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High Courts — Composition & Jurisdiction



Topic 03 of 6 · Chapter 10 · Indian Polity

High Courts of India — Composition & Jurisdiction

Composition, appointment of judges, original jurisdiction, appellate jurisdiction, supervisory jurisdiction (Article 227), and writ jurisdiction (Article 226).

📋 In This Article

  1. Establishment of High Courts
  2. Composition
  3. Appointment of Judges
  4. Jurisdiction of High Courts
  5. SC vs HC — Comparison
  6. Key Points for Exam

1. Establishment of High Courts

High Courts are established under Article 214 of the Constitution. There is a High Court for each State. Parliament can establish a common High Court for two or more States.

💡 Key Idea: Currently India has 25 High Courts. Some HCs have jurisdiction over more than one State/UT. For example, the Bombay HC has jurisdiction over Maharashtra, Goa, Dadra & Nagar Haveli, and Daman & Diu.

2. Composition

Each High Court consists of:

  • A Chief Justice
  • Such other judges as the President may from time to time deem necessary

HC judges retire at the age of 62 years (SC judges retire at 65).

3. Appointment of Judges

HC judges are appointed by the President in consultation with:

  • The Chief Justice of India
  • The Governor of the State
  • The Chief Justice of the High Court (for judges other than the CJ)
⭐ Exam Fact: The collegium system applies to HC appointments too. The collegium (CJI + 2 senior-most SC judges) recommends HC appointments. The President appoints on the basis of collegium recommendations.

4. Jurisdiction of High Courts

a) Original Jurisdiction

HCs have original jurisdiction in:

  • Cases relating to election disputes (for Parliament and State Legislature)
  • Cases relating to revenue matters (in some HCs)
  • Cases relating to admiralty, probate, matrimonial, and contempt of court (in some HCs)

b) Appellate Jurisdiction

HCs hear appeals from:

  • District courts and subordinate courts in civil and criminal matters
  • Sessions courts in criminal matters

c) Supervisory Jurisdiction (Article 227)

Every HC has superintendence over all courts and tribunals in its territorial jurisdiction. This is a very wide power — the HC can call for records, give directions, and correct errors of inferior courts.

d) Writ Jurisdiction (Article 226)

HCs can issue writs for enforcement of any legal right — not just Fundamental Rights. This is wider than the SC’s writ jurisdiction under Article 32 (which is only for FR enforcement).

✅ Remember: Article 226 (HC writ jurisdiction) is wider than Article 32 (SC writ jurisdiction) in scope. HC can issue writs for any legal right; SC can only issue writs for FR enforcement. But Article 32 is a Fundamental Right itself; Article 226 is a constitutional power.

5. SC vs HC — Comparison

FeatureSupreme CourtHigh Court
Article124214
Retirement age65 years62 years
Writ jurisdictionArticle 32 — only for FRArticle 226 — for any legal right (wider)
Supervisory jurisdictionNoYes (Article 227)
Advisory jurisdictionYes (Article 143)No
Original jurisdictionCentre-State disputes (Article 131)Election disputes, revenue, etc.
Binding decisionsBinding on all courts in IndiaBinding on courts in its territorial jurisdiction
Practice after retirementCannot practice in any courtCan practice in SC and other HCs

6. Key Points for Exam

🔑 Must-Remember Facts

  • HC established under Article 214
  • Currently 25 High Courts in India
  • HC judges retire at 62 years (SC at 65)
  • HC writ jurisdiction: Article 226 — any legal right (wider than SC)
  • SC writ jurisdiction: Article 32 — only FR enforcement
  • HC supervisory jurisdiction: Article 227
  • Retired HC judge: Can practice in SC and other HCs
  • Retired SC judge: Cannot practice in any court
  • HC appointment: President + CJI + Governor + HC Chief Justice
  • Article 226 cannot be suspended (unlike Article 32 during Emergency)
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