DISCUSS THE POWER, STRUCTURE AND FUNCTION OF HIGH COURT IN INDIA ?

The High Courts in India play a crucial role in the judicial system, serving as the highest
courts at the state level. Governed by the Constitution of India, these courts are integral to
the federal structure of the country's legal framework.

Power and Jurisdiction:

The power and jurisdiction of High Courts are primarily outlined in Articles 214 to 231 of the
Indian Constitution. Each state, as well as union territories with legislative assemblies, has
its own High Court. The High Court has original, appellate, and advisory jurisdiction. Original
jurisdiction allows it to hear cases directly, while appellate jurisdiction permits the court to
hear appeals from lower courts within its territorial jurisdiction. Additionally, the High Court
may provide advice to the President on legal matters.

Composition and Appointment:

The President appoints the Chief Justice and other judges of a High Court. The Constitution
provides for a Chief Justice for each High Court, and the number of other judges is
determined by the President in consultation with the Chief Justice. Judges must be citizens
of India and have served as a judge of a High Court or two or more such courts in
succession, or for at least ten years as an advocate in a High Court.

Independence and Removal:

To ensure the independence of the judiciary, judges of High Courts hold office until the age
of 62. They can only be removed through an impeachment process on grounds of proven
misbehavior or incapacity. This intricate process involves a motion in either house of
Parliament, supported by a special majority and a subsequent inquiry.

Roles and Functions:

1. Adjudication of Disputes:

- High Courts have original jurisdiction in certain matters and appellate jurisdiction over
decisions of lower courts.
 - They adjudicate civil and criminal cases, constitutional issues, and disputes between
states or between the center and a state.

2. Protection of Fundamental Rights:

- High Courts are entrusted with safeguarding fundamental rights through the writ
jurisdiction, allowing them to issue writs like habeas corpus, mandamus, certiorari,
prohibition, and quo warranto.

3. Supervision over Subordinate Courts:

- High Courts exercise administrative and judicial control over the lower courts within
their territorial jurisdiction.

4. Constitutional Interpretation:

- High Courts play a vital role in interpreting the provisions of the Constitution, resolving
constitutional conflicts, and ensuring the constitutionality of laws.

5. Appointment of District Judges:

- High Courts are involved in the appointment and promotion of district judges within their
jurisdiction.

6. Power of Judicial Review:

- The High Court possesses the authority of judicial review, allowing it to examine the
constitutionality of laws and government actions.

Appeals to the Supreme Court:

Decisions of a High Court can be appealed to the Supreme Court of India. However, such
appeals are limited to matters involving substantial questions of law as determined by the
Supreme Court.
Conclusion:

In essence, High Courts in India serve as the vital intermediaries between the lower courts
and the Supreme Court. Their multifaceted roles include not only adjudicating disputes but
also upholding constitutional values, protecting fundamental rights, and ensuring the proper
functioning of the legal system within the federal structure of the country. The
independence of these courts is paramount to maintaining the integrity and efficacy of the
Indian judiciary.