India, known as the world’s largest democracy, has a well-established judicial system that operates at various levels. The High Courts in India play a crucial role in the country’s judicial system, acting as the highest courts at the state level. These list of High Courts have the power of judicial review over laws and decisions made within their jurisdiction.
The state’s highest judicial power is the High Court. As stated in Article 214 of the Indian constitution, Each Indian state is required to have a High Court. Article 231 does, however, note that a common High Court for two or more states, or two or more states and a union territory, may exist. The number of High Courts in India should be known by the aspirants of all competitive exams.
Knowing about the High Courts in India is important for various competitive exams, including civil services exams (UPSC), state public service commission exams (like PCS, PSC), law entrance exams (CLAT, AILET), judiciary exams, and other general knowledge-based exams.
As we enter the year 2024, it is essential to understand the composition of the Indian High Courts. Here is a comprehensive list of High Courts in India as per 2024.
List of High Courts in India | |||
Year | Name | Territorial Jurisdiction | Seat & Bench |
1862 | Bombay | MaharashtraDadra & Nagar Haveli and Daman DiuGoa | Seat: MumbaiBench: Panaji, Aurangabad, and Nagpur |
1862 | Kolkata | West BengalAndaman & Nicobar islands | Seat: KolkataBench: Port Blair |
1862 | Madras | Tamil NaduPondicherry | Seat: ChennaiBench: Madurai |
1866 | Allahabad | Uttar Pradesh | Seat: AllahabadBench: Lucknow |
1884 | Karnataka | Karnataka | Seat: BengaluruBench: Dharwad and Gulbarga |
1916 | Patna | Bihar | Patna |
1948 | Guwahati | AssamNagalandMizoramArunachal Pradesh | Seat: GuwahatiBench: Kohima, Aizawl, and Itanagar |
1949 | Odisha | Odisha | Cuttack |
1949 | Rajasthan | Rajasthan | Seat: JodhpurBench: Jaipur |
1956 | Madhya Pradesh | Madhya Pradesh | Seat: JabalpurBench: Gwalior and Indore |
1958 | Kerala | Kerala & Lakshadweep | Ernakulam |
1960 | Gujarat | Gujarat | Ahmedabad |
1966 | Delhi | Delhi | Delhi |
1971 | Himachal Pradesh | Himachal Pradesh | Shimla |
1975 | Punjab & Haryana | Punjab, Haryana & Chandigarh | Chandigarh |
1975 | Sikkim | Sikkim | Gangtok |
2000 | Chattisgarh | Chattisgarh | Bilaspur |
2000 | Uttarakhand | Uttarakhand | Nainital |
2000 | Jharkhand | Jharkhand | Ranchi |
2013 | Tripura | Tripura | Agartala |
2013 | Manipur | Manipur | Imphal |
2013 | Meghalaya | Meghalaya | Shillong |
2019 | Telangana | Telangana | Hyderabad |
2019 | Andhra Pradesh | Andhra Pradesh | Amravati |
2019 | Jammu & Kashmir and Ladakh(Note: In 1928, Jammu & Kashmir high court was established. Post-bi-furcation of J&K into two union territories; there is now a common high court.) | Jammu and KashmirLadakh | – |
High Courts in India
The High Court’s Structure
- A Chief Justice and other judges are named by the President to each High Court
- For the High Courts, there is no set number of judges. It differs from one court to the next and from one state to the next.
Tenure and Qualifications
- An individual cannot be appointed as a High Court Judge unless he or she is a citizen of India
- For ten years, he should have held a judicial role in India’s territory
- He has been an advocate of one or more High Courts for at least ten years
Powers and Functions of the High Court
High Courts in India
In India, the High Court is the highest court in each state. The organization and powers of the High Courts are governed by Articles 214 to 231 of the Indian Constitution. The Parliament has the authority to create a single High Court that serves two or more states.
Example 1: Haryana, Punjab, and Chandigarh
- Haryana, Punjab, and the Union Territory of Chandigarh share a common High Court.
- This arrangement helps optimize resources and improve the efficiency of the judicial system in these regions.
Example 2: Northeastern states
- The northeastern states in India also have a single High Court.
- This helps in better administration of justice and streamlining legal processes in the region.
Example 3: Tamil Nadu and Puducherry
- Tamil Nadu and the Union Territory of Puducherry share a common High Court.
- This enables seamless legal proceedings and promotes uniformity in the application of laws in these areas.
Example 4: Maharashtra and Daman and Diu
- Maharashtra and the Union Territory of Daman and Diu share the Bombay High Court.
- The Bombay High Court, established in 1862, has jurisdiction over Maharashtra, Daman and Diu, as well as Dadra and Nagar Haveli.
- The division benches of the Bombay High Court are located in Mumbai, Aurangabad, and Nagpur.
The sharing of High Courts between states or territories offers several advantages. It helps save the construction and operational costs associated with building new High Courts. Also, it facilitates quicker dispensation of justice, reduces backlog of cases, and promotes uniformity in laws and regulations.
While each state in India has its own High Court, the sharing of High Courts between states or territories proves to be a practical and efficient approach towards delivering justice and managing legal affairs.
High Court Jurisdiction
The following is an overview of the High Court’s different types of jurisdiction:
Original Jurisdiction: it means that the applicant can directly go to High Court and not by means of appeals. This power is used in the following matters –
- Disputes arising out of relating to members of Parliament and state legislative assembly
- Relating to marriage, law, admiralty divorce, contempt of court, etc
- Enforcement of fundamental rights (Supreme Court also has this power)
- Cases transferred from other courts to themselves which involves a question of law
Appellate Jurisdiction
- In civil cases: a district court ruling may be appealed to the High Court.
- If the disagreement is over Rs. 5000/- or concerns a matter of fact or law, an appeal may be taken directly from the subordinate court
- It also applies to cases decided by Sessions and Additional Sessions Judges in criminal cases: If the session judge has sentenced anyone to seven years or more in jail
Whether a session judge has ruled in favor of capital punishment
- The High Court has authority over all lawsuits arising under state or federal law
- If the High Court certifies that a case contains a substantial question of law in a constitutional case
High Court Powers
As Court of Record:
- High Courts are also Courts of Record (like the Supreme Court)
- Subordinate courts may use the records of High Court judgments to make decisions in cases
- All High Courts have the authority to punish anyone or any organization for contempt of
Administrative Powers
- Supervises and monitors all the lower courts
- Has the authority to request information of proceedings from lower courts
- Establishes guidelines for the operation of the subordinate courts
- It has the power to move cases from one court to another, as well as to transfer cases to itself and rule on them
- The authority to investigate any subordinate court’s records or other related documents
- Also has the authority to hire its administrative staff and set their wages, allowances, and working conditions
Power of Judicial Review: High Courts have the power of judicial review. If a law or ordinance is found to be illegal under the Indian Constitution, they have the authority to declare it unconstitutional.
Important Terms related to High Courts in India
The High Court is the ultimate guardian of law and order in India. It serves as the highest authority on matters related to the administration of justice, and plays a critical role in safeguarding the fundamental rights of citizens. Let’s explore some of the most important terms related to High Courts in India.
Tribunal: Whether or not it is called a tribunal in its title, a tribunal is a word for someone operating in a judicial capacity. For example, an advocate standing before a Court with only one Judge could refer to that judge as “their tribunal.”
Permanent Bench: A permanent bench is made up of one or more High Court judges who sit all year at a different venue than the High Court’s permanent seat.
Jurisdiction: The jurisdiction of the High Court refers to the geographical area to which it has the power to administer justice. Each High Court has its own jurisdiction, which is usually determined by the state in which it is located.
Writs: A writ is a legal order issued by the High Court to enforce the fundamental rights of citizens. There are several types of writs that can be issued by the High Court, including habeas corpus, mandamus, and certiorari.
Appeal: An appeal is a request to have a higher court review a decision made by a lower court. The High Court is often the court of appeal for decisions made by lower courts and tribunals.
Sessions Court: The Sessions Court is a lower court that is responsible for trying criminal cases. Appeals from the Sessions Court are often made to the High Court.
Original Jurisdiction: The High Court also has original jurisdiction, which means that it can hear cases directly without requiring them to first be heard by a lower court.
Chief Justice: The Chief Justice is the head of the High Court and is responsible for the administration of justice within its jurisdiction. They are appointed by the President of India and serve until they reach retirement age.
Collegium System: The Collegium System is the process by which judges are appointed to the High Court and the Supreme Court. Under this system, a group of senior judges is responsible for making recommendations to the government regarding appointments.
Article 226: Article 226 of the Indian Constitution empowers the High Court to issue writs to any person or authority within its jurisdiction. This is an important provision that helps safeguard the rights of citizens.
Article 227: Article 227 of the Indian Constitution gives the High Court the power of superintendence over all lower courts and tribunals within its jurisdiction. This means that the High Court can issue orders and directions to these courts to ensure justice is served.
District Court: The District Court is the lower court that is responsible for trying civil cases. Appeals from the District Court can also be made to the High Court.
Circuit Bench: A Circuit Bench is for jurisdictions that are spread out but don’t have enough cases to warrant a full-fledged permanent bench. As a result, certain judges fly to these areas once or twice a year to hear all of the High Court appeals in that jurisdiction.
Division Bench: An argument is heard and judged by at least two judges in a Division Bench.
Full Bench: A full bench applies to a court of law with a larger number of judges than normal.
Conclusion
Having knowledge of the list of High Courts in India as per 2024 is essential for exam preparation. It enables a comprehensive understanding of the Indian judiciary system, its hierarchy, and the jurisdictions of each High Court. Studying and memorizing this list will undoubtedly prove beneficial for those pursuing a career in law and those appearing for competitive exams in the legal field.
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