High Court

Every High Court consisted of a Chief Justice and such other Judges as the President may from time to time deemed necessary to appoint. Thus the Constitution does not specify the strength of a High Court and leaves it to the direction of the President. Accordingly, the President determines the strength of a High Court from time to time depending upon the workload.

The Constitution of India provides a High Court for every state, but the 7th Amendment Act 1956 authorized the Parliament to establish a common High Court for two or more states or a state and a union territory.

The territorial jurisdiction of a high court is co-terminus with the territory of a state. There are 25 High Courts in India as of 2019.

Appointment of Judges:-

• Under Article 217, the judges of the High Court are appointed by the President.

• The Chief Justice of the High Court is appointed by the President after consultation with the Chief Justice of Supreme Court and the Governor of the concerned state.

Qualification of Judges:- One should be a:

• citizen of India.

• have held a judicial office in the territory of India for 10 years; or

• have been an advocate of a High Court for 10 years.

Tenure:- Holds Office until he attains the age of 62 years.


• He can resign his office by writing in his hand to the President.

• He can be removed from his office at the recommendation of the President.

• He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another High Court.

Salaries and Allowances:-

• Determined by Parliament from time to time.

Independence of High Court:- Following provisions are made to safeguard and ensure the independence of the High Court:

• Mode of Appointment

• Security of tenure

• Fixed service conditions

• Expenses charged on the consolidated fund of state

• Conduct of judges cannot be discussed

• Power to punish for its contempt

• Freedom of appointment of his staff

• Its jurisdiction cannot be curtailed

• Separate from executive

Jurisdiction and Powers of High Court:- At present, a High Court enjoys the following is the jurisdiction and powers:

• Original Jurisdiction

• Writ Jurisdiction(Article 226)

• Appellate Jurisdiction

• Supervisory Jurisdiction

• Control over Subordinate courts

• A court of record

• Powers of Judicial review

The Supreme Court can issue a writ jurisdiction, only where a fundamental right has been infringed. High Court can issue these writs under Article 226 not only in such cases but also where an ordinary legal right has been infringed. High Court does not have advisory powers as in the case of the Supreme Court.

Appointment of District Judges:- The appointment, posting, and promotion of a district judge in a state are made by the Governor of the concerned state in consultation with the High Court.

A person to be appointed as District judge should have the following:

• He should not already be in the service of the Union or the State Government.

• He should have been an advocate pleader for 7 years

• He should be recommended by the High Court.