Skip to main content

High Court- Composition, Appointment, Removal and Jurisdiction

 High Court- Composition, Appointment, Removal and Jurisdiction


  • The High Court of a State is the highest court of the State and all ther courts of the State work under it.

  • There are 25 High Courts in India.

  • The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High Courts were also established in the same year.

  • The newest High Courts are the Telangana Court and Andhra Pradesh High Court, both established in the year 2019.


  • Art. 216- Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

Appointment of the Judges (Art. 217)

  • The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. 

  • The other judges are appointed by the will of President, Governor and the Chief Justice of High Court.

Qualifications [Art.217(2)]

  • A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and— 

(a) has for at least ten years held a judicial office in the territory of India; or 

(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession

  • Tenure: Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution.

  • Resignation: A Judge may, by writing under his hand addressed to the President, resign his office.

  • Removal: A Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court.

Jurisdiction of the High Court

  • A Court of Record- Art. 215

  • General Jurisdiction- Jurisdiction of existing High Courts (Art. 225) shall remain the same.

  • Power to transfer case- Art. 228

   If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of the Constitution, the determination of which is necessary for the disposal of the case, it shall withdraw the case and may either dispose of the case itself; or determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

  • Control over subordinate courts- Art. 235

   State of West Bengal v. Nripendra Nath Bagchee (AIR 1966 SC 447)

The Government had no jurisdiction to take disciplinary action against a District Judge. It is the High Court alone which is competent to exercise disciplinary power against a Judge of the inferior court.   

  • Power to issue certain writs (Art. 226)

   Every High Court has the power to issue writs of habeus corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of Fundamental Rights or for other purposes.

  • Judicial Review:

   L. Chandra Kumar v. Union of India (AIR 1997 SC 1125)

    The power of judicial review of legislative action vested in the High Courts under Art. 226 of the Constitution is a basic feature of the Constitution. 


Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti