UPSC Civil Services Exam

Subject – Indian Polity

Topic – High Courts in India

The highest judicial court in a state is the High Court and the second-highest in the country.
Currently, India has 25 High Countries and different states of the country. It is a very
important topic with reference to the candidates preparing for the UPSC 2020 exam.

In this article, you shall find all the important information regarding the High Court in India,
its powers, establishment, the appointment of Judges and Jurisdiction.

How many High Courts are there in India?

There are 25 High Courts in India. Candidates can find the list of High Courts in India at the
linked article.

It was in 1858 when on the recommendation of the Law Commission, the Parliament passed
the Indian High Courts Act 1861 which suggested the establishment of High Courts in place
of Supreme Court in three Presidencies: Calcutta, Madras and Bombay. The Charter of High
Court of Calcutta was ordered in May 1862 and that of Madras and Bombay were order in
June 1862. Thereby, making the Calcutta High Court the first High Court of the country.

The reason for the implementation of this act was the need for a separate judiciary body for
different states. The British Government, therefore, decided to abolish the then-existing
Supreme Court and Sadar Adalat and replaced it with High Court.

Certain rules and eligibility criteria were set for the appointment of a Judge in any High Court
and later after independence as per Article 214 of the Indian Constitution; it was declared that
every Indian state must have their own High Court.

The British created laws were different from the ones that were stated in the Indian Penal
code and the entire legal system of the country changed after the independence of the
country.

Which is the Newest High Court of India?

Andhra Pradesh is the recent state to have the High Court. High Court was established in
Andhra Pradesh on 1st January 2019.

Constitution of High Court - Under the British rule, each High Court has a Chief Justice
and maximum 15 other puisne judges. But later certain changes were brought about in the
composition of the High Court in India:

 Every High Court shall have a Chief Justice appointed by the President
 Unlike before, there was no fixed number of Judges who could be appointed for each High
Court
  Additional Judges can also be appointed for the clearance of cases pending in the
court. But their tenure cannot exceed more than two years

One thing that must be noted is that no one above the age of 62 years can be appointed as a
High Court Judge. There is no uniformity among the High Courts regarding the number of
Judges they will have. A smaller state shall have less number of judges in comparison to a
larger state.

High Court Jurisdiction

The jurisdictions of a High Court are as mentioned below:

 Original Jurisdiction - In such kind of cases the applicant can directly go to the High
Court and does not require to raise an appeal. It is mostly applicable for cases related
to the State Legislative Assembly, marriages, enforcement of fundamental rights and
transfer cases from other courts.

 Power of Superintendence - It a special power enjoyed only by High Court and no

other subordinate court has this power of superintendence. Under this, the High Court
holds the right to order its subordinate offices and courts the way of maintaining
records, prescribe rules for holding proceedings in the court and also settle the fees
paid to sheriff clerks, officers and legal practitioners.

 Court of Record - It involves recording the judgments, proceedings and acts of high
courts for perpetual memory. These records cannot be further questioned in any court.
It has the power to punish for contempt of itself.

 Appellate Jurisdiction - This is for cases where people have risen a complaint about
a review of the judgement given by the district level or subordinate court of that
territory. This power is further divided into two categories:

1. Civil Jurisdiction - this includes orders and judgements of the district court, civil
district court and subordinate court
2. Criminal Jurisdiction - this includes judgements and orders of the sessions court and
additional sessions court.

High Court in India is one of the most important topics in terms of the UPSC exam and other
government exams in India. Candidates can know the powers and function of a High Court,
at the linked article.

How is a High Court Judge Appointed?

A High Court Judge is appointed by the President of India. He is solely responsible for the
appointment of any judge in a High Court. However, he may consult the Governor of the
State, the acting Chief Justice of India and Chief Justice of that particular state’s High Court.

A High Court judge is also liable to get transferred to other High Courts. This decision is
entirely dependent on the Chief Justice of India. Transfer of judges is done with an aim to
ensure proper and just trial for every case fought in the court of law.
Eligibility Criteria for High Court Judge

There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any
High court in India. Given below are the set of eligibility criteria mandatory for the
appointment of High Court judges:

 Any of the given qualifications must be fulfilled:

1. The person should have been a Barrister for more than five years
2. Has been a civil servant for over 10 years along with serving the Zila court for at least
3 years
3. A person who has been a pleader for over 10 years in any High Court.
 No judge should be of more than 62 years of age

The law states that every state must have a separate High Court, however, there still are
certain states that do not have an individual High Court. For example - both Punjab and
Haryana come under the jurisdiction of Punjab High Court sitting at Chandigarh. Besides,
there is a common High Court for seven states – Assam, Nagaland, Manipur, Tripura,
Meghalaya, Arunachal Pradesh and Mizoram.

Salary and Perks of High Court Judges

There has been a massive increase in the salary paid to a High Court judge. The table below
gives the salary description of a judge in the High Court:

High Court Judge Salary

Designation Past Salary After Increment

Chief Justice of the High Court 90,000 2,50,000

Other Judges of the High Court 80,000 2,50,000

Apart from the salary, there are various other perks and allowances provided to a Judge in
High Court.

Related Links:

Supreme Court of India Indian Judiciary UPSC Syllabus

Current Affairs UPSC Notes Civil Service Exam

IAS Exam IAS Topper Writs in India