High Courts of India
The high courts of India are the principal civil courts of original jurisdiction in each state and union territory. However, they primarily exercise appellate jurisdiction over the decisions of lower courts. They are part of the Judiciary of India, which also includes the Supreme Court of India and various subordinate courts. The high courts are critical in the administration of justice, serving as intermediaries between the lower courts and the Supreme Court.
Structure and Jurisdiction
Each high court has jurisdiction over a state, a union territory, or a group of states and union territories. There are 25 high courts in India. A high court exercises its jurisdiction over the states or union territories assigned to it, and it has the power to issue writs for enforcing fundamental rights and for other purposes.
The judges of high courts are appointed by the President of India in consultation with the Chief Justice of India and the governor of the respective state. The process is guided by the Judicial Collegium, which plays a crucial role in the appointment and transfer of judges.
Historical Context
The high courts were established under the Indian High Courts Act 1861, during British rule, to restructure the judiciary and to replace the earlier system of Supreme Courts and Sadar Adalats in the presidencies. The Calcutta High Court, established in 1862, is the oldest high court in India. Other important high courts include the Delhi High Court, Bombay High Court, and Madras High Court.
Role and Functioning
High courts have original jurisdiction in civil and criminal cases concerning:
- The interpretation of the Constitution of India
- Matters of public importance
- Enforcement of fundamental rights
They also have appellate jurisdiction over cases from subordinate courts and tribunals in the respective states or territories. The high courts manage a system of subordinate courts, which are divided into civil and criminal courts, as well as district and session courts headed by district judges. Apart from adjudicating appeals, high courts can hear cases directly under their original jurisdiction in matters specified under the Constitution.
Notable High Courts
- Calcutta High Court: The first high court established in India.
- Bombay High Court: Known for its role in various landmark judgements.
- Madras High Court: One of the three high courts established by the British in the three presidencies.
- Delhi High Court: Handles a high volume of cases due to its location in the national capital.
Appointment and Tenure of Judges
Judges of high courts are appointed under Article 217 of the Constitution and hold office until the age of 62. Their appointment process emphasizes the independence of the judiciary, as it is based on merit and seniority, with significant input from the judiciary itself through the Collegium system.