The High Court in India is a vital part of the country’s judicial system. It serves as a court of both original and appellate jurisdiction for the respective states and union territories in India. The High Court in India is a constitutional court and derives its powers and authority from the Indian Constitution.
History of the High Court in India
The first High Court in India was established in 1862 in Calcutta (now Kolkata) and was followed by the establishment of High Courts in Bombay (now Mumbai) and Madras (now Chennai) in 1865. Today, there are a total of 25 High Courts in India, with each state and union territory having its High Court.
Jurisdiction of the High Court in India
The High Court in India has a wide range of powers and jurisdiction, which include the following:
- Original Jurisdiction: The High Court in India has the power to hear cases of civil and criminal nature that have not been previously heard in any other court. This power is known as the original jurisdiction of the High Court.
- Appellate Jurisdiction: The High Court in India also has appellate jurisdiction over subordinate courts, which means that it can hear appeals against the decisions of lower courts.
- Writ Jurisdiction: The High Court in India has the power to issue writs under Article 226 of the Indian Constitution. These writs include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
- Advisory Jurisdiction: The High Court in India also has an advisory jurisdiction, which means that it can give advice to the President of India or the Governor of a state on matters of law.
Composition of the High Court in India
The High Court in India is composed of a Chief Justice and several other judges. The number of judges in a High Court is determined by the President of India, who can increase or decrease the number of judges as per the requirement of the court.
The Chief Justice is appointed by the President of India in consultation with the Chief Justice of India and the Governor of the state. Other judges are appointed by the President of India in consultation with the Chief Justice of India, the Chief Justice of the concerned High Court, and the Governor of the state.
Conclusion
In conclusion, the High Court in India plays a crucial role in the Indian judicial system. Its powers and jurisdiction are vast, and it serves as a vital institution for the protection of citizens’ rights and the dispensation of justice. The High Court in India’s independence and impartiality are crucial for maintaining the rule of law and upholding the Indian Constitution.