High Court in India – UGC-NTA NET Political Science

The High Court is a very important institution within the Indian judiciary system. It serves as the highest court of a state, ensuring justice and upholding the Constitution. The High Court plays a critical role in protecting the fundamental rights of citizens. It acts as a guardian of the Constitution, making it essential for maintaining the rule of law in India.

Definition and Role

The High Court is the apex court in each state. It administers justice and resolves disputes. The High Court is responsible for interpreting laws and ensuring their proper application. It safeguards citizens’ rights and oversees the functioning of lower courts.

Constitutional Provisions

The establishment and functioning of High Courts are governed by several articles in the Constitution of India:

1. Article 214: Provides for the establishment of High Courts in states.
2. Article 215: Declares High Courts as courts of record.
3. Article 226: Empowers High Courts to issue writs for enforcing fundamental rights.
4. Article 227: Grants High Courts superintendence over all subordinate courts.

Composition

Each High Court consists of a Chief Justice and several other judges. The number of judges is determined by the President of India. The appointment process involves consultation with the Chief Justice of India and the Governor of the respective state.

Jurisdiction

The jurisdiction of High Courts can be classified into three categories:

• Original Jurisdiction: Cases that can be filed directly in the High Court.
• Appellate Jurisdiction: Appeals from lower courts, particularly District Courts.
• Writ Jurisdiction: Authority to issue writs like Habeas Corpus and Mandamus.

Powers

High Courts possess powers:

• They can review their own judgments.
• They can transfer cases between courts.
• They can issue guidelines in public interest matters.

High Court Structure

High Courts are organised into various benches:

• Single Judge Bench: Consists of one judge.
• Division Bench: Comprises two judges.
• Full Bench: Involves three or more judges.
• Special Benches: Handle specific matters like tax or service issues.

High Court Administration

The Chief Justice manages administrative functions. Each High Court can establish its own procedural rules. This autonomy aids in efficient case management.

Appointment and Tenure of Judges

Judges are appointed by the President of India. The retirement age for High Court judges is 62 years. Removal of judges can occur through impeachment by Parliament, ensuring accountability.

High Courts in India

India has 25 High Courts. Some notable ones include:

• Delhi High Court: Known for handling constitutional matters.
• Bombay High Court: One of the oldest, with extensive jurisdiction.
• Calcutta High Court: Established in 1862, it has historical significance.
• Madras High Court: Renowned for its landmark judgments.
• Karnataka High Court: Plays important role in regional legal matters.

Landmark Judgments

High Courts have delivered several landmark judgments:

• Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine.
• Maneka Gandhi v. Union of India (1978): Expanded interpretation of Article 21, enhancing personal liberty.
• Vishaka v. State of Rajasthan (1997): Laid down guidelines on sexual harassment at the workplace.

Judicial Review

High Courts exercise judicial review to ensure laws and executive actions comply with the Constitution. They can invalidate laws that infringe upon fundamental rights. This power reinforces the checks and balances within the legal system.

Public Interest Litigation (PIL)

High Courts can entertain Public Interest Litigations. PILs aim to protect the public interest and address issues affecting society at large. This mechanism allows citizens to seek justice for collective grievances.

Special Leave Petition (SLP)

Under Article 136, the Supreme Court can grant special leave to appeal against High Court judgments. This provision ensures that legal issues can be reviewed at the highest level.

Administrative Tribunals

High Courts have jurisdiction over administrative tribunals established under the Administrative Tribunals Act, 1985. These tribunals resolve disputes related to government services and employment.

Challenges and Criticisms

The High Court system faces several challenges:

• Backlog of Cases: A number of pending cases lead to delays in justice.
• Judicial Accountability: Concerns regarding transparency and accountability in the judiciary.
• Appointment Process: Criticism over the process of judicial appointments.

Recent Developments

Recent initiatives have aimed to improve the functioning of High Courts:

• E-Filing: Introduction of electronic filing of cases to streamline processes.
• Virtual Hearings: Adoption of technology for remote hearings, especially during the pandemic.
• Mediation and ADR: Initiatives to reduce case pendency through alternative dispute resolution methods.