High Courts: Structure & Jurisdiction

3.1 Constitutional Position

High Courts are established under Article 214 (one HC per State). Article 215 declares each HC a court of record — its judgments are precedents for subordinate courts. The Rajasthan High Court is at Jodhpur (with a bench at Jaipur), established in 1949.

Composition (Article 216): A Chief Justice + such other judges as the President appoints, after consulting the CJI and the Governor of the State. In 2026, there are 25 HCs in India.

Tenure and Transfer:

• Judges serve until age 62 (Article 217)
• Can be transferred from one HC to another by the President after consultation with the CJI (Article 222)

3.2 Jurisdiction of High Courts

Original Jurisdiction:

• HCs have original civil and criminal jurisdiction in certain matters
• Calcutta, Bombay, and Madras HCs retain original civil jurisdiction under Letters Patent

Appellate Jurisdiction:

• Most HCs function primarily as appellate courts
• Hear appeals from subordinate civil and sessions courts

Supervisory Jurisdiction (Article 227):

• Every HC supervises all courts and tribunals within its territorial jurisdiction
• Exception: courts constituted under laws relating to the armed forces
• A broad power to ensure lower courts act within their authority

Writ Jurisdiction (Article 226):

• HCs can issue writs for enforcement of fundamental rights (like the SC under Article 32)
• Importantly, also for any other purpose — making HC writ jurisdiction broader than SC's Article 32
• For other legal rights (beyond FRs), only the HC under Article 226 can be approached

3.3 Judges' Independence

Judicial independence is protected through:

• Salaries charged to Consolidated Fund of India (not State Fund — Article 221)
• Removal only through Presidential order after SC inquiry (Article 217(1)(b))
• Prohibition on practice after retirement in courts where they served (partly)

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