The Guardians of Justice: A Comprehensive Guide to High Courts in India
India’s judicial system is a complex yet vital structure that upholds the rule of law. At its core lie the High Courts, the apex courts in each state and union territory. These courts serve as the guardians of justice, ensuring fairness and protecting the fundamental rights of citizens. This blog post dives deep into the world of High Courts in India, explaining their functions, structure, and significance in the legal landscape.
How Many High Courts are There in India?
Currently, India boasts 25 High Courts, spread across the states and union territories. Each state, with a few exceptions, has its own High Court. In some cases, a single High Court serves multiple states and union territories. Here’s a breakdown:
- Individual High Courts for Each State: Most states, like Uttar Pradesh, Maharashtra, and Karnataka, have their own dedicated High Courts.
- Shared High Courts: A few High Courts serve multiple states and union territories. For example, the Punjab and Haryana High Court caters to both Punjab and Haryana, while the Gauhati High Court has jurisdiction over Assam, Nagaland, Manipur, Mizoram, and Tripura.
- Union Territories with High Courts: Delhi, the national capital territory, has its own High Court. Recently formed union territories like Jammu & Kashmir and Ladakh also have a shared High Court.
The Pillars of Justice: What Do High Courts Do?
High Courts shoulder a multitude of responsibilities, ensuring a just and equitable legal system:
- Appellate Jurisdiction: They act as the primary court of appeal, reviewing judgments passed by lower courts within their jurisdiction. This allows for the correction of any errors made in the lower courts.
- Original Jurisdiction: While primarily appellate courts, High Courts also hold original jurisdiction in specific cases. These include matters involving enforcement of fundamental rights, elections, and disputes between the state government and central government.
- Issuing Writs: High Courts have the power to issue writs, powerful legal tools that safeguard fundamental rights. Examples include Habeas Corpus (to secure a person’s release from illegal detention) and Mandamus (to compel a public authority to perform its legal duty).
- Supervising Lower Courts: High Courts oversee and control the functioning of all lower courts within their jurisdiction. They ensure adherence to proper judicial procedures and maintain high standards within the subordinate judiciary.
Who Makes Up a High Court?
Each High Court is headed by a Chief Justice, followed by a number of judges appointed by the President of India. The number of judges in a High Court varies depending on the workload and population of the state or territory it serves.
Why Are High Courts Important?
High Courts play a critical role in upholding the Constitution of India. They act as a check on the power of the legislature and executive, ensuring that laws are made and implemented in accordance with the Constitution. Additionally, they safeguard the fundamental rights of citizens by providing them access to justice through writs and ensuring fair trials.
A Legacy of Justice: A Glimpse into the History of High Courts
The establishment of High Courts in India dates back to the 18th century under British rule. The Calcutta High Court, established in 1862, is the oldest High Court in India. Over time, the number of High Courts has grown to accommodate the needs of the expanding nation.
Conclusion
High Courts are the cornerstones of India’s judicial system, ensuring justice and upholding the rule of law. By understanding their functions, structure, and significance, we gain a deeper appreciation for the intricate machinery that safeguards the rights of every Indian citizen.