Overview of High Courts
In each state and union territory, the High Courts of India are the primary civil courts with original jurisdiction. A high court's original civil and criminal jurisdiction, on the other hand, is exercised only when the subordinate courts are not allowed by law to hear such cases due to a lack of financial or geographical authority. If specified specifically in a state or federal statute, high courts may also have original jurisdiction in certain matters.
Most high courts' work consists primarily of appeals from subordinate courts and writ petitions filed under Articles 226 and 227 of the constitution. A high court's original jurisdiction is also known as writ jurisdiction. A district and sessions judge rule over each court district in each state. When presiding over a civil matter, he is known as a district judge, and when presiding over a criminal case, he is known as a session's judge.
All Indian courts, including high courts, are bound by the Supreme Court of India's judgements and directives under Article 141 of the constitution. Judges for such high courts are appointed by the President of India, in consultation with the Chief Justice of India and the governor of the state. On the Indian order of precedence, chief justices are ranked fourteenth (within their respective states) and seventeenth (outside their respective states). The number of judges in a court is computed by dividing the average institution of major cases over the previous five years by the national average, or by dividing the average rate of major case disposal per judge per year in that High Court.
List of the Total Number of High Courts in India
In India, there are a total of 25 high courts. The following is a list of High Courts for all states and union territories, along with their foundation year:
Powers and Functions of High Courts
The following are the jurisdiction and powers of the High Court:
Power to Issue Certain Writs: Writs of habeas corpus, mandamus, prohibition, quo-warranto, and certiorari: Every High Court has the authority to issue writs of habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of Fundamental Rights or any other reason.
Power of Superintendence: Every High Court has supervisory authority over all courts and tribunals in the regions over which it has jurisdiction.
Power to Transfer a Case: If the High Court is convinced that a case proceeding in a lower court contains a serious question of law involving the interpretation of the Constitution, the resolution of which is required for the case's resolution, the case shall be dismissed and the High Court may- either get rid of the case on its own; or decide the said issue of law and return the matter to the court from which it was dismissed, together with a copy of the court's decision on the question, and the said court shall continue to dispose of the case following that decision.
Consultation with the Governor in the appointment, posting, and promotion of District Judges: The Governor consults with the High Court in the appointment, posting, and promotion of District Judges. It is also considered when additional members of the State Judicial Service are appointed.
The High Court has authority over the district court and its subordinate courts, including the posting and promotion of, as well as the grant of leave to, people belonging to the judicial service of a State who occupy any office lower to that of a district judge.
Other original and appellate powers: According to the Codes of Civil and Criminal Procedure and the Letters of Patent, the High Court possesses original and appellate jurisdiction in civil and criminal cases.
Did You Know?
The latest high court in India is the Telangana Court and the Andhra Pradesh High Court, both created in 2019. A Chief Justice and several other justices are appointed by the President of India to each High Court.
On January 28, 1950, India's Supreme Court replaced the Federal Court of India, which was formed by the Government of India Act 1935, and the Privy Council, which was the country's highest judicial body during the British era.
The Supreme Court used to meet for 28 days a year, from 10 a.m. to 12 p.m. and then from 2 p.m. to 4 p.m. However, it now meets for 190 days a year.
Dr Rajendra Prasad, India's first President, laid the foundation stone for the Supreme Court building on October 29, 1954.
The structure's two east and west wings were constructed in 1979, and the last extension was added in 1994.
Fathima Beevi, who was appointed to the Supreme Court in 1959, was the first woman judge in India and Asia.
There are presently 34 judges on the Supreme Court of India, including the Chief Justice of India. It's worth noting that the original constitution set the number of judges at eight and left it up to parliament to raise the number as needed. It grew to 11 in 1960, 14 in 1968, 18 in 1978, 26 in 1986, and 31 in 2009.
Conclusion
Therefore, the Indian High Courts, as the state's judiciary, have supreme powers. It has a considerable influence on the country's legal system. It is one such organisation that ensures that decisions are made in a free and fair manner at the local and district levels.
FAQs on High Courts in India
1. How many High Courts are there in India as of the year 2025-26?
As of 2025, there are a total of 25 High Courts in India. A High Court stands as the highest judicial authority within a state. While most states have their own High Court, some have a common High Court for two or more states or union territories.
2. What are the primary powers and jurisdictions of a High Court in India?
A High Court in India exercises several key powers and jurisdictions as part of the Indian judicial system. These include:
- Original Jurisdiction: The power to hear certain cases for the first time, particularly those concerning fundamental rights, wills, marriage, and divorce.
- Appellate Jurisdiction: The authority to hear appeals against the judgments of subordinate courts within its territory, in both civil and criminal matters.
- Supervisory Jurisdiction: The power to supervise the functioning of all lower courts and tribunals within its territorial limits (except military courts).
- Writ Jurisdiction: Under Article 226 of the Constitution, it can issue writs like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo-warranto to enforce Fundamental Rights and for other legal purposes.
3. How are the judges of a High Court appointed?
The judges of a High Court are appointed by the President of India. The appointment process involves consultation with the Chief Justice of India (CJI) and the Governor of the concerned state. For the appointment of a judge other than the Chief Justice of the High Court, the Chief Justice of that High Court is also consulted. To be appointed, a person must be a citizen of India and have at least ten years of experience as a judicial officer or as an advocate of a High Court.
4. What is the key difference between a High Court and the Supreme Court of India?
The primary difference lies in their position and scope of power. The High Court is the highest court of appeal within a state, while the Supreme Court of India is the apex judicial body for the entire country. While both can issue writs, the Supreme Court's decisions are binding on all other courts in India, including all High Courts. The Supreme Court is the final interpreter of the Constitution and has a wider jurisdiction in matters of national importance and disputes between states.
5. Why do some states in India share a common High Court?
The Constitution of India allows for the establishment of a common High Court for two or more states or for two or more states and a union territory. This is done primarily for reasons of administrative convenience, economic feasibility, and to manage judicial workload efficiently, especially for smaller states or union territories. A prominent example is the Punjab and Haryana High Court, which serves as the High Court for both the states of Punjab and Haryana, and the Union Territory of Chandigarh.
6. What does it mean for a High Court to be a 'Court of Record'?
A 'Court of Record' has two main implications. First, the judgements, proceedings, and acts of a High Court are recorded for perpetual memory and testimony. These records are considered to have high evidentiary value and cannot be questioned when produced before any subordinate court. Second, it has the power to punish for contempt of court, which allows it to maintain its authority, dignity, and respect.
7. Which were the first High Courts established in India?
The first High Courts in India were established in 1862 under the Indian High Courts Act of 1861. The three High Courts set up were at Calcutta (now Kolkata), Bombay (now Mumbai), and Madras (now Chennai). These courts replaced the former Supreme Courts that existed in these presidencies during the British era.
8. Which is the newest High Court in India?
The newest High Court in India is the High Court of Andhra Pradesh, established on January 1, 2019. It is the 25th High Court in the country and was created following the bifurcation of the state of Andhra Pradesh, with its principal seat at Amaravati.
