High Court and subordinate courts
The High Court heads a state's judiciary, with original and appellate jurisdiction and the power to issue writs. Subordinate courts below it decide civil, criminal and revenue cases.
Setting up of a High Court
- The Constitution provides a High Court for every state. But one High Court can serve two or more states. Union territories usually come under a neighbouring state's High Court.
- Your NIOS lesson's example is the Gauhati (Guwahati) High Court, once common to all seven north-eastern states. Since 2013, Meghalaya, Manipur and Tripura have their own High Courts; it still serves Assam, Nagaland, Mizoram and Arunachal Pradesh.
- Each High Court has a Chief Justice and other judges. The number is not the same everywhere: the President fixes it from time to time.
- Jurisdiction means a court's power to hear cases: over which area, and which kinds of cases.
Judges of the High Court
- The President appoints the Chief Justice after consulting the Chief Justice of India and the state's Governor. For other judges, the President also consults the Chief Justice of that High Court.
- A judge must be a citizen of India. He or she must have held a judicial office for 10 years, or been an advocate of one or more High Courts for 10 years without a break.
- Judges serve until the age of 62. Your NIOS lesson prints 65, which is the retirement age of Supreme Court judges.
- A judge may resign. A judge can be removed only after both Houses of Parliament pass a motion by a special majority, a process often called impeachment, for proved misbehaviour or incapacity. The President then orders the removal.
- The President can transfer a judge to another High Court on the advice of the Chief Justice of India.
- After retiring, a judge may practise law in the Supreme Court or another High Court, but not in the one where he or she served.
Jurisdiction and powers of the High Court
| Kind | What it covers |
|---|---|
| Original jurisdiction | Cases that can start directly in the High Court: enforcing fundamental rights and other legal rights by issuing writs (Article 226), and election petitions challenging the election of a member of the state legislature. |
| Appellate jurisdiction | Hears appeals against lower courts. Civil appeals against a District Judge's decision; criminal appeals against a Sessions Court, for example where the prison term is more than seven years. A death sentence given by a lower court must be confirmed by the High Court. |
| Supervision | Controls and supervises all subordinate courts in its area. |
| Court of record | Its judgments are recorded and followed by all lower courts. It can punish for contempt of court (disrespect of the court). |
The ladder of courts
Each district has a District and Sessions Judge, with a chain of judicial officers below. The High Court supervises every court below it. Revenue courts have their own ladder, topped by the Board of Revenue.
Subordinate courts: three kinds of cases
| Court | Cases it hears | Result |
|---|---|---|
| Civil courts | Disputes between people over property, breach of contract (a broken agreement), divorce, or between landlords and tenants | Settles the dispute; no punishment, because no crime is involved |
| Criminal courts | Theft, robbery, pickpocketing, murder and other crimes. The police file the case on behalf of the State against the accused. | If the accused is found guilty, the court gives punishment |
| Revenue courts | Land revenue and land record matters. The Board of Revenue is at the top, with the courts of the Commissioner, Collector, Tehsildar and Assistant Tehsildar below it. | The Board of Revenue hears the final appeals. Some states have revenue tribunals or financial commissioners instead. |
A quarrel between brothers over a family shop goes to a civil court. A stolen phone case goes to a criminal court, and a land record dispute to the tehsildar. If a fundamental right is violated, a person can file a writ petition directly in the High Court.
1 marks: “True or false: every High Court in India has the same number of judges.” False. The President fixes the number of judges for each High Court from time to time.
2 marks: “Name the three kinds of subordinate courts. Which of them can punish a person?” Civil, criminal and revenue courts. Criminal courts give punishment when the accused is found guilty; civil courts only settle disputes.
3 marks: “What kinds of cases can a High Court hear? Explain with one example of each kind.” Original: writs to enforce fundamental and legal rights, and election petitions on state legislators. Appellate: civil appeals against District Judges, criminal appeals against Sessions Courts, confirmation of death sentences. Also supervises subordinate courts, and as a court of record can punish for contempt.
High Court: Original, Appellate, Supervises, Records. Lower courts: Civil, Criminal, Revenue (CCR).