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High Courts

Composition, Article 226 & The Apex of State Justice

PART I — STRUCTURE & APPOINTMENT

ARTICLE 214 & 216

Every High Court consists of a Chief Justice and such other judges as the **President may from time to time deem necessary**. (Unlike the SC, the Constitution does not specify a maximum strength for HCs).
**Appointment:** Judges are appointed by the President.
For the Chief Justice of the HC, the President consults the CJI and the Governor of the state. For other judges, the Chief Justice of the concerned HC is also consulted. (Collegium system dictates the actual binding recommendation).

ARTICLE 226

Under Art 226, the HC can issue writs (Habeas Corpus, Mandamus, etc.) to any person or authority within its territorial jurisdiction.
**Crucial Distinction:** The Supreme Court (Art 32) can issue writs *only* for the enforcement of Fundamental Rights.
The High Court can issue writs for the enforcement of Fundamental Rights **AND for "any other purpose"** (e.g., ordinary legal rights). Thus, the writ jurisdiction of the HC is technically *wider* than that of the SC.

THE LEGAL PATHWAYS

**Original Jurisdiction:** Hears matters at the first instance (e.g., admiralty, will, marriage, divorce, company laws, contempt of court, and election disputes involving MPs and MLAs).
**Appellate Jurisdiction:** It is primarily a court of appeal. It hears appeals against the judgments of subordinate courts functioning within its territorial jurisdiction, in both civil and criminal matters.

ARTICLE 227

Every High Court has the power of superintendence over **all courts and tribunals** functioning within its territorial jurisdiction.
*Exception:* This power does not extend to any court or tribunal constituted under any law relating to the Armed Forces (Military Tribunals).
It exercises administrative control, sets rules of practice, and can call for returns from subordinate courts to ensure they function within legal bounds.

INITIALIZE: WORLD O — REALM 159 (SUBORDINATE COURTS)