Article 215 of the Indian Constitution establishes the High Courts as courts of record. This provision plays a crucial role in the Indian judicial system, ensuring the preservation of legal history, precedents, and judgments. By being courts of record, the High Courts hold a unique and significant position in the hierarchy of Indian courts.

What is a Court of Record?

A court of record is a judicial body that has the authority to maintain an accurate and permanent record of its proceedings. It possesses the power to punish for contempt and enjoys certain privileges and immunities. The concept of courts of record originated in England and has been adopted by various legal systems around the world, including India.

As courts of record, the High Courts in India have the power to maintain their records, including judgments, orders, and other legal documents. This ensures that the decisions made by the High Courts are preserved and can be referred to in the future. The records serve as a valuable resource for legal practitioners, scholars, and the general public.

Powers and Functions of High Courts as Courts of Record

Article 215 grants the High Courts in India the following powers and functions as courts of record:

1. Judicial Independence: Being courts of record, the High Courts enjoy judicial independence, which is essential for the fair and impartial administration of justice. This independence allows them to make decisions based on the law and the merits of each case, free from any external influence or pressure.
2. Precedents and Stare Decisis: The High Courts, as courts of record, have the authority to establish legal precedents. Precedents are previous judgments or decisions that serve as a guide for future cases. They provide consistency and predictability in the application of the law. The principle of stare decisis, which means "to stand by things decided," ensures that lower courts follow the precedents set by the High Courts.
3. Contempt of Court: One of the significant powers of the High Courts as courts of record is the power to punish for contempt. Contempt of court refers to any act that obstructs or disrespects the administration of justice. This power ensures that the dignity and authority of the court are upheld, and individuals who undermine the court's functioning can be held accountable.
4. Review and Revision: The High Courts have the power to review and revise their own judgments. This power allows them to correct errors or reconsider decisions in light of new evidence or legal developments. It ensures that justice is served and that the High Courts can rectify any mistakes made in their previous judgments.
5. Writ Jurisdiction: The High Courts exercise writ jurisdiction, which empowers them to issue writs for the enforcement of fundamental rights and other legal remedies. Writs are legal orders issued by the court to protect individual rights and ensure justice. This jurisdiction is an essential aspect of the High Courts' role in upholding the rule of law.

Importance of High Courts as Courts of Record

The High Courts being courts of record hold immense importance in the Indian legal system. Here are some reasons why they are crucial:

1. Preservation of Legal History: As courts of record, the High Courts preserve legal history by maintaining a comprehensive record of their proceedings. This record includes judgments, orders, and other legal documents, which serve as valuable resources for legal research and the development of the law.
2. Consistency and Predictability: The High Courts' power to establish precedents ensures consistency and predictability in the application of the law. Lower courts are bound to follow these precedents, which promotes uniformity and fairness in the judicial system.
3. Protection of Judicial Independence: The status of the High Courts as courts of record safeguards their judicial independence. This independence is crucial for ensuring impartial and fair adjudication of cases, free from any external influence or interference.
4. Accountability and Contempt of Court: The power of the High Courts to punish for contempt ensures accountability within the judicial system. It acts as a deterrent against any behavior that may undermine the authority or functioning of the court.
5. Access to Justice: The High Courts' writ jurisdiction plays a vital role in providing access to justice. It allows individuals to seek legal remedies and protection of their fundamental rights directly from the High Courts, ensuring the enforcement of the rule of law.

Conclusion

Article 215 of the Indian Constitution establishes the High Courts as courts of record, endowing them with significant powers and functions. As courts of record, the High Courts preserve legal history, establish precedents, ensure judicial independence, and maintain the dignity and authority of the court. They play a crucial role in upholding the rule of law and ensuring justice in the Indian legal system.