Article 214

Article 214 of the Constitution of India establishes that there shall be a High Court for each State in the Union of India. It forms the cornerstone of India’s judicial federalism, ensuring that every state has an independent and competent judicial authority to uphold the rule of law, protect citizens’ rights, and supervise the administration of justice within its territorial jurisdiction.

Constitutional Provision

Article 214 provides:

“There shall be a High Court for each State.”

This single-line constitutional mandate lays the foundation for the organisation and functioning of High Courts across the country. While some states have their own individual High Courts, others may share a common High Court under Article 231, as in the cases of Punjab and Haryana, or the North-Eastern States.

Historical Background

The concept of High Courts in India dates back to the Indian High Courts Act of 1861, enacted by the British Parliament. This Act established the first High Courts at Calcutta, Bombay, and Madras in 1862, replacing the Supreme Courts and Sadar Adalats that had existed under earlier charters.
After independence, these courts continued to function under the Constitution of India, 1950, and Article 214 reaffirmed their constitutional status as the highest judicial authorities at the state level.

Key Features of Article 214

• It ensures that each state has a High Court as its highest judicial institution.
• It recognises and continues the existence of pre-Constitution High Courts, deeming them as the High Courts for their respective states.
• It applies uniformly to all states, while allowing flexibility for the establishment of common High Courts for multiple states under Article 231.
• The provisions of Chapter V (Articles 214–231) of the Constitution apply to all High Courts, governing their composition, jurisdiction, and powers.

Structure and Composition of High Courts

The structure of every High Court is defined under Articles 216 to 219.

• Each High Court consists of a Chief Justice and such number of other judges as may be determined by the President of India from time to time.
• The President appoints judges of the High Court under Article 217, in consultation with the Chief Justice of India, the Governor of the State, and, in the case of other judges, the Chief Justice of that High Court.
• Each High Court is assisted by registrars, officers, and judicial staff for its administrative functioning.

Jurisdiction and Powers of High Courts

High Courts serve as the highest judicial authority within a state, exercising both original and appellate jurisdiction. Their powers can be classified as follows:

1. Original Jurisdiction:
   • Hearing cases relating to enforcement of fundamental rights (Article 226).
   • Civil and criminal cases of higher value or significant importance.
   • Election petitions concerning the State Legislature.
2. Appellate Jurisdiction:
   • Appeals from decisions of subordinate civil and criminal courts within the state.
   • Appeals in constitutional, service, taxation, and property-related matters.
3. Supervisory Jurisdiction:
   • Under Article 227, every High Court exercises superintendence over all subordinate courts within its territorial jurisdiction.
4. Writ Jurisdiction:
   • High Courts have the power to issue writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari under Article 226 for the enforcement of fundamental rights or for any other purpose.
   • This jurisdiction makes High Courts a key institution in the protection of civil liberties and constitutional governance.

Role of High Courts in Judicial Review

High Courts play a central role in India’s system of judicial review, ensuring that state laws and executive actions conform to the Constitution. They act as guardians of fundamental rights and as constitutional watchdogs at the state level.
Prominent Supreme Court judgments have reaffirmed the vital role of High Courts in maintaining the constitutional balance:

• Keshavananda Bharati v. State of Kerala (1973): The Supreme Court recognised judicial review as part of the basic structure of the Constitution, thereby reinforcing the High Courts’ power under Articles 226 and 227.
• L. Chandra Kumar v. Union of India (1997): The Court declared that judicial review by High Courts and the Supreme Court is an integral and inviolable feature of the Constitution, and even tribunals are subject to their supervisory jurisdiction.
• Minerva Mills Ltd. v. Union of India (1980): Reiterated that judicial review protects the balance between fundamental rights and directive principles.
• State of West Bengal v. Committee for Protection of Land Rights (2006): Highlighted the High Courts’ authority to entertain public interest litigations (PILs) to uphold social and environmental justice.

Related Constitutional Provisions

• Article 215: Declares every High Court a Court of Record, with powers to punish for contempt.
• Article 216: Deals with the constitution of High Courts.
• Article 217: Specifies the appointment, qualifications, and tenure of High Court judges.
• Article 225: Preserves the jurisdiction and powers of existing High Courts prior to the Constitution.
• Article 226–227: Confer powers of writ jurisdiction and superintendence over subordinate courts.
• Article 231: Provides for the establishment of a common High Court for two or more states or a state and a Union Territory.

Significance of High Courts

High Courts are indispensable institutions in India’s multi-tiered judicial system. Their constitutional significance includes:

• Acting as sentinels of fundamental rights through writ jurisdiction.
• Maintaining the rule of law within states by checking executive excesses.
• Ensuring uniformity and consistency in the interpretation of laws.
• Functioning as courts of record, preserving judicial precedents and upholding judicial integrity.
• Serving as the foundation for judicial federalism, complementing the Supreme Court’s national role.

Public Interest Litigation and Judicial Activism

High Courts have played a transformative role in promoting social justice and good governance through Public Interest Litigations (PILs). They have addressed issues concerning environmental protection, corruption, women’s rights, labour welfare, and transparency in administration.By allowing citizens and organisations to approach them on matters of public concern, High Courts have become instruments of judicial activism and participatory justice.

Administrative Role and Judicial Leadership

The Chief Justice of each High Court exercises both judicial and administrative control, ensuring the smooth functioning of the court and its subordinate judiciary. The Chief Justice also:

• Allocates cases among judges;
• Oversees appointments and transfers of judicial officers;
• Implements judicial reforms; and
• Ensures timely and efficient disposal of cases.

Challenges Faced by High Courts

Despite their vital constitutional role, High Courts face persistent challenges, including:

• Backlog of cases leading to delays in justice delivery;
• Inadequate infrastructure and shortage of judges;
• Administrative inefficiencies and procedural complexities;
• Limited access for marginalised groups due to geographical or financial constraints.

Reforms such as the establishment of fast-track courts, use of digital case management systems, and alternative dispute resolution (ADR) mechanisms are being pursued to enhance efficiency.