High courts of India explained
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially[1] by the constitution, a state law or union law.
The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. Writ jurisdiction is also the original jurisdiction of a high court.
Each state is divided into judicial districts presided over by a district judge and a session judge. He is known as the district judge when he presides over a civil case and the session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of civil jurisdiction, known by different names in different states. Under Article 141 of the constitution, all courts in India, including high courts – are bound by the judgements and orders of the Supreme Court of India by precedence.
Judges in a high court are appointed by the president of India in consultation with the chief justice of India and the governor of the state under Article 217, Chapter Five of Part VI of the Constitution, but through subsequent judicial interpretations, the primacy of the appointment process is on the hands of the Judicial Collegium. High courts are headed by a chief justice. The chief justices rank fourteenth (within their respective states) and seventeenth (outside their respective states) on the Indian order of precedence. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that high court, whichever is higher.
The Madras High Court is the oldest high court in the country, established on 26 June 1862. High courts that handle numerous cases of a particular region have permanent benches established there. Benches are also present in states which come under the jurisdiction of a court outside its territorial limits. Smaller states with few cases may have circuit benches established. Circuit benches (known as circuit courts in some parts of the world) are temporary courts which hold proceedings for a few selected months in a year. Thus cases built up during this interim period are judged when the circuit court is in session. According to a study conducted by Bangalore-based N.G.O, Daksh, on 21 high courts in collaboration with the Ministry of Law and Justice in March 2015, it was found that average pendency of a case in high courts in India is 3 years.[2]
The buildings of Bombay High Court (as part of the Victorian and art deco ensemble of Mumbai) and Punjab and Haryana High Court (as part of the architectural work of Le Corbusier) are UNESCO World Heritage Sites.
The high courts are substantially different from and should not be confused with the state courts of other federations, in that the Constitution of India includes detailed provisions for the uniform organisation and operation of all high courts.[3] In other federations like the United States, state courts are formed under the constitutions of the separate states and as a result vary greatly from state to state.
High courts
The Calcutta High Court in Kolkata (est. 1862), Bombay High Court in Mumbai (est. 1862), Madras High Court in Chennai (est. 1862), Allahabad High Court in Allahabad (est. 1866), and Bangalore High Court (now Karnataka High Court) in Bengaluru (est. 1884) are the five oldest high courts in India. The Andhra High Court and Telangana High Court are the newest high courts, established on 1 January 2019 according to the Andhra Pradesh Reorganisation Act, 2014.
The following are the 25 high courts in India, sorted by name, year established, act by which it was established, jurisdiction, principal seat (headquarters), permanent benches (subordinate to the principal seat), circuit benches (functional a few days in a month/year), the maximum number of judges sanctioned, and the presiding chief justice of the high court:
scope=col | | scope=col | Court | scope=col | Established | scope=col | Act | scope=col | Jurisdiction | scope=col | Principal seat | Bench(es) | scope=colgroup colspan="3" | Judges | scope=col style="width:20%;" | Chief justice |
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1 | scope=row | Allahabad High Court[4] | | Indian High Courts Act 1861 | Uttar Pradesh | Prayagraj | Lucknow | 160 | 119 | 41 | Arun Bhansali |
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2 | scope=row | Andhra Pradesh High Court[5] | | Andhra Pradesh Reorganisation Act, 2014 | Andhra Pradesh | Amaravati | | 37 | 28 | 9 | Dhiraj Singh Thakur |
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3 | scope=row | Bombay High Court | | Indian High Courts Act 1861 | Goa, Dadra and Nagar Haveli and Daman and Diu, Maharashtra | Mumbai | Aurangabad, Nagpur, Panaji | 94 | 71 | 23 | Devendra Kumar Upadhyaya |
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4 | scope=row | Calcutta High Court | | Indian High Courts Act 1861 | Andaman and Nicobar Islands, West Bengal | Kolkata | Port Blair Jalpaiguri | 98 | 78 | 28 | T. S. Sivagnanam |
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5 | scope=row | Chhattisgarh High Court | | Madhya Pradesh Reorganisation Act, 2000 | Chhattisgarh | Bilaspur | | 22 | 17 | 5 | Ramesh Sinha |
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6 | scope=row | Delhi High Court[6] | | Delhi High Court Act, 1966 | Delhi | New Delhi | | 60 | 46 | 14 | Manmohan (Acting) |
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7 | scope=row | Gauhati High Court[7] | | Government of India Act 1935 | Arunachal Pradesh, Assam, Mizoram, Nagaland | Guwahati | Aizawl, Itanagar, Kohima | 30 | 22 | 8 | Vijay Bishnoi |
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8 | scope=row | Gujarat High Court | | Bombay Reorgansisation Act, 1960 | Gujarat | Ahmedabad | | 52 | 39 | 13 | Sunita Agarwal |
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9 | scope=row | Himachal Pradesh High Court | | State of Himachal Pradesh Act, 1970 | Himachal Pradesh | Shimla | | 17 | 13 | 4 | M. S. Ramachandra Rao |
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10 | scope=row | Jammu & Kashmir and Ladakh High Court[8] [9] | | Letters Patent issued by then Maharaja of Kashmir, Jammu and Kashmir Reorganisation Act, 2019 | Jammu and Kashmir, Ladakh | Srinagar/Jammu | | 17 | 13 | 4 | N. Kotiswar Singh |
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11 | scope=row | Jharkhand High Court | | Bihar Reorganisation Act, 2000 | Jharkhand | Ranchi | | 25 | 20 | 5 | Shree Chandrashekhar (Acting) |
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12 | scope=row | Karnataka High Court[10] | | Mysore High Court Act, 1884 | Karnataka | Bengaluru | Dharwad, Kalaburagi | 62 | 47 | 15 | Nilay Vipinchandra Anjaria |
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13 | scope=row | Kerala High Court[11] | | States Reorganisation Act, 1956 | Kerala, Lakshadweep | Kochi | | 47 | 35 | 12 | Ashish Jitendra Desai |
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14 | scope=row | Madhya Pradesh High Court[12] | | Government of India Act 1935 | Madhya Pradesh | Jabalpur | Gwalior, Indore | 53 | 39 | 14 | Sheel Nagu (Acting) |
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15 | scope=row | Madras High Court | | Indian High Courts Act 1861 | Tamil Nadu, Puducherry | Chennai | Madurai | 75 | 56 | 19 | R. Mahadevan (Acting) |
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16 | scope=row | Manipur High Court | | North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 | Manipur | Imphal | | 5 | 4 | 1 | Siddharth Mridul |
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17 | scope=row | Meghalaya High Court | | North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 | Meghalaya | Shillong | | 4 | 3 | 1 | S. Vaidyanathan |
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18 | scope=row | Orissa High Court[13] | | Orissa High Court Ordinance, 1948 | Odisha | Cuttack | | 33 | 24 | 9 | Chakradhari Sharan Singh |
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19 | scope=row | Patna High Court | | Letters Patent issued by then British Crown | Bihar | Patna | | 53 | 40 | 13 | K. Vinod Chandran |
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20 | scope=row | Punjab and Haryana High Court[14] | | Punjab High Court Ordinance, 1947 | Chandigarh, Haryana, Punjab | Chandigarh | | 85 | 64 | 21 | Gurmeet Singh Sandhawalia (Acting) |
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21 | scope=row | Rajasthan High Court | | Rajasthan High Court Ordinance, 1949 | Rajasthan | Jodhpur | Jaipur | 50 | 38 | 12 | Manindra Mohan Shrivastava |
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22 | scope=row | Sikkim High Court | | The 36th Amendment to the Indian Constitution | Sikkim | Gangtok | | 3 | 3 | 0 | Biswanath Somadder |
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23 | scope=row | Telangana High Court[15] | | Andhra Pradesh Reorganisation Act, 2014 | Telangana | Hyderabad | | 42 | 32 | 10 | Alok Aradhe |
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24 | scope=row | Tripura High Court | | North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012 | Tripura | Agartala | | 5 | 4 | 1 | Aparesh Kumar Singh |
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25 | scope=row | Uttarakhand High Court[16] | | Uttar Pradesh Reorganisation Act, 2000 | Uttarakhand | Nainital | | 11 | 9 | 2 | Ritu Bahri |
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Total | 1114 | 840 | 274 | - | |
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High courts by states/union territories
Courts under a high court
See also
Further reading
- Web site: Jurisdiction and Seats of Indian High Courts . Eastern Book Company . 2 September 2005 . 16 January 2020 . https://web.archive.org/web/20200116112219/http://www.ebc-india.com/lawyer/hcourts.htm . live .
- Web site: Judge Strength in High Courts Increased . Press Information Bureau–Govt. of India . 2 September 2005 . 22 October 2017 . https://web.archive.org/web/20171022014634/http://pib.nic.in/archieve/lreleng/lyr2003/roct2003/30102003/r301020036.html . live .
- Web site: Judiciary . Supreme Court of India . 2 September 2005 . dead . https://web.archive.org/web/20050829212628/http://supremecourtofindia.nic.in/new_s/constitution.htm . 29 August 2005 . dmy-all .
- Web site: Constitution of India. Wikisource. 31 December 2005. 21 August 2006. https://web.archive.org/web/20060821065358/http://en.wikisource.org/wiki/Constitution_of_India. live.
- Web site: Madras High Court . Hcmadras.tn.nic.in . 24 December 2015 . 9 May 2017 . https://web.archive.org/web/20170509055050/http://www.hcmadras.tn.nic.in/cjhc.htm . live .
- News: Soon, High Courts in 3 Northeastern States . 11 May 2012 . 11 May 2012 . The Hindu . 17 May 2014 . https://web.archive.org/web/20140517122226/http://www.thehindu.com/news/national/article3409298.ece . live .
- Web site: New Chief Justice of Delhi High Court to Assume Charge on Wednesday . https://web.archive.org/web/20130508221217/http://articles.timesofindia.indiatimes.com/2012-09-21/chennai/34001329_1_delhi-high-court-chief-justice-permanent-judge . dead . 8 May 2013 . . 6 November 2012 .
Notes and References
- Book: Body league my presw Ho Chi Minh....., Engineering New Zealand (Organisation), issuing. EG.. 1015974760.
- News: HCs taking 3 years on average to decide cases: Study. Thakur. Pradeep. March 22, 2016. The Times of India. March 9, 2018. New Delhi. 23379369. 9 March 2018. https://web.archive.org/web/20180309073006/https://timesofindia.indiatimes.com/india/HCs-taking-3-years-on-average-to-decide-cases-Study/articleshow/51503719.cms. live.
- Book: Pylee . M.V. . M. V. Pylee . India's Constitution . 2017 . S. Chand & Company Ltd. . New Delhi . 9789352531042 . 184 . 16th . 24 June 2023 . 14 November 2023 . https://web.archive.org/web/20231114204124/https://books.google.com/books?id=yjJlDwAAQBAJ&pg=PA184 . live .
- Originally established at Agra, it shifted to Allahabad in 1875.
- Web site: High Court of Andhra Pradesh to function at Amaravati from Jan 1, 2019. 2018-12-26. Bar & Bench. 2018-12-27.
- [Lahore High Court]
- Originally known as the High Court of Assam, Arunachal Pradesh, and Nagaland, it was renamed as Gauhati High Court in 1971.
- Originally, known as the Jammu and Kashmir High Court. But Jammu and Kashmir having been bifurcated into two union territories, since the reorganization of the state, the court was renamed as the High Court of Jammu Kashmir and Ladakh in July 2021.
- News: New nomenclature for Jammu and Kashmir High Court . 7 December 2021 . The Hindu . 17 July 2021 . en-IN . 3 September 2021 . https://web.archive.org/web/20210903143931/https://www.thehindu.com/news/national/new-nomenclature-for-jammu-and-kashmir-high-court/article35377076.ece . live .
- Originally known as Mysore High Court, it was renamed as Karnataka High Court in 1974.
- The High Court of Travancore-Cochin was inaugurated at Kochi on 7 July 1949. The state of Kerala was formed by the States Reorganisation Act, 1956. That Act abolished the Travancore-Cochin High Court and created the Kerala High Court. The Act also extended the jurisdiction of the Kerala High Court to Lakshadweep.
- Under the Government of India Act 1935, a High Court was established at Nagpur for the Central Provinces by Letters Patent dated 2 January 1936. After the reorganization of states, this High Court was moved to Jabalpur in 1956.
- Though the State of Orissa was renamed Odisha in March 2011, the Orissa High Court retained its original name. There has been an ongoing discussion on how to legally change the nomenclature of the High Courts to reflect the renaming of states, but so far none has changed.
- Originally known as Punjab High Court, it was renamed as Punjab and Haryana High Court in 1966.
- Originally known as Andhra Pradesh High Court, and it was established on 5 November 1956 but it was renamed as High Court of Judicature at Hyderabad in 2014, renamed again as Telangana High Court on 20 April 1920.
- Originally known as Uttaranchal High Court, it was renamed as Uttarakhand High Court in 2007.