How Many High Courts Are There in India: The High Courts of India play a pivotal role in the country’s judicial system, serving as the highest judicial bodies at the state level. Established under the Constitution of India, these courts administer justice, interpret laws, and have jurisdiction over civil and criminal matters within their respective states or union territories. As of December 18, 2020, there are 25 High Courts in India, each with its own Chief Justice and appointed judges, working under the supervision of the Supreme Court of India.
Key Takeaways
- There are currently 25 High Courts in India, each serving as the highest judicial body at the state level.
- High Courts have jurisdiction over civil and criminal matters within their respective states or union territories.
- Judges of the High Courts, including the Chief Justice, are appointed by the President of India in consultation with other judicial authorities.
- High Courts function under the supervision and guidance of the Supreme Court of India.
- These courts play a crucial role in administering justice, interpreting laws, and handling appellate cases from subordinate courts and tribunals.
The Role of High Courts in India’s Judiciary
The High Courts of India are the highest judicial bodies at the state level in the Indian judicial system. They are set up under the provisions of the Constitution of India. They serve as the principal courts of original and appellate jurisdiction within their respective states or union territories. The High Courts are responsible for administering justice, interpreting laws, and ensuring their adherence to the Constitution.
Jurisdiction and Powers
High Courts possess the authority to issue writs for the enforcement of fundamental rights and other legal remedies. They are responsible for interpreting state laws, ensuring their adherence to the Constitution, and providing judicial review over legislative and executive actions. High Courts of India also exercise supervisory jurisdiction over subordinate courts and tribunals.
Appointment of Judges
Each High Court comprises a Chief Justice and puisne judges appointed by the President of India in consultation with the Chief Justice of India and the Governor of the respective state. The appointment process ensures a balance of power and maintains judicial independence.
High Courts vs. Supreme Court
While the High Courts are the highest courts at the state level, they act under the Supreme Court’s supervision, guidance, and control. The Supreme Court can overrule decisions made by the High Courts, ensuring a unified judicial system across the country.
Historical Evolution of High Courts in India
Colonial Era Beginnings
The history of High Courts in India dates back to the colonial era. The Calcutta High Court, established in 1862, was the first high court in the country. It was soon followed by the Bombay High Court and the Madras High Court in the same year. These courts were set up under the Indian High Courts Act of 1861, which laid the foundation for the modern judicial system in India.
Post-Independence Developments
After India gained independence in 1947, the judicial system underwent significant changes. The Constitution of India, adopted in 1950, provided for the establishment of high courts in each state. Over the years, new high courts were established to cater to the growing needs of the population. For instance, the Andhra High Court and Telangana High Court were established on 1 January 2019, according to the Andhra Pradesh Reorganisation Act, 2014.
Recent Changes and Additions
In recent years, there have been several changes and additions to the high courts in India. New high courts have been established, and existing ones have been restructured to improve efficiency and accessibility. The judiciary continues to evolve to meet the demands of a rapidly changing society.
The evolution of high courts in India reflects the country’s journey from colonial rule to a vibrant democracy. These courts have played a crucial role in administering justice and upholding the rule of law.
Understanding the Structure of High Courts
Chief Justice and Puisne Judges
The High Courts in India are headed by a Chief Justice, who is appointed by the President of India. Alongside the Chief Justice, there are several puisne judges, who are also appointed by the President. The Chief Justice plays a crucial role in the administration of the court and in the allocation of cases to different benches.
Permanent and Circuit Benches
High Courts may have permanent benches located in the principal seat of the court, as well as circuit benches that operate in different locations within the jurisdiction. This ensures that justice is accessible to people living in various parts of the state or union territory.
Administrative Functions
Apart from their judicial functions, High Courts also have significant administrative responsibilities. They oversee the functioning of subordinate courts and tribunals within their jurisdiction. This includes the appointment, transfer, and promotion of judicial officers, as well as ensuring that the courts operate efficiently and effectively.
High Courts safeguard and protect the fundamental rights of individuals. They entertain petitions and issue writs for the enforcement of fundamental rights.
List of High Courts in India
State-wise Distribution
India has a total of 25 High Courts. These courts are the highest judicial bodies in their respective states and union territories. They handle all civil and criminal matters within their jurisdiction.
Here’s a list of High Courts in India:
| State/Union Territory | High Court |
|---|---|
| Uttar Pradesh | Allahabad High Court |
| Andhra Pradesh | Andhra Pradesh High Court |
| Maharashtra | Bombay High Court |
| West Bengal | Calcutta High Court |
| Chhattisgarh | Chhattisgarh High Court |
| Delhi | Delhi High Court |
| Assam | Gauhati High Court |
Union Territories with High Courts
Some Union Territories have their own High Courts, while others share jurisdiction with nearby states. For example, Delhi has its own High Court, while Chandigarh falls under the jurisdiction of the Punjab and Haryana High Court.
Shared Jurisdictions
In some cases, a single High Court serves more than one state or union territory. For instance, the Bombay High Court has benches in Nagpur, Aurangabad, and Goa, serving different regions within its jurisdiction.
The structure of High Courts in India ensures that justice is accessible to people across the country, regardless of their location.
Significance of High Courts in the Indian Legal System
High Courts act as courts of law, hearing and deciding cases on various legal matters. This includes civil, criminal, and constitutional issues. They serve as the principal courts of original and appellate jurisdiction within their respective states or union territories. High Courts possess the authority to issue writs for the enforcement of fundamental rights and other legal remedies.
The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. High Courts also exercise supervisory jurisdiction over subordinate courts and tribunals. They ensure that the actions of the executive and legislative branches of government are in accordance with the Constitution and the law.
High Courts are responsible for interpreting state laws, ensuring their adherence to the Constitution, and providing judicial review over legislative and executive actions. They safeguard and protect the fundamental rights of individuals. They entertain petitions and issue writs for the enforcement of fundamental rights.
The High Courts of India are the highest judicial bodies at the state level in the Indian judicial system. They are set up under the provisions of the Constitution of India.
Challenges Faced by High Courts in India
Case Backlogs
One of the most pressing issues confronting India’s judicial system is the pendency of cases. With more than four crore cases pending across all courts in India, the High Courts are no exception. This backlog can be attributed to several factors, including the absence of judges and the time it takes to get justice. The delay in the administration of justice is a serious flaw that needs immediate attention.
Infrastructure Issues
The infrastructure of many High Courts is inadequate to handle the volume of cases they receive. Many courts lack basic facilities, which hampers their functioning. This inadequacy not only affects the efficiency of the courts but also the comfort and convenience of the litigants and lawyers who use these facilities daily.
Judicial Vacancies
High vacancies across all levels of the judiciary, including the High Courts, contribute significantly to the delays and rising number of pending cases. The vacancy of judges means there are not enough judges to hear and decide cases promptly. This shortage is a critical issue that exacerbates the problem of case backlogs.
The Indian legal system has failed to bring justice in a timely manner. One of the most serious flaws in the judicial system has been the time it takes to get justice.
The challenges faced by the High Courts in India are multifaceted and require comprehensive solutions to ensure the efficient administration of justice.
How High Courts Impact Everyday Life
Landmark Judgments
High Courts in India have delivered numerous landmark judgments that have significantly impacted society. These judgments often address critical issues such as fundamental rights, social justice, and public policy. For instance, High Courts have played a pivotal role in cases related to environmental protection, gender equality, and freedom of speech.
Public Interest Litigations
Public Interest Litigations (PILs) are a powerful tool for social change, and High Courts frequently entertain such cases. PILs allow individuals or groups to file petitions on behalf of those who may not have the means to do so themselves. This mechanism has led to significant reforms in areas like education, healthcare, and human rights.
Access to Justice
High Courts ensure that justice is accessible to all, regardless of their socio-economic status. They provide a platform for the enforcement of legal and fundamental rights, making it easier for people to seek redressal for their grievances. High Courts also have the power of judicial review, ensuring that the actions of the executive and legislative branches are in accordance with the Constitution and the law.
The role of High Courts in safeguarding the rights of individuals and ensuring justice cannot be overstated. They act as a crucial check on the powers of the government and play a vital role in maintaining the rule of law.
Case Backlogs
One of the significant challenges faced by High Courts is the backlog of cases. This issue often leads to delays in the delivery of justice, affecting the lives of many individuals who are awaiting the resolution of their legal matters. Efforts are being made to address this problem through various judicial reforms and the introduction of technology in court proceedings.
Infrastructure Issues
High Courts also face infrastructure issues, which can hinder their efficient functioning. Inadequate facilities, lack of modern technology, and insufficient staff are some of the common problems. Addressing these issues is essential for the smooth operation of the judiciary and the timely delivery of justice.
Judicial Vacancies
Another challenge is the high number of judicial vacancies in High Courts. This shortage of judges contributes to the backlog of cases and delays in judicial proceedings. Filling these vacancies is crucial for improving the efficiency of the judiciary and ensuring that justice is delivered promptly.
Conclusion
In conclusion, the High Courts of India play a pivotal role in the country’s judicial system. With 25 High Courts spread across various states and union territories, they serve as the highest judicial bodies at the state level, ensuring justice and the rule of law. Each High Court operates under the guidance of the Supreme Court and is composed of a Chief Justice and other judges appointed by the President of India. Understanding the structure and function of these courts is essential for grasping the broader framework of the Indian judiciary. Whether you’re a student preparing for exams or simply someone interested in the legal system, knowing about the High Courts provides valuable insight into how justice is administered in India.
Frequently Asked Questions
How many High Courts are there in India?
There are 25 High Courts in India as of December 18, 2020. These High Courts, along with the Supreme Court of India, form the Indian Judicial System.
What is the role of High Courts in India?
High Courts in India serve as the highest judicial bodies at the state level. They handle civil and criminal cases, act as appellate courts, and interpret laws within their jurisdictions.
How are judges of the High Courts appointed?
Judges of the High Courts are appointed by the President of India after consulting the Chief Justice of India, the Chief Justice of the respective High Court, and the Governor of the state.
What is the difference between the Supreme Court and High Courts?
The Supreme Court is the highest judicial body in India, while High Courts are the highest judicial bodies at the state level. The Supreme Court has nationwide jurisdiction, whereas High Courts have jurisdiction over their respective states or union territories.
How many High Courts have jurisdiction over more than one state or union territory?
Six High Courts in India have jurisdiction over more than one state or union territory. For example, the High Court of Punjab and Haryana serves both states.
What kind of cases do High Courts handle?
High Courts handle a wide range of cases, including civil and criminal matters. They also serve as appellate courts for decisions from subordinate courts and tribunals within their jurisdictions.