High Court of India

 High Court of India

Constitution

The second most important court in India's democracy is the High Court. Article 141 of the Indian Constitution governs them. So far as decisions and orders are concerned, they are bound by the Supreme Court of India's binds. The Supreme Court of India is the highest court in India, and it is responsible for providing precedent-based guidance to the High Courts.

With the effect of Article 214 Part IV Chapter V of the Indian Constitution, high courts are the types of courts that are instituted as courts empowered by the constitution. There are 24 high courts in India that oversee the country's regional legal system, with the Kolkata High Court being the oldest.

Jurisdiction

The majority of these courts are limited to the jurisdiction of a single state, a group of states, or a Union Territory. They have been given the authority to oversee the jurisdiction of lower courts such as family, civil, and criminal courts, as well as other district courts. When it comes to originality of jurisdiction in the linked area of the states and other district courts, these courts follow the legislation of principal civil courts.

By virtue of their standing, these courts are regarded as subordinate to the High Courts. However, High Courts primarily exercise their jurisdiction in the civil or criminal domains when lesser courts are found to be incapable of executing their authority as authorised by law. These circumstances may arise as a result of a lack of financial or geographical jurisdiction. There are some situations in which only High Courts can exercise the power to hear, such as those involving Company Legislation as defined by state or federal law.

However, as provided in Article 226 of the Indian Constitution, the high courts are usually involved in appeals brought in lower court matters through writ petitions. The unique jurisdiction of high courts also extends to writ petitions. In terms of territorial jurisdiction, the High Court's jurisdiction varies.

Structure and application of the law

The President of India appoints judges to the High Courts after consulting with the Chief Justice of India, the Chief Justice of the High Court, and the Governor of the state or union territory.

The number of judges in the High Court is primarily determined by the higher number of either the average of main case organisation for the previous years as computed nationwide or the average rate of main case disposition per judge per year in the individual high court.

The high courts that handle the majority of the cases in a certain area are equipped with permanent benches or branches of the court that are only located there. The establishment of circuit benches to serve the complainants of outlying areas was established to facilitate service with a timetable of operation based on the judge's visit.