High Courts-Establishment & Composition

The High Courts are part of the Indian judiciary, and function under the supervision, guidance
and control of the Supreme Court.
High court -top position in the judicial administration of a state. ..

It originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras
..

Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court
for two or more states or for two or more states and a union territory…

The territorial jurisdiction of a common high court is co extensive with the territories of the
concerned states …

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 High Courts-Establishment & Composition
The Parliament can extend the jurisdiction of a high court to any union territory or exclude
the jurisdiction of a high court from any union territory..

Articles 214 to 231 in Part VI of the Constitution deal with the organization, independence,
jurisdiction, powers, procedures and so on of the high courts.

Composition of High Courts:

Every High Court shall consists of a Chief Justice and such other judges as the President of
India may from time to time appoint.

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 High Courts-Establishment & Composition
Besides, the President has the power to appoint ,
Additional Judges for a temporary period not exceeding two years, for the clearance of areas of work in a
High Court;

an acting judge, when a permanent judge of a High Court (other than Chief Justice) is temporarily absent or
unable to perform his duties or is appointed to act temporarily as Chief Justice.

The judges of the High Courts are appointed by the President of India.

While appointing Chief Justice of a High Court, the President has to consult the Chief Justice of the Supreme
Court and the Governor of the State concerned..

While appointing other judges, the President consults the Chief Justice of the Supreme Court, the Chief
Justice of the High Court and Governor of the State concerned…
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 High Courts-Establishment & Composition

Consultation with the Chief Justice of the Supreme Court in respect of appointments and transfers of the
judges of the High Court is also obligatory and binding for the President…

It is in accordance with 1993 ruling as reinterpreted in 1999 by the Supreme Court..

The number of High Courts in India is 25.

Permanent Bench – A permanent bench comprises of one or more High Court judges who sit yearlong at a
particular location..

Circuit Bench – A Circuit Bench is for territories which are far-flung but do not have too many matters to
justify a full-fledged permanent bench. As a result, once or twice a year, some judges travel to these areas
and dispose off all the High Court appeals of that jurisdiction.
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 High Courts-Establishment & Composition
JURISDICTION AND POWERS OF HIGH COURT
It is the highest court of appeal in the State….

It is the protector of the Fundamental Rights of the citizens….

It is vested with the power to interpret the Constitution…

Besides, It has supervisory and consultative roles…

Constitution gives a high court jurisdiction over revenue matters (which it did not
enjoy in the pre-constitution era).
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 High Courts-Establishment & Composition
At present, a high court enjoys the following jurisdiction and powers:
Original jurisdiction(limited). Writ jurisdiction.

Appellate jurisdiction.

3. Supervisory jurisdiction.(Control over subordinate courts)

A court of record.

Power of judicial review.

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 High Courts-Establishment & Composition
Original Jurisdiction
(a) Matters of admiralty, will, marriage, divorce, company laws and contempt of court..

(b) Disputes relating to the election of members of Parliament and State legislatures..

(c) Regarding revenue matter or an act ordered or done in revenue collection..(. In civil cases,
appellate jurisdiction extends to all such cases which involve an amount exceeding Rs. 5 lakh.)

(d) Enforcement of fundamental rights of citizens..

(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the
Constitution to its own file
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 High Courts-Establishment & Composition
Writ Jurisdiction
The writ jurisdiction of the high court (under Article 226) is not exclusive but
concurrent with the writ jurisdiction of the Supreme Court (under Article 32)..

writ jurisdiction of the high court is wider than that of the Supreme Court..

Writ jurisdiction of both the high court and the Supreme Court constitute a part of
the basic structure of the Constitution

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 High Courts-Establishment & Composition
Appellate Jurisdiction
A high court is primarily a court of appeal.
Appellate jurisdiction of a high court is wider than its original jurisdiction…
Appeals from the decisions of the administrative and other tribunals lie to the
division bench of the state high court.(1997 Onwards, first come to HC then move to
SC)

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 High Courts-Establishment & Composition
Qualifications, Tenure and Removal of the Judges
He or she should be a citizen of India.
He or she should have held a judicial office, at the district level or below for at least
ten years.
OR
He or she should have been an advocate in one or more High Courts for at least ten
years continuously without break..

After retirement(62Y) , they may be appointed judges of the Supreme Court or they
may practice as advocates either in the Supreme Court or in any High Court other
than the High Court where he served
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 High Courts-Establishment & Composition
Removal process is same as Judge of SC.
Transfer of Cases to the High Court.
If a High Court is satisfied that a case pending in a subordinate court involves a substantial
question of law as to the interpretation of the Constitution,

the High Court may withdraw such a case from the lower court.

After examining the case, the High Court may either dispose it off itself, or may return it to
the lower court with instructions for disposal of the case.

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 High Courts-Establishment & Composition
Superintendence of Subordinate Courts
High Court may call for any information from the lower courts..

High Court may make and issue general rules and prescribe norms for regulating the practice and
proceedings of these courts..

High Court may make rules and regulations relating to the appointment, demotion, promotion and
leave of absence for the officers of the subordinate courts.

Court of Record
A High Court is also a court of record, like the Supreme Court. Lower courts in a State are bound to
follow the decisions of the High Court which are cited as precedents. A High Court has also the
power to punish for its contempt or disrespect.
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 Subordinate Courts-Establishment & Composition

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 High Courts-Establishment & Composition
1862 Bombay Maharashtra, Dadra & Nagar Haveli and Daman, Diu, Goa
1862 West Bengal & Andaman Nicobar- Kolkata
1862 Madras Tamil Nadu &Pondicherry
1866 Allahabad Uttar Pradesh
1884 Karnataka Karnataka
1916 Bihar Patna
1948 Guwahati Assam, Nagaland, Mizoram, Arunachal Pradesh

1949 Odisha Odisha Cuttack

1949 Rajasthan Rajasthan Seat: Jodhpur
Bench: Jaipur

1956 Madhya Pradesh Madhya Pradesh Seat: Jabalpur

Bench: Gwalior and Indore

1958 Kerala Kerala & Lakshadweep Ernakulam

1960 Gujarat Gujarat Ahmedabad
1966 Delhi Delhi Delhi
1971 Himachal Pradesh Himachal Pradesh Shimla
1975 Punjab & Haryana Punjab, Haryana & Chandigarh Chandigarh
1975 Sikkim Sikkim Gangtok
2000 Chattisgarh Chattisgarh Bilaspur
2000 Uttarakhand Uttarakhand Nainital
2000 Jharkhand Jharkhand Ranchi
2013 Tripura Tripura Agartala
2013 Manipur Manipur Imphal
2013 MeghalayaMeghalayaShillong
2019 Telangana Telangana Hyderabad
2019 Andhra Pradesh Andhra Pradesh Amravati
2019 Jammu & Kashmir and Ladakh
(Note: In 1928, Jammu & Kashmir high court was established. Post-bi-furcation of J&K into two union territories; there is now a common high court.)

Jammu and Kashmir

Ladakh

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 High Courts-Establishment & Composition
1949 Odisha Odisha
1949 Rajasthan Jodhpur
1956 Madhya Pradesh Jabalpur
1958 Kerala Kerala & Lakshadweep
1960 Gujarat Ahmedabad
1966 Delhi Delhi
1971 Himachal Pradesh Shimla
1975 Punjab, Haryana & Chandigarh --Chandigarh
1975 Sikkim Gangtok
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence
 High Courts-Establishment & Composition
2000 Chattisgarh Bilaspur
2000 Uttarakhand Nainital
2000 Jharkhand Ranchi
2013 Tripura Agartala
2013 Manipur Imphal
2013 Meghalaya Shillong
2019 Telangana Hyderabad
2019 Andhra PradeshAmravati(Justice City)
2019 Jammu & Kashmir and Ladakh
MISSION VISION CORE VALUES
CHRIST is a nurturing ground for an individual’s Excellence and Service Faith in God | Moral Uprightness
holistic development to make effective contribution Love of Fellow Beings
to the society in a dynamic environment Social Responsibility | Pursuit of Excellence