Articles 214-231 of the Indian constitution deals with High Courts and its jurisdiction, it also deals with the power, creation and its functioning. These articles play an important role in reaching to each level of society in terms of providing everyone legal aid and maintaining the independent judiciary across each state.
Limitations:
- Complex Judicial Structure: Due to multiple High Courts, wide jurisdiction in terms of landscape, sometimes it creates inconsistencies in interpreting the laws.
- Resource Constraints: Due to high volume of cases and less number of judges, there is often delay in judgements and leading to piling up of the cases and delay in justice.
- Political Influence: The independence of the judiciary is increasingly challenged by political influence in the appointment and transfer of judges.
Debates:
- Independence vs. Accountability: There is consistent concern regarding the entangled balance between the independence of the High Court and accountability in terms of transfer of Judges (Article 222).
- Uniformity in Jurisdiction: There is always a debate about consistency and uniformity in the powers of High courts in different states and UTs (Article 225-230).
- Extent of Writ Jurisdiction: The Scope of powers under Article 226 writs issued by the High Courts are always in confluence with article 32 i.e. writs issued by the Supreme Court, that has been a subject of significant discussion.
Landmark Judgments:
- Keshavananda Bharati v. State of Kerala (1973): This landmark judgement delivered in 1973 not just established the Basic Structure Doctrine but also highlighted the powers of the courts in amending the Fundamentals rights.
- L. Chandra Kumar v. Union of India (1997): This Judgement deals with the Judicial review power of the High Court which is mentioned under Article 226 of Indian Constitution which is also a part of basic structure and can not be abrogated.
- S.P. Gupta v. Union of India (1981) Judges’ Transfer Case: This landmark decision highlighted the transfer of judges under Article 222, also underlined the necessity of perpetuating judicial independence.
- Madras Bar Association v. Union of India (2014): Deals with the Supervisory power of the High Court mentioned under Article 227 also highlight the Constitutionality of transfer of judges.
These articles not only form the foundation of the judiciary at state level but also provide structured and independent judiciary at state level. These provisions provide for the robust legal framework for making judicial aid available to each and everyone alongside facilitated challenges such as delay in justice delivery and also the need for greater accountability. In respect to ensure justice for all in India’s greater and evolving legal landscape and also maintaining the relevance of these provisions, the judiciary does interpret these provisions.
Endnotes:
- There is a continuous need of evolution in the judicial illustrations so that we can ensure effectiveness of these provisions in terms of today’s changing scenarios and handling the legal challenges faced in today’s era.
- These provisions not only highlight the importance and vital role judiciary play in upholding the rule of law, but also how we can safeguard the democratic principles.
Also Read– Article 213: The Governor’s Legislative Power
FAQs:
- What is the primary function of High Courts in India?
High Courts primarily adjudicate cases within their jurisdiction and protect the constitutional rights of citizens. - What does Article 214 of the Indian Constitution mandate?
Article 214 mandates the establishment of a High Court in each state. - Why is Article 226 significant?
Article 226 grants High Courts the power to issue writs for enforcing fundamental rights, making it crucial for safeguarding constitutional governance. - Can a retired High Court judge practice law?
Article 220 prohibits a retired High Court judge from practising law within the jurisdiction of the High Court where they served. - What does Article 222 deal with?
Article 222 deals with the transfer of judges from one High Court to another, a measure intended to ensure efficient judicial administration. - How is the Chief Justice of a High Court appointed?
The Chief Justice of a High Court is appointed by the President of India. - What does it mean for High Courts to be ‘courts of record’ as per Article 215?
Being ‘courts of record’ means that High Courts’ decisions are preserved for their precedential value and are authoritative in future cases. - What jurisdiction does Article 225 confer on High Courts?
Article 225 preserves the existing jurisdiction of High Courts, allowing them to function effectively within the framework of the Constitution and law. - Can Parliament establish a common High Court for multiple states?
Yes, under Article 231, Parliament can establish a common High Court for two or more states, promoting judicial efficiency. - What power does Article 229 grant to High Courts?
Article 229 grants High Courts the autonomy to appoint their officers and servants, ensuring administrative independence.
MCQs:
- Which article mandates the establishment of a High Court in every state?
a) Article 214
b) Article 215
c) Article 216
d) Article 217
Answer: a) Article 214 - What does Article 226 empower High Courts to issue?
a) Ordinances
b) Writs
c) Laws
d) Judgments
Answer: b) Writs - Under which article can the President transfer a High Court judge to another High Court?
a) Article 221
b) Article 222
c) Article 223
d) Article 224
Answer: b) Article 222 - Who appoints the Chief Justice of a High Court?
a) Prime Minister
b) Parliament
c) President of India
d) Chief Justice of India
Answer: c) President of India - What is the function of Article 231?
a) Appointment of Acting Chief Justice
b) Transfer of cases
c) Extension of jurisdiction
d) Establishment of a common High Court for multiple states
Answer: d) Establishment of a common High Court for multiple states - Which article deals with the salaries and allowances of High Court judges?
a) Article 219
b) Article 220
c) Article 221 d) Article 222 Answer: c) Article 221
