The Indian Constitution, adopted on 26th November 1949, is the supreme law of the land. It provides the framework for the governance of the country and establishes the various institutions and their powers. One such important institution is the High Court, which is established in each state of India.

What is Article 216 of the Indian Constitution?

Article 216 of the Indian Constitution deals with the Constitution of High Courts. It lays down the provisions regarding the establishment and composition of High Courts in the country. The article states that every state in India shall have a High Court, which shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.

Composition of High Courts

The composition of High Courts is defined in Article 216. According to the article, each High Court shall consist of a Chief Justice and such other judges as the President may deem necessary to appoint. The President, in consultation with the Chief Justice of India and the Governor of the concerned state, determines the number of judges in a High Court.

The Chief Justice of a High Court is appointed by the President. In case of appointment of other judges, the President consults the Chief Justice of India, the Governor of the state, and the Chief Justice of the concerned High Court. The judges of a High Court hold office until they attain the age of 62 years.

Article 217 of the Indian Constitution deals with the appointment and qualification of judges of High Courts. It states that a person to be eligible for appointment as a judge of a High Court must be a citizen of India and must have held a judicial office in the territory of India for at least ten years, or must have been an advocate of a High Court or of two or more such courts in succession for at least ten years.

Powers and Jurisdiction of High Courts

High Courts in India have extensive powers and jurisdiction. They are the highest judicial authority in their respective states and have the power of superintendence over all courts and tribunals functioning within their jurisdiction.

The powers and jurisdiction of High Courts are derived from the Constitution as well as from various laws enacted by the central and state governments. They have the power to issue writs, orders, and directions for the enforcement of fundamental rights and for any other purpose. They also have the power of judicial review, which allows them to examine the constitutionality of laws and government actions.

High Courts have the power to hear appeals, revisions, and references from lower courts and tribunals. They also have the power to transfer cases from one court to another within their jurisdiction. In addition, High Courts have the power to transfer cases to the Supreme Court in certain circumstances.

High Courts also have the power to issue rules and regulations for the administration of justice within their jurisdiction. They have the power to appoint and control the subordinate judiciary, and to make rules regarding the practice and procedure to be followed in the courts subordinate to them.

Role of High Courts in Indian Judiciary

High Courts play a crucial role in the Indian judiciary. They are the guardians of the Constitution and the protectors of individual rights and liberties. They ensure that the laws passed by the legislature and the actions of the executive are in accordance with the Constitution.

High Courts have the power to strike down any law or government action that violates the fundamental rights guaranteed by the Constitution. They act as a check on the powers of the legislature and the executive, and ensure that they do not exceed their constitutional limits.

High Courts also play a vital role in the administration of justice. They hear a wide range of cases, including civil, criminal, and constitutional matters. They provide a forum for the resolution of disputes and the protection of rights. Their judgments and orders set precedents that guide lower courts and tribunals.

High Courts also have the power to issue guidelines and directions for the improvement of the justice delivery system. They have the power to monitor the functioning of lower courts and tribunals and to take corrective measures when necessary. They also have the power to initiate suo motu proceedings and to take action in cases of public interest.

Conclusion

Article 216 of the Indian Constitution provides for the establishment and composition of High Courts in India. High Courts play a vital role in the Indian judiciary and are the custodians of the Constitution. They ensure the protection of fundamental rights and the proper administration of justice. The powers and jurisdiction of High Courts are extensive, and they have the authority to interpret and apply the law in their respective states. High Courts are an essential pillar of the Indian legal system, upholding the rule of law and safeguarding the rights of the citizens.