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Political Science

Structure of Government

15
HIGH COURTS AND
SUBORDINATE COURTS

Notes

You have already read about the role of Indias highest Court called the Supreme Court.
Just below the Supreme Court, there are High Courts which are the highest courts of law
in States. The High Courts are part of the Indian judiciary, and function under the supervision,
guidance and control of the Supreme Court. As highest court in the State, a High Court
supervises the subordinate courts in the State. The High Courts are mainly courts of
appeal. These Courts hear appeals from numerous subordinate courts working at district
level. The system of appointment of judges, their qualifications and the working of
subordinate courts is under the direct control and supervision of the High Court of the
State concerned. In this lesson you will read about the State High Courts. You will also get
an idea of subordinate courts, including the District and Session Courts.

Objectives
After studying this lesson, you will be able to
l

describe the composition and organisation of the High Courts;

explain the powers and jurisdiction of the High Courts;

appreciate the role of the High Courts as protector of fundamental rights; and

explain the working of the subordinate or lower courts.

15.1 The State High Courts

At present there are 21 High Courts for 28 States and seven Union Territories. The High
Courts are the highest courts at State level, but being part of integrated Indian judiciary
they work under the superintendence, direction and control of the Supreme Court.

15.1.1 Composition
There is a High Court for each State. However, there can be a common High Court for
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two or more States. For example, the States of Punjab and Haryana and the Union Territory
of Chandigarh have a common High Court situated at Chandigarh. Similarly, the High
Court of Guwahati is common for seven northeastern States of Assam, Nagaland, Manipur,
Meghalaya, Mizoram, Tripura and Arunachal Pradesh. Delhi, though not a State, has its
own separate High Court. Every High Court has a Chief Justice and a number of judges.
The number of judges varies from State to State. The number of judges of each High
Court is determined by the President.

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Notes

The judges of the High Courts are appointed by the President of India. While appointing
Chief Justice of a High Court, the President has to consult the Chief Justice of the Supreme
Court and the Governor of the State concerned. While appointing other judges, the President
consults the Chief Justice of the Supreme Court, the Chief Justice of the High Court and
Governor of the State concerned. The judges can be transferred from one High Court to
another by the President. As mentioned earlier, consultation with the Chief Justice of the
Supreme Court in respect of appointments and transfers of the judges of the High Court is
also obligatory and binding for the President. While the constitutional status of the President
remains intact, the actual selection of judges is made by a team of senior judges of the
Supreme Court, headed by the Chief Justice of India in accordance with 1993 ruling as
reinterpreted in 1999 by the Supreme Court.This is known as Collegium of the Supreme
Court. Its recommendations are binding on the President.

15.1.2 Qualifications, Tenure and Removal of the Judges

In order to be appointed as a judge of a High Court, the person concerned should possess
following qualifications:
(i) He or she should be a citizen of India.
(ii) He or she should have held a judicial office, at the district level or below for at least
ten years.
OR
He or she should have been an advocate in one or more High Courts for at least ten
years continuously without break.
Once appointed, the High Court judges hold office till they attain the age of 62 years. After
retirement, they may be appointed judges of the Supreme Court or they may practise as
advocates either in the Supreme Court or in any High Court other than the High Court in
which they served as judges.
A High Court judge may be removed before he or she attains the age of 62 years, only on
the ground of incapacity or proved misbehaviour. He or she may be removed if both the
Houses of Parliament adopt a resolution by a majority of their total membership and by
two thirds majority of members present and voting, separately in each House in the same
session. Such a resolution is submitted to the President, who then can remove the concerned
judge. This procedure is same as for removal of judges of the Supreme Court.

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Intext Questions 15.1

Fill in the blanks :
(i) At present there are ____________ High Courts in India. (18, 20, 21)
(ii) The Union Territory of ___________ has its own separate High Court. (Daman and
Diu, Chandigarh, Delhi)

Notes

(iii) The judges of the High Court are appointed by the _____________(Governor,
President, Prime Minister)
(iv) The retirement age of the judges of a High Court is __________ years. (60, 62, 65)

15.2 Powers and Jurisdiction of the High Court

The High Courts have the power to hear and decide cases which are brought directly to it.
This power is called Original Jurisdiction. When a High Court hears an appeal against the
decision of a lower court, it is called Appellate Jurisdiction. A High Court is mostly a court
of appeal. Appeals in both civil and criminal cases are brought to it against the decisions of
the lower courts.

15.2.1 Original Jurisdiction

The original jurisdiction of the High Courts is very limited. Cases of alleged violation of
fundamental rights can be started in High Courts, or in the Supreme Court. The High
Courts have the power to issue orders to restore the fundamental rights of the people. You
will recall that these orders are called writs.
Power to Issue Writs: You have read in the Right to Constitutional Remedies in the
lesson on Fundamental Rights that the Supreme Courts and High Courts can issue writs
to ensure that rights of the people are not violated either by State or otherwise. The
Constitution has specifically given the power to issue certain writs to the High Courts.
These Courts can issue writs (which are binding directions of the Court) to any person or
authority, including government of the State concerned. The writs in the nature of Habeas,
Corpus, mandamus, prohibition, quo warranto, and certiorari (explained in lesson 6)
for the enforcement of rights of the people. This power is exercised in the original jurisdiction
of the High Court, and is not derogatory to similar power of the Supreme Court.
A High Court can hear election petition in its original jurisdiction, challenging the election
of a Member of Parliament or State Legislative Assembly. It can set aside the election of
a member if it finds that he or she used corrupt means in his or her election. All the lower
courts function under the superintendence control and guidance of the High Court in the
State.
High Courts hear appeals against the judgements of the subordinate courts. In civil cases,
appellate jurisdiction extends to all such cases which involve an amount exceeding
Rs. 5 lakh. Any party to a civil dispute, which is dissatisfied with the decision of the
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District Court may appeal against the decision of the District Court in the High Court. It
also hears cases relating to patents and designs, succession, land acquisition, insolvency
and guardianship.
The High Courts hear and decide appeals against decisions of the sessions courts in criminal
cases. An accused who is found guilty by a sessions court, and awarded a sentence may
file an appeal against the verdict of the sessions court. Sometimes even State may appeal
against a sessions court judgement for enhancement of punishment. The High Court may
accept the decision of the sessions court, or alter it and increase or reduce the sentence, or
change the nature of sentence, or may acquit an accused. However, if an accused is
awarded death sentence by the sessions court, the sentence must be confirmed by the
High Court before the person is hanged to death. Even if the accused does not file an
appeal against death sentence, the State refers it to the High Court for confirmation.

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Notes

15.2.2 Transfer of Cases to the High Court

If a High Court is satisfied that a case pending in a subordinate court involves a substantial
question of law as to the interpretation of the Constitution, the High Court may withdraw
such a case from the lower court. After examining the case, the High Court may either
dispose it off itself, or may return it to the lower court with instructions for disposal of the
case.

15.2.3 Superintendence of Subordinate Courts

A High Court has the right of superintendence and control over all the subordinate courts
in all the matter of judicial and administrative nature. In the exercise of its power of
superintendence, the High Court may call for any information from the lower courts; may
make and issue general rules and prescribe norms for regulating the practice and
proceedings of these courts; and it may issue such directions, from time to time, as it may
deem necessary.
It can also make rules and regulations relating to the appointment, demotion, promotion
and leave of absence for the officers of the subordinate courts.

15.2.4 Court of Record

A High Court is also a court of record, like the Supreme Court. Lower courts in a State are
bound to follow the decisions of the High Court which are cited as precedents. A High
Court has also the power to punish for its contempt or disrespect.

Intext Questions 15.2

1. Though not a state, ______________ has High Court.
2. Which punishment awarded by lower courts cannot be implemented without
confirmation by the High Court?
.........................
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15.3 Subordinate or Lower Courts in Districts

Subordinate or Lower Courts

Notes

Civil Courts
District Judge
or District and
Sessions Judge

Criminal Courts

Revenue Courts

Sessions Judge
or District and
Sessions Judge

Board of Revenue

Commissioner,
Collector

Sub JudgeFamily Courts

Tehsildar

Munsif

Naib Tehsildar

Small Causes Courts

Metropolitan Magistrate
Or
I Class Magistrate
II Class Magistrate
III Class Magistrate

In each district of India there are various types of subordinate or lower courts. They are
civil courts, criminal courts and revenue courts. These Courts hear civil cases, criminal
cases and revenue cases, respectively.
Civil cases pertain to disputes between two or more persons regarding property, breach
of agreement or contract, divorce or landlord tenant disputes. Civil Courts settle these
disputes. They do not award any punishment as violation of law is not involved in civil
cases.
Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pickpocketing, physical assault, murder, etc. These cases are filed in the lower court by the
police, on behalf of the state, againt the accused. In such cases the accused, if found
guilty, is awarded punishment like fine, imprisonment or even death sentence.
Revenue cases relate to land revenue on agriculture land in the district.

15.3.1 Qualifications and Appointment of Judges

The judges of subordinate courts are appointed by the Governor in consultation with the
Chief Justice of the High Court of the concerned State. These days, in most of the States
judicial service officers including the magistrates are selected through competitive
examinations held by the State Public Service Commission. They are finally appointed by
the Governor.
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Any person who has been an advocate for at least seven years or one who is in the
service of the State or the Central Government is eligible to be a judge of the District
Court provided he/she possess the required legal qualifications.

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15.3.2 Civil Courts

The Court of the District Judge is the highest civil court in a district to deal with civil cases.
Very often the same court is called the Court of District and Sessions Judge, when it deals
with both civil and criminal cases at the district level. The judge of this court is appointed
by the Governor of the State.

Notes

Below the Court of District Judge, there may be one or more courts of sub judges in the
district. Separate family courts, which are equal to courts of sub judge, have been established
in districts to exclusively hear cases of family disputes, like divorce, custody of children,
etc. Below them there are courts of munsifs and small causes courts which decide cases
involving petty amounts. No appeal can be made against the decisions of the small causes
courts. All these courts hear and settle civil disputes.
The Court of the District Judge (called the District Courts) hears not only appeals against
the decisions of the courts of sub judges, but also some of the cases begin directly in the
Court of District Judge itself. Appeals against the decisions of this court may be heard by
the High Court of the State.
Civil Courts deal with cases pertaining to disputes between two or more persons regarding
property, divorce, contract, and breach of agreement or landlord tenant disputes.

15.3.3 Criminal Courts

The Court of the Sessions Judge (known as Sessions Courts) is the highest court for
criminal cases in a district. Below this court, there are courts of magistrates of First,
Second and Third class. In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai,
First Class Magistrates are called Metropolitan Magistrates. All these criminal courts are
competent to try the accused and to award punishment, as sanctioned by law, to those
who are found guilty of violation of law.
Criminal Courts hear criminal cases which are related to violation of laws. These cases
involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder etc. In such
cases the guilty person is awarded punishment. It may be fine, imprisonment or even
death sentence.
Normally every accused is presented by the police before a magistrate. The magistrate
can finally dispose off cases of minor crime. But, when a magistrate finds prima-facie
case of serious crime he/she may commit the accused to the sessions court. Thus, sessions
courts try the accused who are sent upto them by the magistrate concerned.
As mentioned above, an accused who is awarded death sentence by the sessions court,
can be hanged to death only after his sentence is confirmed by the High Court.

15.3.4 Revenue Courts

Revenue courts deal with cases of land revenue in the State. The highest revenue court in
the district is the Board of Revenue. Under it are the Courts of Commissioners, Collectors,
Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against
all the lower revenue courts under it.
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Land Revenue: It is a sort of tax on agriculture land which the government collects
from the farmers.

Intext Questions 15.3

1. Name the highest civil court of a district.
.

Notes

2. Which is the highest criminal court in a district?

.
3. Fill in the blanks:
(i) There can be no appeal against the decision of___________ Courts.
(ii) The highest revenue court in a State is the______________.

What You Have Learnt

The distinct feature of our judiciary is that it has a single integrated and unified judicial
system.
The High Court is the highest court in a State. The number of judges varies from State to
state. The President appoints them. They hold office up to the age of 62 years. They may
be removed earlier by the President on receipt of a request from both Houses of Parliament.
It has original and appellate jurisdiction. It is the protector of the fundamental rights. It is
also court of record, and can punish for its contempt.
There are 21 High Courts for 28 States and seven Union Territories.
In every district there are subordinate civil, family, criminal and revenue Courts. Appeals
against the decisions of the lower courts are taken to the High Court of the State.

Terminal Exercises

162

1.

Describe the composition of the High Court.

2.

How can a judge of the High Court be removed from office?

3.

Explain the original jurisdiction of the High Court.

4.

Describe the appellate jurisdiction of the High Court.

5.

How are the subordinate courts in a district organised?

6.

In what way are the powers and functions of civil courts different from criminal
courts in a district?

High Courts and Subordinate Courts

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Answers to Intext Questions

15.1
(i) 21
(ii) Delhi
(iii) President

Notes

(iv) 62

15.2
(1) Delhi
(2) Death Sentence

15.3
(1) Court of the District Judge (District Court)
(2) Court of the Sessions Judge (Sessions Court)
(3) (i) Small Causes Courts
(ii) Board of Revenue

Hints for Terminal Exercises

(1) Refer to Section 15.1.1
(2) Refer to Section 15.1.2
(3) Refer to Section 15.2.1
(4) Refer to Section 15.2.2
(5) Refer to Section 15.3
(6) Refer to Sections 15.3.2 and 15.3.3

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