According to the Indian constitution every state should have a high court which shall be the apex of the states judiciary. But there shall be a common high court for two or more states and union territories.
Ernakulam High court for Kerala & Lakshadweep.
Chandigarh High court for Punjab, Haryana & Chandigarh.
Every high court consists of a Chief Justice and a number of judges, who are determined by the President of India from time to time. The Chief Justice of the high court will be appointed by the President of India with due consultation with the Chief Justice of India and the Governor of the State.
The maximum numbers of high court judges are not defined in the constitution; The President of India may appoint the judges as and when necessary.
To become a High Court Judge one should possess the below mentioned qualifications:
- Should be an Indian Citizen
- A minimum of Ten years of work experience as a judge in any court in India
- Lawyers with not less than ten years of practice in any high courts in India
The retirement age of high court judges is 62 years. A High court or Supreme Court judge can be sacked from office by the president on the account of misbehaviour and or incapability.
Power and Functions of the High Court
High courts power and functions are divided into:
- Judicial Power
- Administrative Powers.
To protect the fundamental rights, the high courts have been empowered to issue writs of Habeas Corpus, Mandamus, certiorari, and Quo-Warranto or Prohibition.
Apart from the military and interstate water tribunal all other tribunals to a state come under the jurisdiction of the high court of the state.
The below mentioned Subordinate courts come under the control of High court of the state:
- District courts
- District Munsif courts
- Courts of judicial magistrates of first class
- Courts of judicial magistrates of second class
If a case proceeding in a lower court is unsatisfactory as per the constitutional law, then the high court can transfer the case to itself or to any other court.
Its verdicts are recorded like the Supreme Court of India called as “Courts of Record”.
For the administrative purpose a state is further divided into a number of district courts which is headed by district judges and is appointed by the State Governor.