The constitutional provisions pertaining to High Courts in India are primarily outlined in Part VI of the Constitution of India, which deals with the states in the Indian Union. The specific provisions related to High Courts are detailed in Articles 214 to 231.
1. Appointment and Qualifications of Judges (Article 217):
- Article 217 outlines the appointment and qualifications of judges of High Courts.
- Key points include qualifications, age limits, and the process of appointment, which involves the President of India, the Chief Justice of India, and the Governor of the state.
2. Composition of High Courts (Article 216):
- Article 216 specifies that every High Court shall consist of a Chief Justice and such other judges as determined by the President.
3. Constitution of High Courts (Article 214):
- Article 214 deals with the constitution of High Courts in states. It mentions that every state shall have a High Court, and the Parliament may establish a common High Court for two or more states or union territories.
4. Appointment of Acting Chief Justice (Article 223):
- Article 223 empowers the President to appoint an acting Chief Justice in the absence of the Chief Justice of a High Court.
5. Oath or Affirmation by Judges (Article 219):
- Article 219 mandates that every judge of a High Court shall make and subscribe an oath or affirmation before the Governor of the state or some person appointed by the Governor for this purpose.
6. Transfer of Judges from One High Court to Another (Article 222):
- Article 222 provides for the transfer of a judge from one High Court to another after consultation between the Chief Justice of India and the concerned Chief Justices.
7. Appointment of Retired Judges at Sittings of High Courts (Article 224A):
- Article 224A allows the Chief Justice of a High Court to appoint retired judges at sittings of the High Court to deal with pending cases.
8. Salaries, Allowances, and Pension of Judges (Article 125 and Article 221):
- Article 125 deals with the salaries and allowances of judges of the High Court and the Supreme Court, while Article 221 allows for the provision of pensions for retired judges.
9. Jurisdiction and Powers of High Courts (Article 225):
- Article 225 provides that the jurisdiction and powers of High Courts shall be determined in accordance with the Constitution and law.
10. Extension of Jurisdiction of High Courts to Union Territories (Article 241):
- Article 241 empowers the President to extend the jurisdiction of one High Court to another Union Territory or to establish a High Court for a Union Territory.
11. Adjudication of Disputes Relating to Waters (Article 262):
- Article 262 deals with the adjudication of disputes relating to waters between states or between states and the Union. It provides for the resolution of such disputes by Parliament.
12. Appointment of Additional and Acting Judges (Article 224 and Article 224A):
- Article 224 allows for the appointment of additional and acting judges by the President to deal with cases or temporarily augment the strength of a High Court.
13. Transfer of Certain Cases to Supreme Court (Article 130 and Article 139A):
- Article 130 allows for the transfer of certain cases from a High Court to the Supreme Court. Article 139A provides for the transfer of certain cases from one High Court to another.
14. Review of Judgments or Orders by the Supreme Court (Article 136):
- Article 136 grants the Supreme Court the power to review any judgment or order passed by any court or tribunal in the territory of India.
These constitutional provisions collectively establish the framework for the establishment, composition, powers, and functioning of High Courts in India. They play a crucial role in upholding the rule of law, protecting fundamental rights, and ensuring access to justice at the state level.
