten years in the territory of India, or
c. Must have been an advocate of the High Court for at least ten years.

e. Tenure and Removal of Judges: The age of retirement of a High Court Judge is 62. A
judge can give his/her resignation to the President. A judge may, however, be removed from
office by the President in the same manner and on the same grounds as a judge of the Supreme
Court gets removed. A judge of a High Court may be transferred from one High Court to
another by an order made by the President in consultation with the Chief Justice of India.

f. Jurisdiction of the High Court:

i. Original Jurisdiction: The Constitution of India has given fundamental rights to the citizens
of India. If there is any infringement of fundamental rights of a citizen then he/she can directly
approach the High Court and seek justice. Thus, the High Court is the guardian of Fundamental
Rights. To implement the Fundamental Rights, the High Court issues different writs like writs
of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.

ii. Territorial Jurisdiction: Some states in India have their own independent High Courts.
Sometimes two or more states have a common High Court. The Parliament has the power to
decide the regional scope of High Courts.
iii. Appellate Jurisdiction: The High Court is the highest court of appeal in the state in both
civil and criminal cases. It can hear appeals against the decision of District Courts and Session
Courts which are the Subordinate Courts in the state. Sometimes certain cases of subordinate
courts can be referred to the High Court, if they need some interpretation of the Constitution.
In such circumstances the case is totally heard in the High Court and judgement is given.

iv. A Court of Record: Judgements of the High Courts are also maintained as record by the
High Courts. These judgements are referred to while giving judgements in some other similar
cases.

v. Power of Superintendence: Every High Court has the power to superintend the working of
all lower courts and tribunals working within its jurisdiction except Courts or tribunals related
to the armed forces.

2. Subordinate Courts:
a. Composition of Subordinate Courts: In every state below the High Court, there is a
hierarchy of subordinate courts. For the purpose of judicial administration, each state is divided
into several districts. Every district has three types of courts under the control and
superintendence of the High Court of the state.

b. Civil Court: The District Judge is appointed by the Governor of the state in consultation
with the Chief Justice of the High Court of the State. The District Judge has original as well
as appellate jurisdiction. The district Judge hears civil cases relating to property disputes,
marriage and divorce, insolvency and guardianship of minors and intellectual property rights,
etc. He/she looks at the management of trusts. He/she hears appeals against the decision of a
sub-judge court and munsif Courts. Below the district courts, there are three types of secondary
civil courts, such as First Class, Second Class and Third Class Civil Courts.

c. Criminal Courts: The courts deal with criminal cases and are called Criminal or Sessions
courts. Cases related to murder, dacoit, theft, etc. are tried in these courts. Below the Sessions
Court, there are three types of secondary criminal courts, such as the First Class, Second Class
and Third Class magistrate courts. The second and third class magistrate courts do not enjoy
appellate jurisdiction.

d. Revenue Courts: In every district there is a separate system of Revenue Courts. The lowest
court in the hierarchy of Revenue court is the Court of the Tehsildar which is empowered to
deal with matters relating to recovery of land revenue and other related cases.