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The High Courts and Subordinate Courts — notes

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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).
Table of the composition of a High Court: a Chief Justice, other judges whose number the President fixes, additional judges for up to two years, acting judges during absence, and a common High Court for two or more States
Part of the High CourtWho decides or how
Chief JusticeOne for each High Court
Other judgesAs many as the President decides from time to time
Additional judgesFor a temporary rise in work, up to 2 years
Acting judgesWhile a permanent judge is absent
Common High CourtParliament may provide one for two or more States (Article 231)
Hierarchy of courts in a State (schematic, not every court shown).

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.
Table of qualifications of a High Court judge: Indian citizenship and either ten years of judicial office or ten years as a High Court advocate; retirement at sixty-two; no minimum age
ConditionRequirement
CitizenshipCitizen of India
Experience, route 1At least 10 years in a judicial office in India
Experience, route 2At least 10 years as an advocate of a High Court
RetirementAt the age of 62
Article 217.
Imagined attendance; both conditions must be met.
In each House (example)Members needed
Majority of total membership (543)272
Two-thirds of 480 present and voting320
Both conditions met when 480 vote320

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).
Why judges can decide without fear.

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.
Table of the five writs with their literal ideas and uses: habeas corpus for unlawful detention, mandamus for a duty not done, prohibition to stop a lower court in a pending case, certiorari to quash a decided order, quo warranto to test a right to public office
WritLiteral ideaUsed when
Habeas corpusProduce the bodyA person is detained unlawfully
MandamusWe commandA public authority fails in its duty
ProhibitionStopA lower court goes beyond its powers in a pending case
CertiorariTo be informedA lower court's order is quashed after decision
Quo warrantoBy what authorityA person holds a public office without right
Table comparing writ powers: a High Court acts for Fundamental Rights and any other purpose within its territory, at its discretion; the Supreme Court acts only for Fundamental Rights across India, and the right to approach it is itself fundamental
PointHigh Court (Article 226)Supreme Court (Article 32)
PurposeFundamental Rights and any other purposeFundamental Rights only
AreaWithin its territoryThe whole of India
NatureDiscretionaryItself a Fundamental Right
Table of original jurisdiction of a High Court: writs under Article 226, election petitions for Parliament and the State Legislature, and in some High Courts certain civil matters
Original jurisdictionExample
Writs (Article 226)Fundamental Rights and other legal rights
Election petitionsDisputes over elections to Parliament or the State Legislature
Some civil matters (in some High Courts)Certain admiralty, company or matrimonial cases
Table of supervisory powers: revisory power over decided cases where no appeal lies, superintendence over all courts and tribunals under Article 227, and transfer of cases raising constitutional questions
PowerWhat it allows
RevisoryCall 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
TransferTake up a case raising a substantial question of constitutional law
Two-column table: as a Court of Record a High Court preserves its judgements, which bind lower courts and are cited as precedents, and can punish contempt; through judicial review it tests laws and orders and declares unconstitutional ones void
Court of Record (Article 215)Judicial review
Judgements preserved as recordsLaws and executive orders tested against the Constitution
Cited as precedents; bind lower courtsUnconstitutional laws declared void
Power to punish for contempt of itselfProtects 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.
Comparison table: the District Judge hears civil cases such as property and contract disputes and civil appeals; the Sessions Judge hears criminal cases such as murder and criminal appeals from magistrates; both are appealed to the High Court
PointDistrict JudgeSessions Judge
Kind of caseCivilCriminal
ExamplesProperty, contracts, successionMurder, dacoity, robbery
Appeals heard fromLower civil courtsMagistrates' courts
Next appealHigh CourtHigh Court
Table on the Court of the District Judge: appointed by the Governor in consultation with the High Court; seven years as an advocate for direct appointment; hears civil appeals, important civil suits and supervises lower civil courts
Court of the District JudgeDetail
Appointed byThe Governor, in consultation with the High Court (Article 233)
Direct appointment from the BarAt least 7 years as an advocate
WorkCivil appeals from lower courts; important civil suits; supervision of civil courts
Table on the Sessions Court: tries serious crimes such as murder, robbery and dacoity, can pass any lawful sentence with death sentences confirmed by the High Court, and hears appeals from magistrates
Sessions CourtDetail
CasesSerious crimes such as murder, robbery and dacoity
SentencesAny lawful sentence; a death sentence needs High Court confirmation
AppealsFrom judgements of magistrates' courts in the district
Trace the route, court by court.

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.
Legal Services Authorities Act, 1987.
Table of advantages of Lok Adalats: no court fee with refunds, speed, informal procedure, finality with no appeal, and goodwill between the parties
AdvantageWhy it matters
No court feeFee paid on a pending case is refunded on settlement
SpeedMany cases settled in one sitting
InformalParties can speak freely, often in their own language
FinalityNo appeal; the matter ends
GoodwillA compromise keeps relations between the parties
Table of limitations of Lok Adalats: they need the consent of both sides, they cannot settle serious non-compoundable crimes, and a weaker party may feel pressure to settle
LimitationExample
Needs both sides to agreeA party who refuses must go back to the regular court
Not for serious crimesOffences that cannot be compromised, such as murder
Pressure to settleA 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.