High Courts have great importance in the Indian judicial system because the important work of the Supreme Court becomes easy because of the High Court. The constitution of India gives the right to all the states of the country to make their own laws, due to which we can see the federal character of the constitution. Through Article 226 of the Constitution, it gives the right to review and interpret the law made by the states. Through Article 227 of the Constitution, all the district courts and tribunals of the state are empowered to manage.
Generally, ordinary people do not know the importance and functions of which court in the judicial system, so through this article we will try to give important information about the High Court in simple language. The basic basis of India’s judicial system is the judicial system created in British India, so we will try to know how the High Court was formed from that history.
Therefore, first of all, through this article, we will try to know in detail what is the High Court and how its system is run. At the ground level, it has been seen that common people do not have information, we can understand, but even educated people do not have this information, so we will try to provide information about the High Court through this article, which is useful for all types of people. We will get to read the information through this article.
What is High Court? –
High Courts It is the main court of any state of India, which works to control the district courts and tribunals of its state and protects the fundamental rights of the citizens through writ. High Court is the court of its state. Records happen. Under Article 226, the Constitution of India empowers all the High Courts to protect, order and punish individuals, associations, state governments, institutions and the administration of states through legislation.
According to Article 141, the Supreme Court of India has been set as the largest court in the country, under whose control the High Courts of all the states of the country have to work. There are a total of 25 High Courts in the whole of India, in which the judicial system of more than one state is run in the proceedings of 6 High Courts. In order to protect the fundamental rights of the citizens of India, any person, institution can file a petition in the High Court through writ.
Court proceedings at the lower level of the High Court are mainly conducted in the foreign language of that state, but the proceedings of all the High Courts of the country are conducted in the English language. And in the lower judicial system, criminal and civil cases are mainly divided, while in the High Court, appeals and writ petitions from the District Court are processed in English. Through Article 227, the constitution has given administrative rights over the lower courts to the High Court. The review of the laws made by the states has been given to the High Court through a petition in the High Court or according to the suo moto principle, the right to order or interpret has been given to the High Court.
Important Writ Petitions of High Courts –
- Habeas Corpus – No citizen of India can be detained without the order of judicial process.
- Mandamus– Order to public office or officer to perform legal duty and public duty.
- Prohibition– The right to declare the decisions given by the District Courts as inconsistent or illegal.
- Quo warranto – The right to question the validity of a legal authority exercised by a government body.
- Certiorari – Right to set aside unconstitutional / illogical decisions given by the lower courts.
These rights have been given to the High Courts according to Article 226 of the Constitution, through which it is bound to work within the ambit of the constitution of that state’s law and order. It is the responsibility of the High Court of that state to protect the fundamental rights of the citizens given in Part 3 of the Indian Constitution. The High Court has to follow its decision process by being subordinate to the Supreme Court. The Supreme Court has been entrusted with the responsibility of protecting the interests of the citizens through Article 13 in the Constitution of India, whereas under Article 226, the jurisdiction of the High Court is wide, in which the District Court has control over the lower courts and looks after the appeal. Happens.
History of High Courts-
In British India, Kolkata used to be the capital of India, so we get to see the beginning of the judicial system from this city. Before the revolution of 1857, the British Crown and the East India Company used to have separate judicial systems, in which disputes were often seen. Therefore, after 1857, the British government started making changes in the judicial system through Indian Penal Code. In 1773, the Supreme Court was established by making a law in the British Parliament, but it was not intended like today’s Supreme Court, which was established in Kolkata and used to work like today’s High Court.
The jurisdiction of the Calcutta Supreme Court was Bengal, Bihar, Orissa, and by the British Crown King George III in 1800-1823 respectively, the Supreme Court was started in Madras and Bombay Provinces, whose function was like today’s High Court. At the same time Mufusil Court and Diwani Court were run by the East India Company and in the meanwhile problems started to arise for making law and order. Through the India High Court Act 1861, law and order was established in the Provincial States through High Courts in place of the Supreme Court, and in place of the Supreme Court, the Federal Court was established through the Chief Court.
The Supreme Court was established in independent India on 25 January 1950 and the Privy Council Jurisdiction Act 1949 was repealed in British India and the Supreme Court was established in Delhi. Calcutta, Bombay and Madras High Courts are considered to be the oldest in India, after the Indian Constitution came into force, they are run under the Supreme Court under the Constitution. Under Article 214 of the Indian Constitution, there should be a High Court in every state, so today the number of High Courts is increasing gradually. Adhra Pradesh High Court, established in 2019, is considered to be the newest High Court.
Composition of High Courts in India –
The Chief Justice for the High Court of every state is appointed by the President of the country and on the recommendations of the Judicial Collegium System, for which the role of the Chief Justice of the Supreme Court and the Governor of the respective state is very important. The appointment of the rest of the judges of the High Court is done in the same way and the number of judges should be in each High Court is not written anywhere. What should be the number of these judges, it is determined on the working area of that High Court and accordingly every state appoints judges.
Jurisdiction of High Courts
Jurisdiction means jurisdiction for the High Court, it is the boundary of that state and all the districts falling within it work within its jurisdiction. There are about 6 states in India whose High Court jurisdiction includes more than one state or union territory. The jurisdiction of such High Court comes under the government, individuals and institutions of that state. Under Article 141 of the Constitution, all these High Courts have to function under the control of the Supreme Court.
Supreme Court and High Court
By 2022, the number of High Courts in India has increased to 25 and all these High Courts have to work under the Supreme Court and the judge appointment process of all these courts is of the same type. The cases which are settled in the High Court are appealed to the Supreme Court and the Supreme Court has the right to change the decision on the order given by the High Court. All the High Courts and the Supreme Court of the country are called Courts of Record, but within the purview of the High Court, there are District Courts of those states, while under the Supreme Court there are High Courts of all the states of the country.
Function of High Court –
- Original Jurisdiction
- Writ Jurisdiction
- Appellate Jurisdiction
- Supervisory Jurisdiction
- A Court of Record
- Power of Judical Review
Features of High Courts in India-
- Through Articles 226 and 227 of the Constitution, the High Courts of all the states have been established and it has the right to administer over the District Courts and Tribunals of their states.
- The provisions from Article 214 to 231 Part 4 of the Indian Constitution says about the High Court.
- The judges of the High Courts are appointed by the President, for which the Chief Justice of India and the Governor of that state give the list of names to the President according to Article 217 of the Constitution.
- Jujos of all High Courts and Supreme Courts of the country are appointed through the “Judicial Collegium” on the basis of the three judgments given by the Supreme Court itself and the District Courts are elected judges through examination at the lower levels.
- Calcutta High Court This is the oldest High Court in the country, which was established on 2 July 1862 in British India.
- There are a total of 25 High Courts in the judicial system of India, which include union territories and states, 6 states where other states and union territories are included.
- The decision given by the High Court, it becomes an uncoded law and where the law made by the state legislature has the right to rectify and interpret the law, where there is some flaw in the law.
- The district court is mainly composed in two parts, in which there are civil judges for civil cases, and there are sessions judges for criminal cases, who run their proceedings separately under the supervision of the High Court.
- The lower level of the District Courts is run separately from the High Court and the Supreme Court, where any case is tried in which evidence and facts are presented.
- The proceedings of the lower levels of the district courts are conducted in the local language of the states and the proceedings of the high courts are conducted in English.
Critical Analysis of High Court System in India –
In the judicial system of India, as the cases go on for years, such a belief has been established in the common people, due to which justice received late is considered equal to not getting justice. Therefore, if we study the judicial system of Europe and America, then we have to establish a very developed judicial system. A study conducted in 2015 by a private social organization found that the High Court takes an average of 3 years to complete any one case, so this loophole has to be removed to restore people’s confidence in the judicial process. .
The issue of judicial collegium system is raised a lot by intellectual critics, in which allegations of nepotism are made and judges should be appointed on the basis of merit through examination. The appointment of Jujo up to the district level is done through examination, but the appointment of Jujo of the High Court and Supreme Court is done through the Judicial Collegium, on which the Government of India has also tried to legislate many times, but it is opposed by the High Court. and done by the Supreme Court.
The general public is not financially able to fight the case in the High Court, so even though the High Court has been obliged to protect the interests of the citizens by the Constitution, but for the last 75 years it failed to gain trust. Huh . Judicial system Government of India does not provide financial support to enable the proceedings of the court, so the financial constraint for the Jujo ki Bharati or infrastructure of the court, this major reason has been explicitly given by the judicial system many times. On which the initiative is not seen by the Government of India.
In this way, how the High Court judicial system has been established in India, for this we have tried to know what is the history of High Court from British India. In the Indian Constitution, the Supreme Court under Article 13 and the High Court under Article 226 have been empowered to protect the rights of citizens. Under which any citizen or institution of the country can directly file a case through a petition in the High Court or Supreme Court.
The High Court system in British India and the High Court judicial system after India’s independence are different according to the purpose and the language of judicial process in 25 High Courts in the country is in English. Court proceedings are held in the local language of the states at the lower level of the district level of all the states and the court is mainly divided into two parts like civil court and criminal court. The judicial process is run under the High Court through Family Court, Industrial Court and other tribunals.
Due to spending a lot of time in the judicial system of India, common people do not get to see the faith in the judicial system, this is like an appeal for our judicial system, which we have to improve together. Judges of the Supreme Court and High Court have expressed their compulsion many times on a public platform and they believe that this judicial process cannot be improved without adequate financial assistance. The matter of appointment of High Court and Supreme Court judges is quite controversial as it has been objected to by many governments who appoint themselves on their own, which is contrary to judicial principles, which many intellectuals believe.
WHEN DID LAND REFORMS STARTED IN INDIA?