Polity · X-Factor Notes
The High Court revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Basis | Articles 214 to 231 in Part VI of the Constitution deal with the organization, independence, jurisdiction, powers, and procedure of the High Court. | |
| Integrated Judiciary | Under the Indian Constitution, an Integrated Judicial system exists with the Supreme Court at the top, followed by the High Courts. This system was adopted from the Government of India Act 1935 The High Court occupies the top position in the judicial administration of the state. | |
| Establishment | The institution of High Court originated in India in 1862 with High Courts set up at Calcutta, Bombay, and Madras | |
| High Court Location (Uttar Pradesh) | The High Court of Judicature for the North-Western Provinces was set up in 1866 at Agra. Its seat was shifted to Allahabad in 1869. | |
| Common High Court (Article 214) | The Constitution provides a High Court for each state, but the 7th Amendment Act of 1956 authorized Parliament to establish a common High Court for two or more states and/or a Union Territory. | |
| Number of High Courts | There are currently 25 High Courts in India. | U.P. Lower Sub. (Pre) 2008 |
| Jurisdiction over Multiple States | Seven High Courts have jurisdiction over more than one state/Union Territory. Excluding UTs, Three High Courts have jurisdiction over more than one State (Gauhati, Bombay, Punjab & Haryana). Bombay High Court has jurisdiction over Maharashtra, Goa, Daman and Diu, and Dadra and Nagar Haveli | |
| Union Territories High Court (Article 241) | Delhi and Jammu & Kashmir are Union Territories that have their own High Court. | |
| Provision for UT High Courts | Delhi and Jammu & Kashmir are the Union Territories that have their own High Courts. Parliament may constitute a High Court for a Union Territory or declare any court in that territory to be a High Court, as per Article 241 | U.P. R.O./A.R.O. (Mains) 2016 |
| High Court as Court of Record (Article 215) | High Courts are deemed a Court of Record under Article 215. This implies that its decisions have evidentiary value and cannot be questioned in any court. | UPPCS (Pre) 2008 |
| Transfer of Judges | Provision for transfer of Judges from one High Court to another is covered under Article 222. |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Appointment Authority | Every Judge of a High Court is appointed by the President by warrant under his hand and seal. The Governor does not appoint High Court Judges. | UPPCS (Mains) 2016, UPPCS (Mains) 2005 |
| Resignation | A High Court Judge addresses his letter of resignation to the President of India (Article 217(1)(a) | |
| Retirement Age |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Writ Jurisdiction (Art 226) | The power of the High Court to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) covers Constitutional Rights, Statutory Rights, and Fundamental Rights. | UPPCS (Pre) 1997 |
| Scope of Writ Power | The High Court can issue writs for the enforcement of Fundamental Rights or for any other purpose (Legal Rights). This broader scope means HCs are arguably in a better position to protect citizens' rights than the SC (which is limited to Fundamental Rights protection under Article 32). | U.P. Lower Sub. (Pre) 2004, UPPCS (Pre) 1999, U.P. R.O./A.R.O. (Pre) (Re-Exam) 2016 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| District Judge Appointment (Article 233) | The appointment, posting, and promotion of District Judges (Article 233) are made by the Governor of the state in consultation with the High Court. | |
| High Court Control | Article 235 empowers the High Court to have control over all other subordinate courts in that state. | |
| District Judge Term |
| The age of retirement for a High Court Judge is 62 years. Prior to the 15th Constitutional Amendment (1963), it was 60 years |
| U.P. Lower Sub. (Pre) 2002 |
| Removal | The mode of removal of a High Court Judge is the same as that of a Judge of the Supreme Court. |
|---|
| Appointment of Additional/Acting Judges | Additional and acting Judges in the High Court are appointed under Article 224 by the President for a temporary period (not exceeding two years) to address increased business or arrears. | U.P. R.O./A.R.O. (Pre) (Re-Exam) 2016 |
|---|
| Salaries and Allowances | Salaries and allowances of HC Judges are charged to the Consolidated Fund of the State (Article 202(3)(d)). | UPPCS (Mains) 2013 |
|---|
| Pension | The pension of a retired High Court Judge is charged to the Consolidated Fund of India (Article 112(3)(d)). | UPPCS (Mains) 2013 |
|---|
| Jurisdiction Types |
|---|
| The main jurisdictions of a High Court are Original, Appellate, and Supervisory Jurisdiction. Advisory jurisdiction is primarily the function of the Supreme Court (Article 143), not the main jurisdiction of the High Court. |
| UPPCS (Mains) 2007 |
| Advisory Jurisdiction | Advisory jurisdiction is NOT a main jurisdiction of the High Court; this jurisdiction is vested in the Supreme Court (Article 143). | UPPCS (Mains) 2007 |
|---|
| Review of Judgment | A High Court in India has the power to review its own judgment, similar to the Supreme Court. |
|---|
| Administrative Capacity | When the Chief Justice of a High Court acts in an administrative capacity, he is subject to the writ jurisdiction of any of the other judges of the High Court. |
|---|
| Basic Structure | The power of judicial review vested in the High Courts under Article 226 and in the Supreme Court under Article 32 is considered an inviolable basic structure of the Constitution. | UPPCS (Pre) 1999 |
|---|
| Judicial Review | The power of Judicial Review is enjoyed by both the Supreme Court as well as High Courts. | U.P. P.C.S. (Mains) 2017 |
|---|
| The term District Judge is mentioned in Article 233 of the Constitution. |
| Preventive Detention | Under Preventive Detention, a person can be detained without trial for a maximum period of three months. | UPPCS (Mains) 2009 |
|---|
