UPSC CSE & STATE PCS • INDIAN POLITY • JUDICIARY

High Courts of India

A comprehensive self-learning guide covering the constitutional position, organisation, appointments, independence, jurisdiction, writ powers, judicial review and supervisory functions of High Courts.

Concepts • Constitutional Articles • Knowledge Checks • Case Studies • Prelims MCQs • Mains Practice

Lesson 01

Introduction to High Courts

A High Court is the highest judicial authority within its territorial jurisdiction, subject to the appellate and constitutional authority of the Supreme Court of India.

India follows an integrated judicial system in which the Supreme Court stands at the apex, High Courts occupy the intermediate level and subordinate courts function below them.

Supreme Court ↓ High Courts ↓ District Courts ↓ Other Subordinate Courts

Historical Evolution

  • The Indian High Courts Act, 1861 provided the foundation for modern High Courts.
  • The High Courts at Calcutta, Bombay and Madras were established in 1862.
  • Allahabad High Court was established in 1866.
  • After independence, High Courts became constitutional institutions under the Constitution of India.

High Courts Today

India has 25 High Courts. A High Court may serve one state, multiple states, or states together with Union Territories.

Important: Article 214 provides for High Courts for states. Article 231 allows Parliament to establish a common High Court for two or more states, or for two or more states and a Union Territory.

Knowledge Check 1. Which three High Courts were established in 1862?

Correct Answer: B. The three Presidency High Courts were established in 1862 under the framework of the Indian High Courts Act, 1861.
Lesson 02 • Articles 214–231

Constitutional Provisions

Part VI, Chapter V of the Constitution deals with High Courts in the states. The principal provisions are Articles 214–231.

ArticleSubject
214High Courts for states
215High Courts as courts of record
216Constitution of High Courts
217Appointment and conditions of office of judges
218Application of certain Supreme Court provisions
219Oath or affirmation of judges
220Restriction on practice after permanent judgeship
221Salaries and allowances
222Transfer of judges
223Acting Chief Justice
224Additional and acting judges
224AAttendance of retired judges
225Jurisdiction of existing High Courts
226Power to issue writs
227Superintendence over courts and tribunals
228Transfer of certain cases to High Court
229Officers, servants and expenses
230Extension of jurisdiction to Union Territories
231Common High Court
UPSC Memory Aid: 214 = Establishment; 215 = Court of Record; 217 = Judges; 222 = Transfer; 226 = Writs; 227 = Superintendence; 231 = Common High Court.

Knowledge Check 2. Which Article empowers High Courts to issue writs?

Correct Answer: C. Article 226 authorises High Courts to issue writs for Fundamental Rights and other purposes.
Lesson 03

Composition and Organisation

Under Article 216, every High Court consists of a Chief Justice and such other judges as the President considers necessary to appoint.

Number of Judges

Unlike the Supreme Court, there is no single constitutionally fixed strength applicable to all High Courts.

The number of judges varies according to the requirements of individual High Courts.

Chief Justice Heads the High Court and performs judicial and administrative responsibilities.
Permanent Judges Exercise judicial functions until retirement or earlier vacation of office.
Additional Judges May be appointed temporarily to address increased business or arrears.
Acting Judges May be appointed when a judge is unable to perform duties or temporarily acts as Chief Justice.

Additional Judges — Article 224

The President may appoint duly qualified persons as additional judges for a period not exceeding two years to deal with temporary increases in business or arrears of work.

Acting Chief Justice — Article 223

When the office of Chief Justice is vacant, or the Chief Justice is unable to perform the duties of office, the President may appoint another judge to perform those duties.

Retired Judges — Article 224A

The Chief Justice of a High Court may, with the previous consent of the President, request a retired High Court judge to sit and act as a judge, subject to the retired judge’s consent.

Knowledge Check 3. What is the maximum initial term of an additional High Court judge?

Correct Answer: C. Article 224 permits appointment of an additional judge for a period not exceeding two years.
Lesson 04

Appointment of High Court Judges

Under Article 217, High Court judges are formally appointed by the President of India.

Constitutional Consultation

For appointment of the Chief Justice of a High Court, the President consults:

  • Chief Justice of India
  • Governor of the concerned state

For appointment of other High Court judges, the Chief Justice of the concerned High Court is also consulted.

Collegium System

The collegium system evolved through Supreme Court judgments and is not expressly mentioned in the Constitution.

First Judges Case — 1981 The executive’s role was given primacy in judicial appointments.
Second Judges Case — 1993 Judicial primacy in appointments was recognised.
Third Judges Case — 1998 The consultative process involving senior Supreme Court judges was clarified.
Fourth Judges Case — 2015 The National Judicial Appointments Commission framework was invalidated.

High Court Appointment Process

High Court Collegium → Constitutional Consultation → Supreme Court Collegium → Union Government → President

The High Court collegium generally comprises the Chief Justice and the two senior-most judges of that High Court. Recommendations undergo further constitutional and administrative scrutiny.

Important distinction: For High Court appointments, the Chief Justice of India consults the two senior-most Supreme Court judges under the established judicial interpretation.

Knowledge Check 4. Who formally appoints a High Court judge?

Correct Answer: C. The President appoints High Court judges under Article 217.

Knowledge Check 5. Which case invalidated the NJAC?

Correct Answer: D. The Supreme Court struck down the NJAC framework in 2015, restoring the collegium system.
Lesson 05

Qualifications, Oath and Service Conditions

Qualifications — Article 217(2)

A person appointed as a High Court judge must be an Indian citizen and satisfy at least one of the following:

  1. Held judicial office in India for at least ten years.
  2. Been an advocate of a High Court, or successive High Courts, for at least ten years.
UPSC Trap: The Constitution does not prescribe a minimum age for appointment as a High Court judge.

Oath — Article 219

A High Court judge takes an oath or affirmation before the Governor or a person appointed by the Governor.

The oath includes allegiance to the Constitution, upholding India’s sovereignty and integrity, and performing judicial duties without fear, favour, affection or ill-will.

Retirement Age

High Court judges retire at 62 years. The retirement age was increased from 60 to 62 by the Fifteenth Constitutional Amendment Act, 1963.

Restriction on Practice — Article 220

A person who has held office as a permanent High Court judge cannot plead or act before any court or authority in India except the Supreme Court and other High Courts.

Knowledge Check 6. What is the retirement age of a High Court judge?

Correct Answer: B. High Court judges retire at 62 years; Supreme Court judges retire at 65 years.

Knowledge Check 7. Which qualification is constitutionally valid for appointment as a High Court judge?

Correct Answer: B. Ten years in judicial office is one of the alternative constitutional qualifications.
Lesson 06

Tenure, Transfer and Removal

Tenure

  • Normal retirement at 62 years.
  • Resignation addressed to the President.
  • Removal through the prescribed constitutional process.
  • Possible transfer to another High Court.
  • Possible appointment to the Supreme Court.

Transfer — Article 222

The President may transfer a judge from one High Court to another after consultation with the Chief Justice of India.

A transferred judge is entitled to the compensatory allowance determined by Parliament by law.

Removal of a Judge

A High Court judge may be removed by the President on the grounds of:

  • Proved misbehaviour
  • Incapacity

The removal process is the same as that applicable to Supreme Court judges.

Required Parliamentary Majority

An address must be supported in each House of Parliament by:

  1. A majority of the total membership of that House; and
  2. At least two-thirds of members present and voting.
Stage 1 — Notice A motion may be initiated by at least 100 Lok Sabha members or 50 Rajya Sabha members.
Stage 2 — Admission The Speaker or Chairman considers whether to admit the motion.
Stage 3 — Investigation A three-member inquiry committee examines the allegations.
Stage 4 — Parliamentary Address Both Houses must pass the required address in the same session.
Stage 5 — Presidential Order The President issues the removal order.

Knowledge Check 8. Which authority issues the final order removing a High Court judge?

Correct Answer: C. The President removes a High Court judge after completion of the prescribed constitutional process.
Lesson 07

Independence of High Courts

Judicial independence is essential for constitutional democracy, the rule of law and protection of Fundamental Rights.

Security of Tenure Judges cannot be removed by ordinary executive decision.
Protected Salaries Service conditions enjoy constitutional protection.
Financial Independence Specified expenditure is charged on the Consolidated Fund of the state.
Removal Safeguards A special parliamentary procedure is required.
Administrative Powers High Courts exercise control over their officers and staff.
Contempt Jurisdiction High Courts can protect the authority of judicial proceedings.

Salaries and Allowances

The salaries and allowances of High Court judges are determined by Parliament. The relevant expenditure is charged on the Consolidated Fund of the state.

Administrative Independence — Article 229

The Chief Justice of a High Court has important powers concerning appointment of court officers and servants. Certain service rules require the Governor’s approval.

Key distinction: Judicial independence does not mean freedom from accountability. It means freedom from improper interference while deciding cases according to law.

Knowledge Check 9. High Court judges’ salaries and allowances are charged on which fund?

Correct Answer: B. High Court judicial expenditure specified by the Constitution is charged on the Consolidated Fund of the state.
Lesson 08

Jurisdiction and Powers of High Courts

High Courts exercise several categories of judicial and constitutional authority.

1. Original Jurisdiction

Original jurisdiction means hearing a matter in the first instance, rather than through an appeal.

It may include:

  • Writ petitions under Article 226.
  • Election petitions under applicable law.
  • Specified civil disputes in certain High Courts.
  • Cases transferred for constitutional interpretation.

2. Appellate Jurisdiction

High Courts hear appeals from subordinate courts and tribunals as provided by law.

Civil Appeals Appeals involving civil disputes, subject to applicable statutory rules.
Criminal Appeals Appeals involving criminal convictions, sentences and other appealable orders.
Statutory Appeals Appeals under particular enactments, including certain tribunal-related matters.

Death Sentence Confirmation

A death sentence awarded by a Sessions Court cannot be executed without confirmation by the High Court, as required by criminal procedure law.

3. Writ Jurisdiction

Under Article 226, High Courts issue writs for Fundamental Rights and other legal purposes.

4. Supervisory Jurisdiction

Under Article 227, High Courts exercise superintendence over courts and tribunals within their territorial jurisdiction, subject to constitutional exceptions.

5. Judicial Review

High Courts examine whether laws and executive actions comply with the Constitution.

6. Court of Record

Article 215 gives High Courts the status of courts of record.

Knowledge Check 10. Which of the following requires High Court confirmation before execution?

Correct Answer: C. A Sessions Court death sentence requires confirmation by the High Court before it can be executed.
Lesson 09 • Article 226

Writ Jurisdiction of High Courts

Article 226 empowers High Courts to issue directions, orders and writs for:

  1. Enforcement of Fundamental Rights.
  2. Enforcement of other legal rights.
Very Important: Article 226 has a wider purpose than Article 32 because High Courts can protect ordinary legal rights as well as Fundamental Rights.

The Five Constitutional Writs

1. Habeas Corpus Literally means “produce the body”. It protects against unlawful detention. A court can require the detained person to be produced and examine the legality of detention.
2. Mandamus Means “we command”. It directs a public authority to perform a public or statutory duty that it has unlawfully failed to perform.
3. Prohibition Issued to prevent a subordinate court or tribunal from proceeding beyond its jurisdiction. It is preventive in character.
4. Certiorari Used to quash an order or decision where a subordinate court or tribunal has acted without jurisdiction, exceeded jurisdiction or committed a reviewable legal error.
5. Quo Warranto Means “by what authority”. It questions a person’s legal authority to occupy a public office.

Territorial Jurisdiction

A High Court may issue writs to a person or authority outside its territorial limits when the cause of action arises wholly or partly within its jurisdiction.

Article 226 versus Article 32

Feature Article 226 Article 32
Court High Court Supreme Court
Purpose Fundamental Rights and other legal rights Enforcement of Fundamental Rights
Constitutional status Discretionary constitutional remedy Fundamental Right
Territorial scope Subject to territorial and cause-of-action rules Supreme Court’s constitutional jurisdiction
Alternative remedy May ordinarily influence exercise of discretion Different constitutional framework
Exam Insight: The existence of an alternative statutory remedy ordinarily influences the High Court’s decision to entertain a writ petition. However, recognised exceptions include violations of Fundamental Rights, natural justice and jurisdictional errors.

Knowledge Check 11. Which writ is generally used to challenge unlawful detention?

Correct Answer: A. Habeas Corpus is a remedy against unlawful detention.

Knowledge Check 12. Why is Article 226 considered wider in scope than Article 32?

Correct Answer: B. Article 226 can be used for enforcement of Fundamental Rights and ordinary legal rights.

Knowledge Check 13. Which writ is primarily preventive?

Correct Answer: C. Prohibition prevents an inferior court or tribunal from proceeding beyond its lawful jurisdiction.
Lesson 10 • Articles 227–235

Superintendence and Subordinate Courts

Article 227

High Courts exercise superintendence over courts and tribunals within their territorial jurisdiction, except courts or tribunals constituted under laws relating to the Armed Forces.

This includes judicial and administrative superintendence, within constitutional limits.

Examples of Supervisory Powers

  • Calling for returns from subordinate courts.
  • Making rules for court procedures.
  • Prescribing forms for records and accounts.
  • Correcting serious jurisdictional errors.
  • Ensuring subordinate courts act within the law.

Article 228

When a pending case in a subordinate court involves a substantial question of law as to interpretation of the Constitution, the High Court may withdraw it under the conditions specified in Article 228.

Article 233 — District Judges

The Governor appoints, posts and promotes district judges in consultation with the High Court.

Article 234 — Other Judicial Officers

Appointments to the state judicial service, other than district judges, are made under rules framed by the Governor after consultation with the State Public Service Commission and High Court.

Article 235 — Control

The High Court exercises control over district courts and courts subordinate to them, including specified matters of posting, promotion and leave of judicial officers.

Remember: Article 227 = Superintendence. Article 235 = Control over subordinate courts. They are related but distinct provisions.

Knowledge Check 14. Which Article vests control over subordinate courts in the High Court?

Correct Answer: D. Article 235 vests control over subordinate courts in the High Court.
Lesson 11

Judicial Review and Court of Record

Judicial Review

Judicial review enables High Courts to examine the constitutional validity of laws and executive actions.

A law inconsistent with the Constitution may be declared unconstitutional and unenforceable to the relevant extent.

Constitutional Foundation

  • Article 13 — Laws inconsistent with Fundamental Rights.
  • Article 226 — Writ jurisdiction.
  • Article 227 — Supervisory jurisdiction.

High Court as Court of Record — Article 215

A High Court is a court of record and possesses the power to punish for contempt of itself.

Judicial Records Its proceedings and judgments have authoritative legal significance.
Contempt Power Protects the administration of justice against legally recognised contempt.
Precedential Value High Court decisions bind subordinate courts within its territorial jurisdiction.

Judicial Review as a Basic Feature

In L. Chandra Kumar v. Union of India (1997), the Supreme Court recognised the constitutional importance of judicial review by the High Courts under Articles 226 and 227, alongside Supreme Court review under Article 32.

Knowledge Check 15. Which Article declares High Courts to be courts of record?

Correct Answer: B. Article 215 establishes every High Court as a court of record with contempt powers.
Lesson 12

Supreme Court versus High Court

Feature Supreme Court High Court
Constitutional position Apex court of India Highest court within its territorial jurisdiction
Main provisions Articles 124–147 Articles 214–231
Retirement 65 years 62 years
Appointment President President
Writ power Article 32 Article 226
Writ purpose Fundamental Rights Fundamental Rights and other legal rights
Court of record Article 129 Article 215
Superintendence No equivalent general Article 227 power Article 227
Binding precedent Article 141 binds all courts in India Binds subordinate courts within its jurisdiction
Advisory jurisdiction Article 143 No equivalent general presidential advisory jurisdiction

Knowledge Check 16. Which court has the broader writ jurisdiction in terms of the types of rights enforceable?

Correct Answer: B. High Courts can enforce both Fundamental Rights and other legal rights under Article 226.
Lesson 13

Important Judgments and Contemporary Issues

Important Judicial Decisions

Second Judges Case — 1993 Recognised judicial primacy in judicial appointments.
Third Judges Case — 1998 Clarified the consultative process and collegium arrangements.
L. Chandra Kumar — 1997 Affirmed the constitutional significance of judicial review under Articles 226 and 227.
Fourth Judges Case — 2015 Invalidated the NJAC framework as inconsistent with judicial independence.

Major Institutional Challenges

Case Backlog Pending litigation can delay access to justice.
Judicial Vacancies Vacancies can increase pressure on existing judges.
Access to Justice Distance, legal costs and language can discourage litigants.
Transparency Judicial appointments and administration raise accountability questions.
Digital Courts E-filing, virtual hearings and digital records can improve accessibility.
Judicial Independence Institutional autonomy must coexist with accountability.

Possible Reforms

  • Timely filling of judicial vacancies.
  • Improving judicial infrastructure.
  • Expanding digital access and e-courts.
  • Strengthening legal aid.
  • Promoting transparent judicial administration.
  • Improving case management and procedural efficiency.

Knowledge Check 17. Which case strongly affirmed High Court judicial review under Articles 226 and 227?

Correct Answer: C. L. Chandra Kumar (1997) recognised High Court judicial review as an essential constitutional safeguard.
Application Practice

10 Constitutional Case Studies

Apply constitutional provisions to practical situations before checking the explanation.

Case 1. A state department refuses to perform a statutory duty despite repeated lawful requests. Which writ is generally appropriate?

Correct Answer: B. Mandamus may compel performance of a public or statutory duty.

Case 2. A tribunal continues proceedings in a matter outside its jurisdiction. Which writ can prevent it from continuing?

Correct Answer: B. Prohibition prevents an inferior court or tribunal from exceeding jurisdiction.

Case 3. A person occupies a statutory public office without the required qualifications. Which writ is suitable?

Correct Answer: C. Quo Warranto challenges the legal authority to hold a public office.

Case 4. A Sessions Court awards a death sentence. What is necessary before execution?

Correct Answer: C. High Court confirmation is required before a Sessions Court death sentence can be executed.

Case 5. A person is detained without lawful authority. Which constitutional remedy is most directly relevant?

Correct Answer: A. Habeas Corpus enables judicial examination of unlawful detention.

Case 6. A citizen seeks enforcement of an ordinary statutory right. Which constitutional route may be available?

Correct Answer: B. Article 226 covers enforcement of ordinary legal rights, subject to the High Court’s discretion.

Case 7. The President proposes transferring a judge from one High Court to another. Whose consultation is constitutionally required?

Correct Answer: B. Article 222 requires consultation with the Chief Justice of India.

Case 8. A case pending before a subordinate court raises a substantial question requiring interpretation of the Constitution. Which Article concerns withdrawal of such cases by the High Court?

Correct Answer: C. Article 228 governs transfer of certain constitutional cases from subordinate courts.

Case 9. Parliament proposes a common High Court for two states. Which Article supports this?

Correct Answer: D. Article 231 permits establishment of a common High Court.

Case 10. A High Court reviews an executive order and finds it violates the Constitution. Which principle is involved?

Correct Answer: B. Judicial review permits constitutional scrutiny of laws and executive action.
UPSC Prelims Practice

Final Assessment — 25 MCQs

Choose one option for each question. The correct answer and explanation will appear immediately after selection. These are original UPSC-style practice questions.

Q1. Which Article provides for High Courts for states?

Correct Answer: A. Article 214 concerns High Courts for states.

Q2. The High Court is declared a court of record under:

Correct Answer: B. Article 215 gives High Courts court-of-record status.

Q3. High Court judges are appointed by:

Correct Answer: C. The President appoints judges under Article 217.

Q4. A High Court judge normally retires at:

Correct Answer: C. The retirement age is 62 years.

Q5. Which Article deals with transfer of High Court judges?

Correct Answer: C. Article 222 concerns transfer of judges.

Q6. Consider the following statements about Article 226:
1. It covers Fundamental Rights.
2. It covers ordinary legal rights.
Which is correct?

Correct Answer: C. Article 226 extends to both categories.

Q7. Which writ is used against unlawful detention?

Correct Answer: A. Habeas Corpus protects personal liberty against unlawful detention.

Q8. Which writ challenges illegal occupation of a public office?

Correct Answer: B. Quo Warranto questions legal authority to hold a public office.

Q9. The power of superintendence is primarily under:

Correct Answer: C. Article 227 concerns superintendence over courts and tribunals.

Q10. Which Article permits a common High Court?

Correct Answer: D. Article 231 authorises common High Courts.

Q11. Which of the following is NOT a constitutional qualification for High Court judgeship?

Correct Answer: C. No minimum appointment age is specified.

Q12. Additional High Court judges may initially be appointed for a period not exceeding:

Correct Answer: C. Article 224 prescribes a maximum period of two years.

Q13. Who administers the oath to a High Court judge, or appoints someone to do so?

Correct Answer: B. Article 219 provides for oath before the Governor or a person appointed by the Governor.

Q14. High Court judges can be removed on grounds of:

Correct Answer: B. The constitutional grounds are proved misbehaviour or incapacity.

Q15. Which Article governs appointment of an acting Chief Justice of a High Court?

Correct Answer: C. Article 223 provides for an acting Chief Justice.

Q16. Which statement is correct about the collegium?

Correct Answer: B. The collegium system evolved through the Judges Cases.

Q17. Which case invalidated the NJAC framework?

Correct Answer: D. The NJAC framework was invalidated in 2015.

Q18. Which case recognised the essential role of High Court judicial review?

Correct Answer: B. L. Chandra Kumar (1997) affirmed the constitutional importance of Articles 226 and 227.

Q19. Which writ is most suitable for compelling performance of a public duty?

Correct Answer: B. Mandamus commands performance of a public duty.

Q20. Which writ is generally used to quash an unlawful decision of a subordinate court or tribunal?

Correct Answer: C. Certiorari is a corrective writ used in recognised cases of jurisdictional or legal error.

Q21. Which Article governs control over subordinate courts?

Correct Answer: D. Article 235 concerns control over subordinate courts.

Q22. Who appoints district judges in a state in consultation with the High Court?

Correct Answer: B. Article 233 provides for appointment of district judges by the Governor in consultation with the High Court.

Q23. Which constitutional amendment raised the High Court judges’ retirement age to 62?

Correct Answer: B. The Fifteenth Amendment Act, 1963 raised the age from 60 to 62.

Q24. Consider the following statements:
1. The Supreme Court retires its judges at 65.
2. High Court judges retire at 62.
3. High Court judges are appointed by the Governor.
Which statements are correct?

Correct Answer: B. Statements 1 and 2 are correct. High Court judges are appointed by the President, not the Governor.

Q25. Consider the following statements:
1. High Courts may exercise judicial review.
2. High Courts have powers of superintendence.
3. High Courts can issue writs for ordinary legal rights.
Which statements are correct?

Correct Answer: D. All statements are correct. These powers are central to the constitutional role of High Courts.
UPSC GS Paper II

Mains Answer-Writing Practice

Attempt each question independently. Then open the model answer framework to compare your structure and arguments.

150 Words • 10 Marks

Question 1

Discuss the constitutional position and significance of High Courts in India’s integrated judicial system.

Show Model Answer

High Courts occupy an important position between the Supreme Court and subordinate courts in India’s integrated judiciary. Articles 214–231 provide their constitutional framework.

Their significance lies in protecting Fundamental Rights, exercising judicial review and supervising subordinate courts.

Article 226 enables High Courts to enforce Fundamental Rights and other legal rights. Article 227 provides supervisory jurisdiction, while Article 235 vests control over subordinate courts.

High Courts also exercise appellate and certain original jurisdictions. Their institutional independence supports the rule of law and constitutional supremacy.

Thus, High Courts serve as accessible constitutional courts and essential guardians of judicial accountability.

250 Words • 15 Marks

Question 2

Compare the writ jurisdiction of the Supreme Court and High Courts. Why is Article 226 considered wider than Article 32?

Show Model Answer

Writ jurisdiction is a major mechanism for judicial protection of rights. The Supreme Court exercises it under Article 32, while High Courts exercise it under Article 226.

Article 32 provides a Fundamental Right to approach the Supreme Court for enforcement of Fundamental Rights. Article 226 authorises High Courts to issue writs for Fundamental Rights and other legal purposes.

Both courts may issue Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto.

However, Article 226 is broader in the types of rights enforceable. It can address violations of ordinary statutory or legal rights.

High Courts also exercise discretion in entertaining writ petitions. Alternative statutory remedies may influence this discretion, subject to recognised exceptions.

Article 226 additionally operates within constitutional territorial and cause-of-action requirements.

Therefore, Article 32 remains a fundamental constitutional remedy, while Article 226 offers a wider and often more locally accessible framework for judicial protection.

250 Words • 15 Marks

Question 3

Examine the constitutional safeguards ensuring independence of High Courts. Discuss the challenges to judicial independence.

Show Model Answer

Judicial independence is essential for constitutionalism and the rule of law.

High Courts enjoy several safeguards. Judges are appointed through a constitutionally regulated process. Their tenure is protected, and removal requires a special parliamentary procedure.

Salaries and allowances are constitutionally protected. The expenditure specified by the Constitution is charged on the Consolidated Fund of the state.

Article 229 gives the Chief Justice administrative authority over High Court personnel. Article 215 provides court-of-record status and contempt jurisdiction.

Despite these safeguards, judicial vacancies, delays, administrative constraints and concerns regarding transparency remain important challenges.

Reforms should improve appointments, case management, infrastructure and institutional transparency without undermining decisional independence.

Judicial independence and accountability must reinforce each other rather than operate as competing goals.

150 Words • 10 Marks

Question 4

Explain the supervisory jurisdiction of High Courts under Article 227 and its relationship with the subordinate judiciary.

Show Model Answer

Article 227 gives High Courts the power of superintendence over courts and tribunals within their territorial jurisdiction, subject to constitutional exceptions.

This power includes judicial and administrative supervision. High Courts may call for returns, regulate procedures and intervene in appropriate cases involving serious jurisdictional errors.

The power is extraordinary and should not be used as an unrestricted substitute for ordinary appellate review.

Article 235 separately vests control over subordinate courts in the High Court. This includes important aspects of judicial administration.

Together, Articles 227 and 235 promote judicial discipline, institutional accountability and consistent administration of justice.

250 Words • 15 Marks

Question 5

Evaluate the role of High Courts in protecting constitutional democracy through judicial review. Suggest reforms for strengthening their effectiveness.

Show Model Answer

High Courts are important guardians of constitutional democracy. Their judicial review powers enable scrutiny of legislation and executive action.

Article 226 permits enforcement of Fundamental Rights and other legal rights. Article 227 provides supervisory jurisdiction.

Judicial review ensures that public authorities remain within constitutional limits. It protects individuals against arbitrary state action and strengthens the rule of law.

In L. Chandra Kumar (1997), the Supreme Court affirmed the essential constitutional role of High Court judicial review.

However, large caseloads, judicial vacancies, infrastructure gaps and unequal access can reduce effectiveness.

Necessary reforms include timely appointments, modernised infrastructure, improved digital filing, better case management, strengthened legal aid and transparent administration.

The objective should be accessible, timely and independent constitutional justice.

Final Revision Checklist
  • Articles 214–231
  • Appointment and collegium
  • Qualifications and retirement
  • Transfer and removal
  • Article 226 and five writs
  • Articles 227, 228 and 235
  • Judicial review and court of record
  • Supreme Court versus High Court
  • Important judgments
  • Institutional challenges and reforms

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