Table of Contents
- Establishment of High Courts
- Constitution of High Courts (Article 216)
- Appointment & Conditions of Office (Article 217)
- Oath or Affirmation (Article 219)
- Transfer of Judges (Article 222)
- Other Important Articles
Establishment of High Courts (Article 214)
Article 214 provides that there shall be a High Court for each State in India.
Constitution of High Courts (Article 216)
Article 216 provides that every High Court consists of a Chief Justice and such other judges as the President may from time to time appoint.
Appointment & Conditions of Office (Article 217)
Every judge of a High Court shall be appointed by the President under his hand and seal, after consultation with:
- The Governor of the concerned State, and
- In the case of judges other than the Chief Justice, the Chief Justice of the High Court
Resignation/Removal/Vacation:
- A judge may resign by writing to the President.
- A judge may be removed as per Article 124(4).
- A judge vacates office if transferred by the President to another High Court.
Qualifications:
- Must have held a judicial office in India for at least 10 years, or
- Must have been an advocate in the territory of India for at least 10 years.
Oath or Affirmation (Article 219)
Every person appointed as a judge of a High Court shall subscribe an oath or affirmation before the Governor of the State or a person appointed by the Governor.
Transfer of Judges (Article 222)
The President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to another.
Other Important Articles Related to High Courts
Restriction on Practice After Holding Office (Article 220)
No person who has held office as a permanent judge of a High Court shall plead or act in any court or before any authority in India except the Supreme Court and other High Courts.
Power of Superintendence over Subordinate Courts (Article 227)
Every High Court shall have superintendence over all courts and tribunals within its jurisdiction. The High Court may:
- Call for returns from such courts
- Make and issue rules for practice and proceedings
- Prescribe the forms in which records and accounts shall be maintained
Transfer of Certain Cases to High Court (Article 228)
If the High Court is satisfied that a pending case in a subordinate court involves a substantial question of law as to the interpretation of the Constitution:
- (a) It may dispose of the case itself, or
- (b) Determine the constitutional question and return the case with its decision to the lower court for final disposal.
