1. Composition of a High Court
- A Chief Justice and such other judges as the President decides from time to time; no fixed number.
- Additional judges for a temporary rise in work (up to two years); acting judges during absence (Article 224).
- Common High Court: Parliament may provide one for two or more States or Union Territories (Article 231).
| Part of the High Court | Who decides or how |
|---|---|
| Chief Justice | One for each High Court |
| Other judges | As many as the President decides from time to time |
| Additional judges | For a temporary rise in work, up to 2 years |
| Acting judges | While a permanent judge is absent |
| Common High Court | Parliament may provide one for two or more States (Article 231) |
Key terms
- Additional judge
A judge appointed for up to two years to clear arrears or extra work.
- Common High Court
One High Court serving two or more States or Union Territories.
2. Qualifications, appointment, transfer and removal
- Qualifications: citizen of India; ten years in a judicial office in India or ten years as an advocate of a High Court. No minimum age; retirement at 62.
- Appointment: by the President after consulting the Chief Justice of India, the Governor and the Chief Justice of the High Court; in practice names come from a collegium of senior judges (since the 1990s). Oath before the Governor.
- Transfer: by the President after consulting the Chief Justice of India (Article 222).
- Removal: as for a Supreme Court judge: an address by each House of Parliament supported by a majority of its total membership and two-thirds of those present and voting, on proved misbehaviour or incapacity; order by the President.
| Condition | Requirement |
|---|---|
| Citizenship | Citizen of India |
| Experience, route 1 | At least 10 years in a judicial office in India |
| Experience, route 2 | At least 10 years as an advocate of a High Court |
| Retirement | At the age of 62 |
| In each House (example) | Members needed |
|---|---|
| Majority of total membership (543) | 272 |
| Two-thirds of 480 present and voting | 320 |
| Both conditions met when 480 vote | 320 |
Key terms
- Collegium
A group of senior judges whose recommendation is followed in appointing judges.
- Special majority
A majority of total membership plus two-thirds of members present and voting.
3. Independence of High Court judges
- Appointment by the President with judicial consultation, not by the State government.
- Security of tenure till 62; removal only through Parliament.
- Salaries charged on the Consolidated Fund of the State; cannot be reduced during the term except in a financial emergency.
- A retired permanent judge may not plead before the same High Court (only the Supreme Court and other High Courts).
Key terms
- Security of tenure
Protection of a judge's term against removal except by a difficult constitutional procedure.
4. Jurisdiction and writs
- Original: writs under Article 226; election petitions for Parliament and the State Legislature; in some High Courts certain civil matters.
- Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto. Article 226 covers Fundamental Rights and any other purpose (wider than Article 32, which covers Fundamental Rights only; Article 32 is itself a Fundamental Right).
- Appellate: civil appeals from the District Judge and other civil courts; criminal appeals from the Sessions Court; confirmation of death sentences.
- Revisory and supervisory: revision of decided cases where no appeal lies; superintendence over all courts and tribunals (except military) under Article 227.
- Judicial review: laws and executive orders declared void if unconstitutional.
- Court of Record (Article 215): judgements preserved and cited as precedents; binding on lower courts; power to punish for contempt.
- No advisory jurisdiction.
| Writ | Literal idea | Used when |
|---|---|---|
| Habeas corpus | Produce the body | A person is detained unlawfully |
| Mandamus | We command | A public authority fails in its duty |
| Prohibition | Stop | A lower court goes beyond its powers in a pending case |
| Certiorari | To be informed | A lower court's order is quashed after decision |
| Quo warranto | By what authority | A person holds a public office without right |
| Point | High Court (Article 226) | Supreme Court (Article 32) |
|---|---|---|
| Purpose | Fundamental Rights and any other purpose | Fundamental Rights only |
| Area | Within its territory | The whole of India |
| Nature | Discretionary | Itself a Fundamental Right |
| Original jurisdiction | Example |
|---|---|
| Writs (Article 226) | Fundamental Rights and other legal rights |
| Election petitions | Disputes over elections to Parliament or the State Legislature |
| Some civil matters (in some High Courts) | Certain admiralty, company or matrimonial cases |
| Power | What it allows |
|---|---|
| Revisory | Call for the record of a decided case where no appeal lies and correct errors of jurisdiction |
| Superintendence (Article 227) | Supervise all courts and tribunals in its territory, except military tribunals |
| Transfer | Take up a case raising a substantial question of constitutional law |
| Court of Record (Article 215) | Judicial review |
|---|---|
| Judgements preserved as records | Laws and executive orders tested against the Constitution |
| Cited as precedents; bind lower courts | Unconstitutional laws declared void |
| Power to punish for contempt of itself | Protects Fundamental Rights and the federal balance |
Key terms
- Original jurisdiction
The power to hear a case for the first time.
- Revisory jurisdiction
The power to call for and correct a lower court's decided case where no appeal lies.
- Court of Record
A court whose judgements are preserved as authoritative records and which can punish contempt.
5. Subordinate courts: District Judge and Sessions Court
- District Judge: appointed by the Governor in consultation with the High Court (Article 233); direct appointment from the Bar needs seven years as an advocate. Hears civil appeals from lower courts, tries important civil suits, supervises civil courts.
- Sessions Court: tries serious crimes (murder, robbery, dacoity); hears appeals from magistrates; can pass any lawful sentence, but a death sentence must be confirmed by the High Court (criminal procedure law; the Bharatiya Nagarik Suraksha Sanhita, 2023, replaced the Code of Criminal Procedure from 1 July 2024 and keeps this rule).
- The same officer is usually the District Judge for civil work and the Sessions Judge for criminal work.
| Point | District Judge | Sessions Judge |
|---|---|---|
| Kind of case | Civil | Criminal |
| Examples | Property, contracts, succession | Murder, dacoity, robbery |
| Appeals heard from | Lower civil courts | Magistrates' courts |
| Next appeal | High Court | High Court |
| Court of the District Judge | Detail |
|---|---|
| Appointed by | The Governor, in consultation with the High Court (Article 233) |
| Direct appointment from the Bar | At least 7 years as an advocate |
| Work | Civil appeals from lower courts; important civil suits; supervision of civil courts |
| Sessions Court | Detail |
|---|---|
| Cases | Serious crimes such as murder, robbery and dacoity |
| Sentences | Any lawful sentence; a death sentence needs High Court confirmation |
| Appeals | From judgements of magistrates' courts in the district |
Key terms
- District Judge
The highest civil judicial officer of a district.
- Sessions Judge
The judge who tries serious criminal cases in a district.
6. Lok Adalats
- Meaning: a people's court that settles disputes by compromise. Lok Adalats began in the early 1980s and were given statutory status by the Legal Services Authorities Act, 1987.
- Working: a bench, usually a serving or retired judicial officer with a lawyer or social worker; cases pending in courts or at the pre-litigation stage; mainly civil and compoundable matters.
- Status of awards: deemed decree of a civil court; final and binding; no appeal.
- Advantages: no court fee (fee refunded on settlement of a pending case); speed; informality; finality; goodwill; reduces backlog.
- Limits: needs consent of both sides; not for serious non-compoundable crimes.
| Advantage | Why it matters |
|---|---|
| No court fee | Fee paid on a pending case is refunded on settlement |
| Speed | Many cases settled in one sitting |
| Informal | Parties can speak freely, often in their own language |
| Finality | No appeal; the matter ends |
| Goodwill | A compromise keeps relations between the parties |
| Limitation | Example |
|---|---|
| Needs both sides to agree | A party who refuses must go back to the regular court |
| Not for serious crimes | Offences that cannot be compromised, such as murder |
| Pressure to settle | A weaker party may accept less than is due |
Key terms
- Lok Adalat
A people's court that settles disputes by mutual agreement.
- Pre-litigation
A dispute settled before a case is filed in court.
Exam tips
Common mistakes
- Saying the Governor appoints High Court judges (he appoints District Judges; the President appoints High Court judges).
- Giving High Court judges a minimum age, or a retirement age of 65.
- Claiming that High Courts give advisory opinions.
- Mixing up prohibition (pending case) and certiorari (decided case).
- Calling the Sessions Court a civil court.
- Saying an appeal lies against a Lok Adalat award.
How marks are usually awarded
- 1-mark items: one correct option or term.
- 2 marks: two distinct points.
- 10-mark questions in 3 + 3 + 4 parts: one point per mark; the last part usually asks for a comparison, a reason or an evaluation.