Articles 214 to 231 - The High Court
- Legal Journey
- Nov 1
- 12 min read
The States
Part VI
(Articles 152 to 237)
The State Judiciary
Chapter V
(Articles 214 to 231)
- The High Court is the Highest Court within the State.
- It is the Head of the Judiciary in the State.
Article 214. High Courts for States
- This Articles simply declares that there shall be a High Court for each State.
Does this mean that each State shall have a separate High Court?
- NO, this does NOT mean that each State shall have a separate High Court.
- Because, Article 231(1) empowers the Parliament to establish a common High Court for two or more States OR for two or more States and a Union Territory.
Article 215. High Courts to be Courts of Record
- It declares that every High Court shall be a Court of record; and
- Shall have all the powers of such a Court, including the power to punish for contempt of itself.
- A Court of Record is such a Court whose records are admitted to be of evidentiary value and they are NOT to be questioned when they are produced before any Court.
- Once a Court is made a Court of Record, its power to punish for contempt necessarily follows from that position.
- Similar to the Supreme Court, the High Court is also a Court of Record and has all the same powers of a Court of record.
- Only difference being, the High Court exercises this power within its relevant State or common States or Union Territories as the case may be.
Article 216. Constitution of High Courts
- Every High Court shall consist of:-
A Chief Justice; and
Such other judges as the President may from time to time deem it necessary to appoint.
- Hence, unlike in the case of the Supreme Court, the Constitution does NOT provide a fixed number of judges of a High Court.
Article 217. Appointment and conditions of the office of a Judge of a High Court
Clause (1) - Every Judge of the High Court is appointed by the President.
- On the recommendation of the collegium consisting of the Chief Justice of India and 2 senior most Judges of the Supreme Court.
- The proposal, however, is initiated by the serving Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- This system was set up in the case of In Re Presidential Reference (1999 SC) [Third Judges Case].
- A Judge of the High Court shall hold office until he attains the age of 62 years.
99th Constitutional Amendment Act, 2014
- It amended Articles 124(2), 127 and 128.
- It also inserted Articles 124A, 124B, and 124C.
- The National Judicial Appointments Commission Act, 2014 was also passed.
- By this Amendment, the appointment of Judges was to be recommended by the National Judicial Appointments Commission.
- After this Amendment, NO consultation of the CJI or collegium was required.
Supreme Court Advocates-on-Record Association V. Union of India (2015 SC) [Fourth Judges Case]
- The Court held the National Judicial Appointments Commission Act, 2014 to be unconstitutional and void.
- The 99th Constitutional Amendment Act, 2014 was struck down.
- It was held that the amendment infringes the independence of the Judiciary.
- The Collegium System stands revived.
Provided, A Judge :-
(a) May resign to the President,
(b) May be removed by the President in the manner provided in Article 124(4), i.e. the Same impeachment process as that of a Supreme Court judge.
(c) His seat shall be vacated when he is either :-
(i) Appointed as a Judge of the Supreme Court by the President, OR
(ii) Transferred to any other High Court by the President.
Clause (2) - Qualifications to be a High Court Judge are:-
and | |
10 years held judicial office in India, OR | 10 years as Advocate of a High Court or of two or more such Courts in succession. |
Clause (3) - If any question arises as to the age of a Judge of a High Court
- The question is to be decided by the President
- In consultation with the Chief Justice of India.
- Such a decision of the President shall be final.
Article 218. Application of certain provisions relating to Supreme Court to High Courts
- It simply declares that the provisions of Article 124 (4) and (5) shall apply to the High Court in the same manner as it does to the Supreme Court.
- This is to be done by substituting every reference of the Supreme Court to be reference of the High Court.
- Clause (4) and (5) of Article 124 provides for the removal process of the Judge of the Supreme Court.
- So as per this Article, the same process is to be followed while constructing the word Supreme Court judge to mean High Court.
- It would read as follows :-
Clause (4) - It provides for the removal process of a High Court Judge.
- Only two grounds are provided for removal of a High Court Judge which are Proved Misbehaviour OR Incapacity.
- A High Court Judge can ONLY be removed by an order of the President.
- But, for the order to be passed the following criteria is to be followed.
- Firstly, an address is to be presented to each House of Parliament.
Clause (5) - It declares that the Parliament is empowered to regulate by law:-
- The procedure for the presentation of an address, and
- The investigation and proof of misbehaviour or incapacity of a Judge.
Clause (4) - The address so presented under Clause (4) must then be passed by a majority of Total Membership of the House (50% +1 of total membership) and
- Majority of at least 2/3rd of members present and voting.
- Both of these together are known as a Special Majority.
- Such Majority is to be achieved by Both the Houses of Parliament.
- After being passed by the Parliament, it is then presented to the President.
- Who can then by an order remove such a Judge.
Article 219. Oath or affirmation by Judges of High Courts
- Every person appointed as Judge of the High Court, before entering his office, must make and subscribe an oath or affirmation to the Governor of the State.
- In the form set out in the 3rd Schedule.
Article 220. Restriction on practice after being a permanent Judge
- When a person has held office as a permanent Judge of the High Court, he shall NOT:-
Plead OR Act,
In any Court or any authority,
- Except in the Supreme Court OR the Other High Court
Article 221. Salaries, etc., of Judges
Clause (1) - Such salaries as determined by the Parliament by law.
- Until such a provision is made, the 2nd Schedule is to be followed.
Clause (2) - Such privileges, allowances, and rights relating to leave of absence and pension, as determined by the Parliament by law.
- Until such a provision is made, the 2nd Schedule is to be followed.
- Provided, the privileges, allowances, nor his rights relating to leave of absence and pension, shall NOT be varied to his disadvantage after his appointment.
Article 222. Transfer of a Judge from one High Court to another
Clause (1) - The President may transfer a Judge from one High Court to any other High Court.
- Such order can ONLY be made after consultation with the Collegium system consisting of:-
The Chief Justice of India; and
4 senior most judges of the Supreme Court; and
Also the 2 Chief Justices of the relevant High Courts (one Court where transferred from and the one Court which is receiving the Judge).
- This system was established in the In Re Presidential Reference (1999 SC) [Third Judges Case].
Clause (2) - It provides for compensatory allowance for any transferred judge.
- The said allowance is to be determined by Parliament by law.
- Until so determined, it is as such as the President may by order fix.
Article 223. Appointing of acting Chief Justice
- When the office of Chief Justice of High Court is vacant, OR
- When the Chief Justice of High Court is for any reason absent,
- Then, the duties of the office shall be performed by such other Judge of the Court as the President may appoint for this purpose.
Article 224. Appointment of additional and acting Judges
Clause (1) - If by reason of:-
Any temporary increase in the business of the High Court; OR
Arrears of work therein,
- It appears to the President that the number of judges should be increased for the time being.
- The President may appoint such duly qualified persons to be additional judges of the Court for a period NOT exceeding two years.
Clause (2) - When any Judge of the High Court, other than the Chief Justice is either:-
Absent; Or
Unable to perform the duties for any reason; Or
Is acting as Chief Justice.
- The President may appoint a duly qualified person to act as a Judge of the High Court, until the permanent judge has resumed his duties.
Clause (3) - NO person appointed as an additional or acting judge of a High Court shall hold office after attaining the age of 62 years.
Article 224-A. Appointment of retired Judges at sittings of High Court
- Notwithstanding anything in this Chapter (The State Judiciary).
- The Chief Justice of High Court may,
- With the consent of the President of India,
- Request any retired Judge :-
Of the same High Court, OR
Of some other High Court
- To sit and act as a Judge of the High Court.
- If such person accepts then,
- While sitting and acting as Judge of the High Court,
- He shall be entitled to such allowances as the President may by order determine, and
- Have all the jurisdiction, powers and privileges of a High Court Judge.
- But, he shall NOT exercise any other duties of a High Court Judge.
- Provided, any appointment under this Article is allowed only when the person to be appointed CONSENTS to it.
Article 225. Jurisdiction of existing High Courts
- The Jurisdiction of, and the law administered in the High Courts shall be the same as immediately before the commencement of this Constitution.
- But this is subject to:-
The Provisions of this Constitution; and
The Provisions of any law made by the appropriate legislature.
Article 226. Power of High Courts to issue certain writs
Clause (1) - Notwithstanding anything in Article 32.
- Every High Court shall have powers throughout its territories to issue to:-
Any person or authority,
Including in any cases, any Government
Any:-
Directions | Orders | Writs |
- Including writs in the nature of -
Habeas Corpus | Mandamus | Prohibition | Quo Warranto | Certiorari |
Or any of them |
- For the enforcement of any of the rights:-
Conferred by Part III [Fundamental Rights]; AND
For any other purpose.
Note - The words “for any other purpose” refer to enforcement of a legal right or legal duty.
- They do NOT mean that a High Court can issue writs for any purpose it pleases.
Clause (4) - It declares that the power conferred on the High Court under Article 226 shall NOT be in derogation of the power conferred on the Supreme Court under Article 32(2).
Clause (2) - It clarifies that the power under Article 226 can be exercised if the cause of action, wholly or in part, arises in its territorial jurisdiction.
- Even if, against whom it is to be exercised does NOT have a seat (in case of government or authority) OR residence (in case of person) within those territories.
Clause (3) - It provides that where an interim order is passed against a party (ex-parte) without:-
(a) Furnishing him the copies of such petition; AND
(b) Giving him an opportunity of being heard.
- And, if that party makes an application to the High Court for the vacation of such order,
- The High Court shall be bound to dispose of such an application within two weeks.
- If the High Court fails to dispose of the application within the period of two weeks,
- The interim order shall, on the expiry of the said period, stand automatically expired.
Article 227. Power of superintendence over all Courts by the High Court
Clause (1) - Every High Court shall have superintendence over all Courts and Tribunals throughout its territorial jurisdiction.
Clause (2) - Without prejudice to the generality of Clause (1).
- The High Court may :-
(a) Call for returns from such Courts;
(b) Make and issue general rules and prescribe forms for regulating the practice and proceedings of such Courts; and
(c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any Courts.
Clause (3) - The High Court may also settle tables of fees to be allowed to the officers of the such Courts and to advocates practising therein:
- Provided Anything done under Clause (2) or (3) shall NOT inconsistent with the provision of any law.
- Additionally, they shall also require previous approval of the Governor.
Clause (4) - This Article shall NOT apply to any Courts or Tribunal constituted under any law relating to the Armed Forces.
- The power of superintendence conferred on the High Court under Article 227 is a very wide power.
- This power is wider than the power conferred on the High Court to control subordinate courts through writs under Article 226.
- It is NOT confined only to administrative superintendence but also Judicial superintendence over all subordinate courts within its jurisdiction.
- The power of superintendence conferred on the High Courts by Article 227 being extraordinary to be exercised most sparingly and ONLY in appropriate cases in order to keep the subordinate Courts, within the bounds of their authority and NOT for correcting mere error of facts, however, erroneous those may be.
- The main grounds on which the High Court usually interferes are when the inferior courts:-
Act arbitrarily; OR
Act in excess of jurisdiction vested in them; OR
Fail to exercise jurisdiction vested in them; OR
Act in violation of principles of natural justice; OR
If there is error of law apparent on the face of record.
Article 228. Transfer of certain cases to High Court
- If the High Court is satisfied that a case pending in a Subordinate Court within its Jurisdiction :-
Involves a substantial question of law, and
The determination of such a question is necessary for the disposal of the case.
- It shall withdraw and may :-
(a) Either dispose of the case itself; OR
(b) Determine the said question of law and return the case to the Subordinate Court from where it was withdrawn.
- The said Court shall then dispose of the case in accordance with the aforesaid determination.
Article 229. Officers and servants and the expenses of High Courts
Clause (1) - Appointments of officers and servants of the High Court shall be made by the Chief Justice of the Court.
- Provided, The Governor may by rule require that in particular cases (to be specified in the rule), NO person not already attached to the Court shall be appointed to any office connected with the Court.
- But, such appointments can be done after consultation with the State Public Service Commission.
Clause (2) - Conditions of services of officers and servants of the High Court shall be such as may be prescribed by the rules made by the Chief Justice of the Court.
- But these conditions of service will be subject to any law made by the Parliament.
- Provided, Any rule made under this clause which relates to salaries, allowances, leave or pensions, shall require the approval of the Governor.
Clause (3) - The administrative expenses of the High Court, including ALL salaries, allowances and pensions payable to officers and servants of the Court shall be charged upon the Consolidated Fund of State.
- Any fees or other money taken by the Court shall form part of the Fund.
Article 230. Extension of jurisdiction of High Courts to Union Territories
Clause (1) - Parliament may by law :-
Extend; OR
Exclude.
- The Jurisdiction of a High Court from any Union Territory.
Clause (2) - Where the High Court of a State exercises jurisdiction in relation to a Union Territory:-
(a) The State Legislature shall NOT be empowered to increase, restrict or abolish that jurisdiction; AND
(b) The reference in Article 277 to the Governor shall for the purpose of previous approval be construed as reference to the President.
Frequently Asked Questions
Q) How is the independence of the High Court ensured under the Constitution?
A) Judicial independence is protected through provisions like security of tenure (Article 217), fixed salaries (Article 221), removal only by impeachment (Article 218), and control over staff and expenses (Article 229).
Q) Can the High Court issue writs even when fundamental rights are not violated?
A) Yes. Under Article 226, the High Court can issue writs “for any other purpose”, meaning it can enforce legal rights as well, not just fundamental rights.
Q) What is the significance of Article 227 compared to Article 226?
A) While Article 226 deals with issuing writs for enforcing rights, Article 227 gives the High Court supervisory powers over all courts and tribunals within its jurisdiction, even for administrative purposes.
Q) Can a retired High Court Judge be reappointed to serve again?
A) Yes. Under Article 224-A, the Chief Justice of a High Court, with the President’s consent, can request a retired Judge to sit and act as a High Court Judge temporarily.
Q) Can a High Court review its own judgments?
A) Yes. As a Court of Record (Article 215), a High Court has the inherent power to review and correct its own judgments to prevent miscarriage of justice.
The High Courts are the backbone of justice in every State - Interpreting the law, protecting rights, and maintaining the rule of law.
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