High Courts and Subordinate Courts
NCERT Class 11 - Indian Constitution at Work, Chapter 6
High Courts and Subordinate Courts
The High Court stands at the head of the judiciary in a state, and below it is a structure of district and subordinate courts where most cases in India actually begin and end. Together they carry the bulk of the judicial workload.
High Courts
- Articles 214 to 231 deal with High Courts. There is a High Court for each state, but Parliament may establish a common High Court for two or more states or for a union territory.
- The first three High Courts, at Calcutta, Bombay and Madras, were established in 1862, well before the Constitution.
- Judges are appointed by the President after consultation with the Chief Justice of India, the Governor and, for other judges, the Chief Justice of the High Court.
- Qualifications - a citizen of India, with ten years in judicial office or ten years as an advocate of a High Court.
- Retirement age is 62 years for a High Court judge, against 65 for the Supreme Court.
- The transfer of a High Court judge to another High Court is made by the President after consultation with the Chief Justice of India.
Jurisdiction of the High Court
| Type | Content |
|---|---|
| Original | Cases relating to revenue, admiralty, contempt, and election petitions |
| Writ, Article 226 | Wider than Article 32 - for Fundamental Rights and for any other legal right |
| Appellate | Appeals in civil and criminal matters from subordinate courts |
| Supervisory, Article 227 | Superintendence over all courts and tribunals in its territory, except military tribunals |
| Control over subordinate courts | Posting, promotion and discipline of the district judiciary |
| Court of Record | Records as evidence, and power to punish for contempt |
Subordinate courts
- Articles 233 to 237 deal with subordinate courts. District judges are appointed by the Governor in consultation with the High Court.
- On the civil side the hierarchy runs from the district judge through subordinate judges to the munsif court.
- On the criminal side it runs from the sessions judge through the chief judicial magistrate to judicial magistrates.
- A sessions judge may pass any sentence authorised by law, but a death sentence must be confirmed by the High Court.
- Control over the district judiciary rests with the High Court, which is the practical form of the separation of the judiciary from the executive under Article 50.
Alternatives to regular courts
- Lok Adalats, given statutory backing by the Legal Services Authorities Act, 1987, settle disputes by compromise; the award is binding and there is no appeal, and no court fee is charged.
- Free legal aid to those who cannot afford it flows from Article 39A and is delivered through legal services authorities at national, state and district level.
- Tribunals were given constitutional status by Articles 323A and 323B, added by the 42nd Amendment, for service matters, tax, industrial disputes and other specialised fields.
- Gram Nyayalayas and family courts take justice closer to the litigant and reduce the burden on regular courts.
- The main problem across the system is pendency and delay, addressed through more judges, fast track courts, alternative dispute resolution and computerisation.
हिंदी संकेत: उच्च न्यायालय की सेवानिवृत्ति आयु 62 वर्ष है और उच्चतम न्यायालय की 65 वर्ष। अनुच्छेद 226 की रिट शक्ति अनुच्छेद 32 से अधिक व्यापक है।
Exam me kaise aata hai
Factual questions ask the retirement age of a High Court judge, who appoints district judges, and which Act gave lok adalats statutory status. Match-the-following links article number with jurisdiction. Statement-based questions compare Articles 32 and 226.
UPSC / State PSC ke liye
Note the constitutional design behind Article 227 and High Court control over the district judiciary - it keeps the lower courts insulated from the state executive and gives effect to Article 50. On pendency, the standard analytical points are judge-population ratio, vacancies, procedural delay and the high share of government litigation.
Yahan confuse hote hain
✗ District judges are appointed by the High Court | ✓ They are appointed by the Governor in consultation with the High Court
✗ A sessions judge's death sentence takes effect at once | ✓ It must be confirmed by the High Court
✗ Every state must have its own separate High Court | ✓ Parliament may establish a common High Court for two or more states
Ek nazar me
- Articles 214 to 231 cover High Courts; a common High Court may serve two or more states.
- Calcutta, Bombay and Madras High Courts were established in 1862.
- Qualification is ten years in judicial office or ten years as an advocate; retirement at 62.
- Article 226 writ power is wider than Article 32; Article 227 gives supervisory power.
- District judges are appointed by the Governor in consultation with the High Court.
- A death sentence passed by a sessions judge needs High Court confirmation.
- Lok adalats under the 1987 Act, legal aid under Article 39A, tribunals under Articles 323A and 323B.