High Court of States

(Article 214 to 231 of Indian Constitution)

High Court in States

• High Court is the highest judicial court in a state in single integrated judicial system of India.
• It is termed as the second-highest in the country after Supreme Court of India.
• The judiciary in a state consists of a high court and a hierarchy of subordinate courts.
• The High Court occupies the top position in the judicial administration of a state.

Historical Background

• The institution of high court originated in India in 1862 with three high courts were set up at Calcutta, Bombay and Madras (Indian High Courts Act).
• In 1866, a fourth high court was established at Allahabad.
• After 1950, a high court existing in a province became the high court for the corresponding state.
• The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory.
• Andhra Pradesh Reorganisation Act, 2014 – Came into effect from 2 June 2014 has facilitated establishment of separate High Courts for Telangana and Andhra Pradesh.
• Currently, India has total 25 High Courts established in different states of the country.
• Andhra Pradesh High Court became the 25th High Court in India commencing from 1 Jan 2019 at Amaravati.
• Hyderabad High Court now rechristened as “Telangana High Court” located at Hyderabad.
• The UTs of Jammu and Kashmir and Ladakh have a common high court.
• Among the nine union territories, Delhi alone has a separate high court (since 1966).
• Calcutta High Court (2 July 1862) is the oldest High Court in India.

High Courts Having Common Jurisdiction with 2 or More States and/or UTs

Constitutional Position of High Court

• Article 214 to 231 in Part VI (State) of the Constitution deal with the Constitutional Position of High Court such as organisation, independence, jurisdiction, powers, and procedures and so on of the High Courts.
• Constitution gives a High Court jurisdiction over revenue matters (did not enjoy in the pre-constitution era).
• Constitution empowers the Parliament and the state legislature to change the jurisdiction and powers of a High Court.
• The Constitution of India provides for a High Court for each state, but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common High Court for two or more states or for two or more states and a UT.
• The territorial jurisdiction of a High Court is co- terminus with the territory of a state. The territorial jurisdiction of a common high court is co-terminus with the territories of the concerned states and union territory.
• At present, there are 25 high courts in the country. Out of them, 3 are common for 2 or more states.
• Delhi is the only UT in India having high court of its own (since 1966).
• The Parliament can extend the jurisdiction of a High Court to any UT or exclude the jurisdiction of a High Court from any UT.

Organisation of High Court 

• Described by Article 216 of Indian Constitution.
• Every High Court (whether exclusive or common) consist of Chief Justice and such other judges as President may from time to time deem necessary to appoint.
• Constitution does not specify strength of High Court and leaves it to the discretion of the President.

So, this is all about the introductory post on the High Courts of State and Constitutional Position of High Court. If you want to read more notes on Indian Polity – Click Here.

In the Next Post (Click Here), we will learn about the Judges of High Courts of States.

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