Establishment of High Courts

The establishment of High Courts in India is also governed by the Constitution of India. Here’s how it’s outlined according to the constitution:

1. Constitutional Provisions: Articles 214 to 231 of the Indian Constitution deal with the organization, jurisdiction, powers, and procedures of High Courts.

2. Formation and Composition: Article 214 provides for the establishment of High Courts for each state in India. However, the President of India, on the advice of the Governor of the state, may establish a common High Court for two or more states or for two or more states and a union territory. Each High Court consists of a Chief Justice and such other judges as determined by the President. The appointments of judges are made by the President after consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court.

3. Jurisdiction: The High Courts have original, appellate, and advisory jurisdiction. They have original jurisdiction in cases involving revenue, civil matters, and other specified cases. Appellate jurisdiction is exercised over judgments and orders passed by subordinate courts within their territorial jurisdiction. High Courts also have advisory jurisdiction where the Governor may seek their opinion on legal matters.

4. Independence: Like the Supreme Court, High Courts enjoy independence in their functioning. The judges have security of tenure and can only be removed through a process of impeachment for proven misconduct or incapacity. Their salaries and allowances are also charged on the Consolidated Fund of the state and are not subject to parliamentary votes.

5. Appointment of Judges: The President appoints the Chief Justice and other judges of the High Courts. The appointments are made after consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court. The Constitution provides for a collegium system for recommending appointments to the High Courts, which involves consultation among senior judges.

6. Roles and Functions: High Courts act as the highest judicial authority within the states. They have the responsibility of interpreting state laws, protecting fundamental rights, and ensuring the rule of law. They also exercise supervisory jurisdiction over the lower courts within their respective territories.

The establishment of High Courts under the Constitution of India reflects the federal structure of the country, where each state has its own judiciary to administer justice within its territorial jurisdiction, while also ensuring uniformity and consistency in the application of laws throughout the nation.