Chapter: 1.3 High Court

High Court
As stated above, India's judicial system is made up of the Supreme Court of India at the apex of the hiearchy for the entire country and High Courts at the top of the hiearchy in each State. These courts have jurisdiction over a state, a union territory or a group of states and union territories. High Courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution.

Each High Court consists of a Chief Justice and a number of puisne judges. A High Court judge is appointed by the President after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the State. A High Court judge holds office till he attains the age of 62 years. A High Court judge can be impeached in the same manner as a Supreme Court judge.

The High Court hears appeals from the subordinate courts and tribunals. It also acts as a court of revision for the subordinate courts and tribunals. The High Court has powers to issue writs of habeas corpus, certiorari and others. Some High Courts also exercise original jurisdiction in civil matters and admiralty jurisdiction. The language of the Supreme Court and the High Court is English.

Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.

District Courts

The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs.

The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.