High Courts are the second-highest judicial authority in the country, after the Supreme Court. The constitution under Part-VI (Article 214 to article 231) mentions provisions regarding High Courts. High Courts have jurisdiction over both civil and criminal cases, and their decisions can be appealed to the Supreme Court. High Courts are essential for maintaining the rule of law and ensuring that justice is administered fairly and impartially at the state level in India.

Constitutional Provision of High Courts in India

The constitution states in article 214 that each state shall have its own High Court. However, the Parliament is granted the authority under article 231 to create a shared high court for multiple states. Union territories of Delhi and Jammu & Kashmir have their own respective high courts. 

Composition of High Courts in India

• Constitutional provision: Article 216  states that  Every High Court shall consist of a Chief Justice and such other Judges as the President may deem it necessary to appoint from time to time. The Constitution does not specify the number of judges that a high court must have. The strength of high courts is left to the discretion of the President. 
• Strength of high courts: Depending on the case load, the number of judges in high courts varies. States with larger populations generally have higher numbers of judges in high courts. For instance, Allahabad High Court in Uttar Pradesh has a sanctioned strength of 160 judges while the Sikkim High Court has a sanctioned strength of 3 judges. However, it should be noted that the number of judges in high courts are not decided on the basis of population of states.

Appointment of High Courts in India

According to Article 217, the President appoints every High Court Judge through a warrant that bears his signature and seal. This appointment occurs after consultations with the Chief Justice of India, the State Governor, and, when it comes to appointing a judge other than the Chief Justice, the Chief Justice of the High Court. Nevertheless, the Supreme Court collegium holds primacy in the selection of judges for high courts. 

Collegium system in India

• Initiation: The Chief Justice of the respective High Court is responsible for initiating proposals regarding candidates for judgeship in the High Court. 
• High Court Collegium: The Chief Justice of the high court confers with the two most senior judges of the high court before suggesting such candidates. Therefore, the high court collegium comprises three judges, including the Chief Justice of the high court.
• Supreme court Collegium: 
  • Scrutiny by government: Such names are then forwarded to the Supreme court collegium after scrutiny by the concerned state government and the central government. 
  • Composition of collegium: The Supreme Court collegium, when it comes to appointing judges to high courts, is made up of the Chief Justice of India and the two most senior judges of the Supreme Court. 
  • Decision of collegium: The Supreme Court collegium evaluates the names recommended by the high court collegium. It is essential to note that the SC collegium possesses the authority to reject the names put forth by the high court collegium. 
  • Recommendations: If the SC collegium finds such names fit for appointment as judges in high court, it forwards its recommendation to the union government. 
• Decision of Union government: Following careful consideration of these names, the union cabinet then recommends to the president to appoint these individuals as judges of the High Court. The union cabinet can send the recommendations back to the SC collegium. However, if the SC collegium unanimously reiterates the same recommendations, the union government has no choice but to consider such names mentioned in the recommendations for the appointment as judges in high courts. But, there is no time limit for such a consideration by the Union government.

Qualification of High Court in India

Article 217 outlines the qualifications required for an individual to be appointed as a high court judge:

• They must be an Indian citizen and 
• They should have held a judicial position in India for a minimum of ten years; or, 
• They should have practiced as an advocate of a High Court or of two or more such courts in succession for at least ten years.

The  Constitution does not provide a minimum age criteria for high court judges. Unlike the Supreme Court, there is no provision for appointing a distinguished jurist as a judge of the high court.