Constitution of India | Part VI | Chapter V

Articles 214, 215 and 216: High Courts for States, Courts of Record and Constitution of High Courts

Articles 214 to 216 of the Constitution of India, 1950 establish the constitutional framework for State High Courts. They provide for High Courts, recognise their status as courts of record and prescribe their basic composition.

Article 214 - High Courts for States

Article 214 requires a High Court for each State. This does not mean that each State must have a separate and exclusive High Court: Article 231 expressly authorises Parliament to establish a common High Court for two or more States or for two or more States and a Union territory. The provisions must be read together.

High Courts form a vital part of the constitutional judicial structure, exercising jurisdiction assigned by the Constitution and applicable laws. In particular, Article 226 concerns their power to issue certain writs, while Article 227 concerns superintendence over courts and tribunals within their jurisdiction, subject to constitutional limits.

Article 215 - High Courts to be courts of record

A court of record is a superior court whose judicial proceedings and records are maintained as authoritative records and which possesses inherent powers associated with that status. Article 215 expressly recognises the power of every High Court to punish for contempt of itself.

What does contempt of court mean?

Under Section 2(b) of the Contempt of Courts Act, 1971, civil contempt concerns wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. Under Section 2(c), criminal contempt covers specified acts or publications that scandalise or tend to scandalise a court, prejudice or interfere with judicial proceedings, or obstruct or tend to obstruct the administration of justice.

The Act also recognises protections and limitations, including innocent publication, fair and accurate reporting of judicial proceedings, fair criticism of judicial acts and truth as a defence subject to statutory conditions. The High Court's contempt jurisdiction is constitutionally recognised; the 1971 Act provides an important statutory framework for its exercise. The Supreme Court has explained the constitutional character of this jurisdiction in its judgment discussing Article 215 and contempt powers.

Article 216 - Constitution of High Courts

Article 216 specifies that every High Court has a Chief Justice and other Judges appointed as the President considers necessary from time to time. Unlike a fixed numerical ceiling, the provision permits the sanctioned judicial strength to vary with requirements and lawful appointments.

Article 216 should be read alongside Article 217, which regulates the appointment and conditions of office of High Court Judges, and Articles 223, 224 and 224A, which deal respectively with acting Chief Justices, additional and acting Judges, and retired Judges sitting in High Courts. Appointment procedures also operate within the framework of binding Supreme Court decisions.

Related constitutional provisions

• Article 217: Appointment and conditions of the office of a Judge of a High Court.
• Article 219: Oath or affirmation by High Court Judges.
• Article 226: Power of High Courts to issue certain writs.
• Article 227: Power of superintendence over courts and tribunals.
• Article 231: Establishment of a common High Court for two or more States or for two or more States and a Union territory.

Official legal sources

For authoritative reference and subsequent amendments, consult the Legislative Department's Constitution and legislative documents, the Supreme Court of India's constitutional overview, and the India Code database for the Contempt of Courts Act, 1971. The constitutional text and judicial interpretations should be read together when considering a specific legal issue.

This article explains the constitutional provisions in general terms. The applicable statutory framework and binding judicial decisions govern individual cases.