Overview of High Courts
In each state and union territory, the High Courts of India are the primary civil courts with original jurisdiction. A high court's original civil and criminal jurisdiction, on the other hand, is exercised only when the subordinate courts are not allowed by law to hear such cases due to a lack of financial or geographical authority. If specified specifically in a state or federal statute, high courts may also have original jurisdiction in certain matters.
Most high courts' work consists primarily of appeals from subordinate courts and writ petitions filed under Articles 226 and 227 of the constitution. A high court's original jurisdiction is also known as writ jurisdiction. A district and sessions judge rule over each court district in each state. When presiding over a civil matter, he is known as a district judge, and when presiding over a criminal case, he is known as a session's judge.
All Indian courts, including high courts, are bound by the Supreme Court of India's judgements and directives under Article 141 of the constitution. Judges for such high courts are appointed by the President of India, in consultation with the Chief Justice of India and the governor of the state. On the Indian order of precedence, chief justices are ranked fourteenth (within their respective states) and seventeenth (outside their respective states). The number of judges in a court is computed by dividing the average institution of major cases over the previous five years by the national average, or by dividing the average rate of major case disposal per judge per year in that High Court.
List of the Total Number of High Courts in India
In India, there are a total of 25 high courts. The following is a list of High Courts for all states and union territories, along with their foundation year:
Powers and Functions of High Courts
The following are the jurisdiction and powers of the High Court:
Power to Issue Certain Writs: Writs of habeas corpus, mandamus, prohibition, quo-warranto, and certiorari: Every High Court has the authority to issue writs of habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of Fundamental Rights or any other reason.
Power of Superintendence: Every High Court has supervisory authority over all courts and tribunals in the regions over which it has jurisdiction.
Power to Transfer a Case: If the High Court is convinced that a case proceeding in a lower court contains a serious question of law involving the interpretation of the Constitution, the resolution of which is required for the case's resolution, the case shall be dismissed and the High Court may- either get rid of the case on its own; or decide the said issue of law and return the matter to the court from which it was dismissed, together with a copy of the court's decision on the question, and the said court shall continue to dispose of the case following that decision.
Consultation with the Governor in the appointment, posting, and promotion of District Judges: The Governor consults with the High Court in the appointment, posting, and promotion of District Judges. It is also considered when additional members of the State Judicial Service are appointed.
The High Court has authority over the district court and its subordinate courts, including the posting and promotion of, as well as the grant of leave to, people belonging to the judicial service of a State who occupy any office lower to that of a district judge.
Other original and appellate powers: According to the Codes of Civil and Criminal Procedure and the Letters of Patent, the High Court possesses original and appellate jurisdiction in civil and criminal cases.
Did You Know?
The latest high court in India is the Telangana Court and the Andhra Pradesh High Court, both created in 2019. A Chief Justice and several other justices are appointed by the President of India to each High Court.
On January 28, 1950, India's Supreme Court replaced the Federal Court of India, which was formed by the Government of India Act 1935, and the Privy Council, which was the country's highest judicial body during the British era.
The Supreme Court used to meet for 28 days a year, from 10 a.m. to 12 p.m. and then from 2 p.m. to 4 p.m. However, it now meets for 190 days a year.
Dr Rajendra Prasad, India's first President, laid the foundation stone for the Supreme Court building on October 29, 1954.
The structure's two east and west wings were constructed in 1979, and the last extension was added in 1994.
Fathima Beevi, who was appointed to the Supreme Court in 1959, was the first woman judge in India and Asia.
There are presently 34 judges on the Supreme Court of India, including the Chief Justice of India. It's worth noting that the original constitution set the number of judges at eight and left it up to parliament to raise the number as needed. It grew to 11 in 1960, 14 in 1968, 18 in 1978, 26 in 1986, and 31 in 2009.
Therefore, the Indian High Courts, as the state's judiciary, have supreme powers. It has a considerable influence on the country's legal system. It is one such organisation that ensures that decisions are made in a free and fair manner at the local and district levels.
FAQs on High Courts in India
1. What are the divisions of the High Court decision today?
The Queen's Bench Division, the Chancery Division, and the Family Division are the three divisions of the High Court. Every day, a schedule of proceedings in the High Court's divisions is provided.
2. What are the high court updates in 2021?
Final Seniority Lists for Assistant Section Officers and Clerks, Group 'C' Officials working on the formation of the High Court, Appellate Side, Bombay, as of January 1, 2021.
3. How many judges are there in the Delhi High Court?
The High Court of Delhi's sanctioned strength of judges is now 45 Permanent Judges and 15 Additional Judges. Their biographies may be found on the High Court of Delhi's website under the heading "Sitting Judges".
4. Does Bombay High Court have original jurisdiction?
The High Court of Bombay is the highest in India, with jurisdiction over the states of Maharashtra and Goa, as well as the union territories of Dadra and Nagar Haveli and Daman and Diu. In addition to its Appellate jurisdiction, the court has Original Jurisdiction.
5. Which is the latest high court in India?
The Telangana Court and the Andhra Pradesh High Court, both created in 2019, are the newest High Courts.