Constitution of the High Courts of India
There are twenty-one High Courts below the Supreme Court in each State. These courts have control over a state, a union territory or a group of states and union territories. Below the High Courts are secondary courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution.
Jurisdiction of the High Courts of India
The High Courts are the principal National courts of original jurisdiction in the state, and can try all offences including those punishable with death. However, the bulk of the work of most High Courts consists of Appeals from lowers courts and summons, petitions in terms of Article 226 of the Constitution of India. The precise jurisdiction of each High Court vary from each other. Each state is divided into judicial districts authorised by a `District and Sessions Judge`. He is known as a District Judge when he exercise control over a civil case, and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority below a High Court judge. Below him, there are courts of civil jurisdiction, known by different names in different states.
Composition of the High Courts of India
The President of India on the advice of Chief justice of India and governor of the state appoints the judges in High Court. High Courts are headed by the Chief Justice. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average. The Calcutta High Court is the oldest High Court in the country, established in 1862. The High courts which mange a large number of cases of a particular region, have permanent benches established there. Benches are also present in states which come under the jurisdiction of a court outside its boundary limits. Smaller states with few cases may have limited benches established.
There are eighteen High courts for India`s twenty-five states, six union territories, and one national capital territory. Some high courts serve more than one state or union territory.
For example, the high court of the union territory of Chandigarh also serves Punjab and Haryana, and the high court in Gauhati in Meghalaya serves Assam, Nagaland, Meghalaya, Mizoram, Manipur, Tripura, and Arunachal Pradesh. As part of the judicial system, the high courts are institutionally independent of state legislatures and executives.
The president may also use his right to transfer high court justices without consultation. Each High court in India is a court of record exercising original and appellate (appeal) jurisdiction within its respective state boundary. It also has the power to issue suitable summons in cases involving constitutionally guaranteed primary Rights. The high court authorizes all courts within its jurisdiction, except for those dealing with the armed forces, and may transfer constitutional cases to it from secondary courts. The high courts have original jurisdiction on revenue matters. They try original criminal cases by a jury, but not civil cases.
1. Allahabad High Court
The seat of the High Court for the North-Western Provinces was shifted from Agra to Allahabad in 1869 and its title was changed to `the High Court of Judicature at Allahabad` by a complementary Letters copyright issued on March 11, 1919. On the eve of the Republic Day the date of beginning of the Constitution of India, the High Court of Judicature at Allahabad came to have authority in the State of Uttar Pradesh. High Court at Allahabad ceased to have jurisdiction of 13 districts falling within the territory of State of Uttaranchal.
2. Bombay High Court
The Bombay High Court is one of the oldest and chartered High Courts in the Country. It has Appellate Jurisdiction over the State of Maharashtra, Goa, and Daman & Diu. In addition to Bombay Bench it has benches at Aurangabad, Nagpur, Panaji (Goa). In Bombay it has Original Jurisdiction in addition to Appellate. The Bombay High Court has sanctioned strength of 64 judges.
3. Calcutta High Court
The Calcutta High Court has the merit of being the first High Court and one of the three Chartered High Courts to be set up in India, along with the High Courts of Bombay, Madras. The High Court at Calcutta, formerly known as the High Court of Judicature at Fort William, was brought into existence by the government grant dated 14th May, 1862, issued under the High Court`s Act, 1861, which provided that the jurisdiction and powers of the High Court were to be defined by Letters Patent.
4. Delhi High Court
The High Court of Delhi was established on 31st October 1966. Initially, the High Court of Delhi exercised jurisdiction not only over the Union Territory of Delhi, but also Himachal Pradesh. It had a Himachal Pradesh Bench at Shimla in a building called Ravenswood. The High Court of Delhi continued to exercise jurisdiction over Himachal Pradesh until the State of Himachal Pradesh Act, 1970 was imposed on 25th January 1971. The sanctioned strength of Judges of this High Court increased from time to time. Presently, the sanctioned strength of Judges of the High Court of Delhi is 28 permanent Judges and 8 Additional Judges.
5. Andhra Pradesh High Court
The Andhra Pradesh High Court is the High Court of the Indian state of Andhra Pradesh. It was set up on July 5, 1954 under the Andhra State Act, 1953. Its seat is in the administrative capital, Hyderabad and has sanctioned judge strength of 39.
6. Guwahati High Court
The Guwahati High Court was established on March 1, 1948 after the Government of India Act, 1935 was passed. It was originally known as the High Court of Assam and Nagaland, but renamed as Guwahati High Court in 1971 by the North East Areas (Reorganization) Act, 1971. It has largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Manipur, Meghalaya, Nagaland, Tripura and Mizoram. The court is headquartered in Guwahati, the former capital of Assam. The court has benches in Kohima, Aizwal and Imphal. It also has circuit benches at Agartala and Shillong. The court has sanctioned judge strength of 27.
7. Gujarat High Court
The Gujarat High Court is the High Court of the state of Gujarat. It was established on May 1, 1960 under the Bombay Re-organization Act, 1960 after the state split from Bombay State. The court is headquartered in Ahmedabad. The court has sanctioned judge strength of 42.
8. Chhattisgarh High Court
The Chhattisgarh High Court is one of the newest High Courts in India. It was established on 1 November 2000 after the Madhya Pradesh Reorganization Act, 2000 was passed. It has jurisdiction over the state of Chhattisgarh. The court is headquartered in Bilaspur. The court has sanctioned judge strength of 8.
9. Himachal Pradesh High Court
The Himachal Pradesh High Court is the High Court of the state of Himachal Pradesh. It was established in 1971 under the State of Himachal Pradesh Act, 1970. The court is headquartered in Shimla, the administrative capital of the state. The court has sanctioned judge strength of 8 including the chief justice.
10. Jammu and Kashmir High Court
The Jammu and Kashmir Court is the High Court of the state of Jammu and Kashmir. It was established on August 28, 1943 based on the Letters Patent issued by the Maharaja of Kashmir. The court shifts between its summer capital Srinagar and winter capital Jammu. The court has sanctioned judge strength of 14.
11. Jharkhand High Court
The Jharkhand High Court is one of the latest High Courts in India. It was established in 2000 under the Bihar Reorganization Act, 2000, after the state of Jharkhand was formed out of the state of Bihar. The state has jurisdiction over Jharkhand. The court is headquartered in Ranchi, the administrative capital of the state. The court has sanctioned judge strength of 12.
12. Karnataka High Court
The Karnataka High Court is the High Court of the state of Karnataka. It was established in 1884 under the Mysore High Court Act, 1884; and was known as the Mysore High Court until 1973 when the name of the state was changed. The court is headquartered in Bangalore, the administrative capital of the state. The court has sanctioned judge strength of 40.
13. Kerala High Court
High Court of Kerala is the highest Court in the State of Kerala and in the Union Territory of Lakshadweep. The High Court of Kerala is headquartered at Kochi. Drawing its powers from the Constitution of India, the High Court of Kerala has the power to issue directions, orders and writs including the writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari for ensuring the enforcement of the Basic Rights guaranteed by the Indian Constitution to the citizens or for other specified purposes. The High Court of Kerala is empowered with Original, Appellate as well as Revisional jurisdiction both in civil as well as in criminal matters, apart from its power to answer references referred to it under some statutes.
14. Madhya Pradesh High Court
The Madhya Pradesh High Court is the High Court of the state of Madhya Pradesh. It was established on January 2, 1936 under the Government of India Act, 1935 Letters Patent. The Court was established in Nagpur, but after the states were redrawn in 1956, it was moved to Jabalpur. The court has sanctioned a judge strength of 42.
15. Madras High Court
The Madras High Court, one of the landmarks of the metropolitan area of Chennai, and believed to be the second largest judicial complex in the world, is located near the Parrys Corner, one of the important central business districts of Chennai. This court was established on June 26, 1862. The jurisdiction of the Madras High Court extends to Tamil Nadu and Pondicherry. Although the name of the city was changed from Madras to Chennai in 1996, the Court as an institution did not follow suit and remained as the Madras High Court.
16. Orissa High Court
The Orissa High Court is the High Court of the state of Orissa. It was established on April 3, 1948 under the Orissa High Court Order, 1948. The court is headquartered in Cuttack. The court has sanctioned judge strength of 27.
17. Patna High Court
The Patna High Court is the High Court of the state of Bihar. It was established on September 2, 1916 under the Government of India Act, 1915.The court is headquartered in Patna, the administrative capital of the state. The court has certified judge strength of 43. The Patna High Court had a Bench at Ranchi, which became the Jharkhand High Court on 15th November 2000. In the long years since its foundation, it has impressed a position for itself in delivering justice, fearlessly and impartially. It has come a long way establishing itself as the guiding idol for other branches of government.
18. Punjab and Haryana High Court
Punjab and Haryana High Court is a common High Court for both the States of Punjab and Haryana and Union territory of Chandigarh. It is situated at Chandigarh, the capital of the States of Punjab and Haryana. Earlier it was known as Lahore High Court, which was established on 21 March 1919. Jurisdiction of Lahore High Court covered undivided Punjab and Delhi having its seat at Lahore. After Independence on 11 August 1947 a separate High Court of Punjab was created with its seat at Simla under the Indian Independence Act, 1947 which had jurisdiction over Punjab, Delhi and present Himachal Pradesh and Haryana. In 1966, after the reorganization of the State of Punjab, the High Court was elected as the High Court of Punjab and Haryana having its jurisdiction over Punjab, Haryana and Chandigarh.
19. Rajasthan High Court
It was established on June 21, 1949 under the Rajasthan High Court Order, 1949.The court is headquartered in Jodhpur. The High Court of Rajasthan was founded in the year 1949 at jodhpur, and was inaugurated by His Highness of Jaipur Maharaja Sawai Man Singh, and there after a bench was formed at Jaipur which was dissolved in the year 1958 and was again formed in the year 1977, currently the sanctioned strength of the judges is 40 and actual strength is 30.
20. Sikkim High Court
The Sikkim High Court is the High Court of the state of Sikkim. Sikkim became a part of India in 1975, and the court, which was earlier the national court, now became a state court. The court is headquartered in Gangtok, the administrative capital of the state. The court has sanctioned a judge strength of 3.
21. Uttaranchal High Court
The Uttarakhand High Court is the High Court of the state of Uttarakhand. It was established on May 1, 1960 under the U.P. Re-organization Act, 2000 after the state split from Uttar Pradesh. The court is headquartered in Nainital. It has sanctioned judge strength of 9.
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