The High Court is a crucial component of the judicial system in many countries, acting as an intermediary appellate body between the lower courts and the Supreme Court of the country. In the context of India, each state and union territory has its own High Court, established under Article 214 of the Indian Constitution. This discussion will focus on the importance of High Courts, their jurisdiction, and their role within the Indian legal system.
Establishment and Structure:
In India, the establishment of High Courts is mandated by the Constitution, which empowers the President to establish a High Court for each state. However, for Union Territories, the President may establish a common High Court or designate one for multiple territories. The Chief Justice of a High Court is appointed by the President, and the other judges are appointed in consultation with the Chief Justice and the Governor of the respective state. A High Court consists of a Chief Justice and several other judges, the number of which is determined by the President.
Jurisdiction of High Courts:
The jurisdiction of High Courts is a significant aspect of their functioning, defining the scope of their authority in terms of case types and geographical areas. This jurisdiction can broadly be classified into original, appellate, and advisory jurisdictions.
Original Jurisdiction:
High Courts possess original jurisdiction over certain types of cases. This means such cases can be filed directly in the High Court, bypassing the lower courts. Matters that fall under original jurisdiction may include disputes between states and the central government, inter-state disputes, and cases involving violations of fundamental rights.
Appellate Jurisdiction:
One of the primary functions of the High Court is to hear appeals from lower courts within its territorial jurisdiction. This appellate jurisdiction covers both civil and criminal matters. High Courts have the authority to review decisions made by subordinate courts to ensure justice is administered fairly and consistently. Appeals in the High Court are usually filed against decisions passed by district courts and other subordinate tribunals.
Writ Jurisdiction:
Under Article 226 of the Indian Constitution, High Courts are empowered to issue writs. Writs are extraordinary legal remedies sought to protect fundamental rights. The five types of writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-Warranto—enable High Courts to safeguard citizens’ rights against arbitrary actions by the state or its authorities.
Supervisory Jurisdiction:
High Courts also exercise supervisory jurisdiction over lower courts and tribunals within their territorial boundaries. This supervisory role allows High Courts to ensure that lower courts function within their legal authority and adhere to established procedures. The High Court may intervene in cases of judicial errors, procedural irregularities, or issues related to the interpretation of laws.
Advisory Jurisdiction:
Though not frequently exercised, High Courts have advisory jurisdiction, which enables them to provide legal opinions on matters referred to them by the President of India. This advisory function is not binding but serves as a valuable constitutional tool for seeking expert legal interpretation on complex issues.
Division Bench and Single Bench:
High Courts operate with both Division Benches and Single Benches. A Division Bench consists of two or more judges and is generally constituted to hear significant or complex cases. On the other hand, a Single Bench is presided over by one judge and handles regular or less complex matters. Division Benches are crucial for maintaining consistency in decision-making and for providing diverse perspectives on legal issues.
Role in Judicial Activism:
High Courts play a vital role in upholding the rule of law and protecting citizens’ rights. Through judicial activism, they interpret and expand the scope of fundamental rights, ensuring that constitutional guarantees are not merely theoretical but actively enforced in practice. Historic judgments of the High Courts have significantly contributed to the development of jurisprudence in India.
Public Interest Litigation (PIL):
High Courts have been instrumental in promoting Public Interest Litigation (PIL), a mechanism through which the judiciary can take cognizance of matters affecting public interest, even without direct involvement of the petitioner. This has empowered High Courts to address issues such as environmental protection, consumer rights, and social justice, thereby enhancing the judiciary’s role in promoting public welfare.
Challenges and Concerns:
Despite serving as guardians of justice, High Courts face several challenges. Backlogs of cases, delays in case resolution, and lack of resources can hinder their effective functioning. Striking a balance between judicial independence and accountability remains an ongoing challenge. Furthermore, there is a need for greater diversity on the bench and prompt filling of vacancies—areas that demand attention.
Conclusion:
In conclusion, High Courts in India play a critical role in the country’s judicial system. Their wide-ranging jurisdiction—covering original, appellate, and advisory functions—reflects their multifaceted responsibilities. High Courts act as guardians of the Constitution, protect fundamental rights, interpret laws, and contribute to the development of legal principles. Through their rulings and activism, High Courts shape the legal landscape, influencing not only the administration of justice but also broader social and political discourse. As pillars of the judiciary, High Courts uphold the ideals enshrined in the Constitution and function as indispensable institutions within India’s democratic framework.
