India is a democratic country and follows a federal structure of governance where power is divided between the central government and the state governments. To administer justice and uphold the rule of law, India’s judiciary consists of a hierarchical system, with the High Courts playing a crucial role. In this article, we will explore the establishment, structure, jurisdiction, and significance of High Courts in India.
Establishment and Structure
High Courts were established under the Indian High Courts Act, 1861, which aimed to provide a separate judicial system for British India. Currently, there are 25 High Courts in India, with each state having its own High Court, except for some Union Territories, which share a High Court. For instance, Delhi and Chandigarh share the Punjab and Haryana High Court.
The Chief Justice heads each High Court, and the President of India appoints them. Additionally, each High Court may have several other judges, the number of which is determined by the President. High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the respective state or Union Territory.
Jurisdiction:
- Original Jurisdiction: High Courts have original jurisdiction in some cases that originate within their territorial boundaries. They can hear disputes relating to certain subjects such as revenue, company law, and admiralty, among others.
- Appellate Jurisdiction: The primary function of High Courts is to hear appeals from lower courts within their jurisdiction. They have the power to review judgments of District Courts and other subordinate courts.
- Writ Jurisdiction: One of the essential features of High Courts is their power to issue writs. These writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs are instrumental in safeguarding the fundamental rights of individuals.
- Superintendence: High Courts have supervisory powers over all courts and tribunals within their territorial jurisdiction. They can issue directions to ensure the proper functioning of the lower courts.
Role and Significance:
- Guardian of the Constitution: High Courts play a vital role in interpreting and safeguarding the Constitution of India. They ensure that laws passed by the government do not violate the fundamental rights of citizens.
- Protection of Fundamental Rights: High Courts have the authority to protect the fundamental rights enshrined in the Constitution. When an individual’s fundamental rights are violated, they can approach the High Court through writ petitions seeking redressal.
- Resolving Disputes: High Courts act as appellate courts, reviewing decisions made by lower courts. They ensure that justice is delivered and that errors made by subordinate courts are rectified.
- Checking Executive Actions: High Courts can examine the actions of the executive and ensure that they do not exceed their legal authority. This power ensures a system of checks and balances within the Indian democratic setup.
Conclusion:
High Courts in India are the backbone of the country’s judicial system. They act as guardians of the Constitution and protect the fundamental rights of citizens. With their extensive jurisdiction, they play a pivotal role in delivering justice and upholding the rule of law. The independence and effectiveness of High Courts are crucial to maintaining the integrity and credibility of India’s judicial system.
S. No. | High Court | Jurisdiction | Established |
---|---|---|---|
1. | Allahabad High Court | Uttar Pradesh | 1866 |
2. | Bombay High Court | Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu | 1862 |
3. | Calcutta High Court | West Bengal, Andaman and Nicobar Islands | 1862 |
4. | Delhi High Court | Delhi | 1966 |
5. | Madras High Court | Tamil Nadu, Puducherry | 1862 |
6. | Karnataka High Court | Karnataka | 1884 |
7. | Kerala High Court | Kerala, Lakshadweep | 1956 |
8. | Punjab and Haryana High Court | Punjab, Haryana, Chandigarh | 1947 |
9. | Rajasthan High Court | Rajasthan | 1949 |
10. | Andhra Pradesh High Court | Andhra Pradesh, Telangana | 1954 |
11. | Gujarat High Court | Gujarat | 1960 |
12. | Madhya Pradesh High Court | Madhya Pradesh | 1956 |
13. | Orissa High Court | Odisha | 1948 |
14. | Chhattisgarh High Court | Chhattisgarh | 2000 |
15. | Jharkhand High Court | Jharkhand | 2000 |
16. | Patna High Court | Bihar | 1916 |
17. | Jammu and Kashmir High Court | Jammu and Kashmir | 1928 |
18. | Sikkim High Court | Sikkim | 1975 |
19. | Uttarakhand High Court | Uttarakhand | 2000 |
20. | Manipur High Court | Manipur | 2013 |
21. | Meghalaya High Court | Meghalaya | 2013 |
22. | Tripura High Court | Tripura | 2013 |
23. | Nagaland High Court | Nagaland | 2015 |
24. | Aizawl Bench of Gauhati High Court | Mizoram | 2013 |
25. | Arunachal Pradesh High Court | Arunachal Pradesh | 2013 |