The High Court

Overview

The High Court stands at the head of the judiciary in a State.
There shall be a High Court for each State (Article 214).
The Judiciary in the States consists of a High Court and the Subordinate Courts.
Parliament can, however, establish by law, a common High Court for one or more State(s) and one or more Union Territory (Art 231).
Every High Court shall be a Court of record (Art 215). This means its decisions are recorded, published, and serve as legal precedents, and it has the power to punish for contempt of itself.
The High Courts in India find their roots in the British Period when three High Courts, namely Bombay, Madras, and Calcutta, were set-up in 1862.

The judges of a high court are appointed by the President.
The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
For appointment of other judges, the chief justice of the concerned high court is also consulted.
In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president.

The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when:
- There is a temporary increase in the business of the high court; or
- There are arrears of work in the high court.
The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:
- Unable to perform the duties of his office due to absence or any other reason; or
- Appointed to act temporarily as chief justice of that high court.
An acting judge holds office until the permanent judge resumes his office. However, both the additional and acting judge cannot hold office after attaining the age of 62 years. (Note: The retirement age for High Court judges is 62 years, compared to 65 for Supreme Court judges).

The President can appoint a judge of a high court as an acting chief justice of the high court when:
- The office of chief justice of the high court is vacant; or
- The chief justice of the high court is temporarily absent; or
- The chief justice of the high court is unable to perform the duties of his office.