State Judiciary in India: High Courts and Subordinate Courts

Article 214 - High Courts for States

Article 214 provides that there shall be a High Court for each State. The constitutional scheme must be read with Article 231, which permits a common High Court for two or more States or for States and a Union Territory.

India presently has 25 High Courts. Historically, the High Courts at Calcutta, Bombay and Madras were established in 1862. The Delhi High Court was established in 1966. Separate High Courts for Andhra Pradesh and Telangana began functioning from 1 January 2019 after the earlier common High Court was bifurcated.

Article 215 - High Court as a Court of Record

Every High Court is a court of record and possesses all powers of such a court, including the power to punish for contempt of itself. A court of record preserves its acts and judicial proceedings as authoritative records.

Article 216 - Constitution of a High Court

Every High Court consists of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

Article 217 - Appointment and Conditions of Office of High Court Judges

A High Court Judge is appointed by the President by warrant under his hand and seal after the constitutionally required consultation process. The consultation includes the Chief Justice of India and the Governor of the State and, for appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court concerned.

A permanent High Court Judge holds office until the age of 62 years. A Judge may resign by writing addressed to the President. Removal is governed by Article 217 read with Article 218 and the procedure referred to in Article 124(4).

A person is qualified for appointment as a High Court Judge if the person is a citizen of India and has for at least ten years held a judicial office in the territory of India, or has for at least ten years been an advocate of a High Court or of two or more such Courts in succession.

Article 218 - Certain Supreme Court Provisions Applied to High Courts

Article 218 applies specified provisions relating to the Supreme Court to High Courts. It is particularly relevant to the constitutional procedure for removal of a High Court Judge.

Article 219 - Oath or Affirmation by High Court Judges

A person appointed as a Judge of a High Court must, before entering office, make and subscribe an oath or affirmation before the Governor of the State or a person appointed by the Governor for that purpose.

Article 220 - Restriction on Practice after Being a Permanent Judge

A person who has held office as a permanent Judge of a High Court after the commencement of the Constitution is restricted from pleading or acting in any court or before any authority in India except the Supreme Court and other High Courts, subject to the constitutional text.

Article 221 - Salaries and Allowances of Judges

Judges of each High Court are entitled to salaries and to such allowances and rights in respect of leave and pension as may be determined by or under law made by Parliament, subject to the constitutional safeguards contained in Article 221.

Article 222 - Transfer of a Judge from One High Court to Another

The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to another.

Article 223 - Acting Chief Justice

When the office of Chief Justice of a High Court is vacant, or the Chief Justice is unable to perform the duties of office, the President may appoint one of the other Judges of that High Court to perform those duties.

Article 224 - Additional and Acting Judges

The President may appoint additional Judges when there is a temporary increase in the business of a High Court or arrears of work. An additional Judge may be appointed for a period not exceeding two years. Article 224 also provides for acting Judges in specified circumstances. No additional or acting Judge may hold office after attaining 62 years of age.

Article 224A - Retired Judges at Sittings of High Courts

The Chief Justice of a High Court may, with the previous consent of the President, request a person who has held the office of Judge of that High Court or of any other High Court to sit and act as a Judge of the High Court. The retired Judge must consent to do so.

Article 225 - Jurisdiction of Existing High Courts

Article 225 preserves the jurisdiction of, and the law administered in, existing High Courts subject to the Constitution and laws made by the appropriate Legislature. It concerns the continuity and constitutional regulation of High Court jurisdiction rather than creating a general new original jurisdiction.

Article 226 - Power of High Courts to Issue Writs

Article 226 empowers every High Court to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose. The jurisdiction is therefore wider in subject matter than Article 32, although it remains subject to constitutional and judicial principles governing writ relief.

Article 227 - Superintendence over Courts and Tribunals

Every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, subject to the constitutional exception concerning courts or tribunals constituted by or under a law relating to the Armed Forces.

Article 228 - Transfer of Certain Cases to the High Court

If a case pending in a court subordinate to a High Court involves a substantial question of law as to the interpretation of the Constitution and determination of that question is necessary for disposal of the case, the High Court may withdraw the case. It may dispose of the case itself or determine the constitutional question and return the case to the subordinate court for disposal in conformity with its judgment.

Article 229 - Officers, Servants and Expenses of High Courts

Appointments of officers and servants of a High Court are made by the Chief Justice of the Court or by such other Judge or officer as the Chief Justice may direct, subject to Article 229. Administrative expenses of a High Court, including salaries and allowances of its officers and servants, are charged upon the Consolidated Fund of the State.

Article 230 - High Court Jurisdiction over Union Territories

Parliament may by law extend the jurisdiction of a High Court to a Union Territory or exclude the jurisdiction of a High Court from a Union Territory. Accordingly, several Union Territories fall within the territorial jurisdiction of High Courts serving adjoining States, while Delhi has its own High Court.

Article 231 - Common High Court for Two or More States

Parliament may by law establish a common High Court for two or more States or for two or more States and a Union Territory. This provision explains why the constitutional statement in Article 214 does not require 28 separate High Courts for the 28 States.

Article 233 - Appointment of District Judges

Appointments, posting and promotion of district judges in a State are made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to that State.

A person not already in the service of the Union or a State is eligible to be appointed a district judge only if the person has been for not less than seven years an advocate or pleader and is recommended by the High Court for appointment.

Article 233A - Validation of Certain District Judge Appointments and Judgments

Article 233A validates certain appointments, postings, promotions and transfers of district judges, and certain judgments, decrees, sentences and orders delivered or made by them before the commencement of the Constitution (Twentieth Amendment) Act, 1966, notwithstanding specified defects relating to Articles 233 or 235.

Article 234 - Recruitment to Judicial Service below the District Judge Level

Appointments of persons other than district judges to the judicial service of a State are made by the Governor in accordance with rules made after consultation with the State Public Service Commission and the High Court exercising jurisdiction in relation to the State.

The provision concerns recruitment to the State judicial service. It should not be read as a general constitutional provision for appointment of public prosecutors or district attorneys.

Article 235 - Control over Subordinate Courts

Control over district courts and courts subordinate to them, including posting, promotion and grant of leave to members of the State judicial service holding posts inferior to district judge, is vested in the High Court, subject to the qualifications stated in Article 235.

Article 236 - Interpretation

Article 236 defines expressions used in this Chapter. The expression "district judge" includes several designated judicial offices, while "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to that post.

Article 237 - Application to Certain Classes of Magistrates

The Governor may by public notification apply the provisions of this Chapter, and rules made under it, to any class or classes of magistrates in the State, subject to specified exceptions and modifications.

How many High Courts are there in India?

India has 25 High Courts. Some High Courts have jurisdiction over more than one State or Union Territory.

Which Articles deal with High Courts in the States?

Articles 214 to 231 in Part VI, Chapter V of the Constitution deal with High Courts in the States.

Which Articles deal with subordinate courts?

Articles 233 to 237 in Part VI, Chapter VI deal with subordinate courts.