High Courts and Subordinate Courts

Prerequisites

• Supreme Court: Composition, Appointment and Independence — High Court provisions copy many Supreme Court ones, and the differences are what MCQs test.
• Constitutional Remedies and Writs — Art 226 compared with Art 32.
• Formation of the State and Administrative Structure — how the 2000 Act created the High Court at Bilaspur.

The Hook: Why Is the High Court in Bilaspur, Not Raipur?

Why it matters: Prelims tests the Supreme Court vs High Court differences (retirement age, qualifications, who fixes strength, practice after retirement) and Chhattisgarh-specific facts. Mains asks about Art 227, subordinate courts, pendency and legal aid.

Constitutional Basics (Part VI, Chapter V: Arts 214–231)

Common High Courts: The 7th Amendment Act, 1956 allowed Parliament to set up one High Court for two or more States. As of 2026 there are 25 High Courts. The oldest are Calcutta, Bombay and Madras (1862), set up under the Indian High Courts Act, 1861; Calcutta is the oldest. The newest is the High Court of Andhra Pradesh at Amaravati (1 January 2019).

Appointment, Qualifications and Tenure

Appointment (Art 217(1)): by the President, after consultation with the CJI, the Governor of the State and, for judges other than the Chief Justice, the Chief Justice of that High Court. In practice:

• the High Court collegium (Chief Justice + 2 senior-most judges) proposes names;
• the Supreme Court collegium (CJI + 2 senior-most judges, per the Third Judges Case) recommends;
• the Union Government processes the names and the President appoints.

By convention, the Chief Justice of a High Court is appointed from outside the State (the “outside Chief Justice” policy).

Qualifications (Art 217(2)): a citizen of India who has held a judicial office in India for 10 years, or has been an advocate of a High Court (or two or more in succession) for 10 years. There is no “distinguished jurist” category and no minimum age.

Tenure: until 62 years (raised from 60 by the 15th Amendment, 1963). Disputes about a judge’s age are decided by the President after consulting the CJI, and the decision is final (Art 217(3)).

Removal: in the same manner as a Supreme Court judge (Art 217(1)(b) read with Art 124(4)): an address by both Houses of Parliament, not the State Legislature, by special majority.

Transfer (Art 222): by the President after consulting the CJI. In practice the CJI acts with the collegium of CJI + 4 senior-most judges.

Supreme Court vs High Court: The Comparison Table

Jurisdiction and Powers of a High Court

The High Court of Chhattisgarh (छत्तीसगढ़ उच्च न्यायालय)

Subordinate Courts (अधीनस्थ न्यायालय): Arts 233–237

Structure in a district

graph TD
    HC["High Court"] --> DJ["District and Sessions Judge
District Judge: civil
Sessions Judge: criminal"]
    DJ --> CS["Civil Judge (Senior Division)
and Chief Judicial Magistrate"]
    CS --> CJ["Civil Judge (Junior Division)
and Judicial Magistrate First Class"]

• The same officer is called District Judge when hearing civil cases and Sessions Judge when hearing criminal cases.
• A Sessions Judge can award any sentence, including death, but a death sentence needs High Court confirmation.

Alternative and accessible justice

Memory Tricks

Don’t Confuse

Common Mistakes

Practice

All questions below are original practice questions written in CGPSC style. They are not previous-year questions.

Level 1: Foundation

1. A judge of a High Court holds office until the age of ______.
2. The High Court of Chhattisgarh was established on ______ under the ______ Act, 2000.
3. The control over district courts and courts subordinate to them is vested in the High Court by Article ______.

Level 2: Prelims MCQs

Q1. Consider the following statements:

1. The number of judges of a High Court is determined by the President.
2. A person who has been a permanent judge of a High Court cannot plead before any court in India after retirement.
3. The salaries of High Court judges are charged on the Consolidated Fund of the State, but their pensions are charged on the Consolidated Fund of India.

Which of the statements given above is/are correct?

• (a) 1 only
• (b) 2 and 3 only
• (c) 1 and 3 only
• (d) 1, 2 and 3

Q2. Match List I (High Court) with List II (Seat):

• (a) A-3, B-1, C-4, D-2
• (b) A-1, B-3, C-2, D-4
• (c) A-3, B-1, C-2, D-4
• (d) A-3, B-2, C-1, D-4

Q3. Under Article 227, the High Court’s power of superintendence extends to all courts and tribunals within its territorial jurisdiction except:

• (a) Family courts
• (b) Tribunals constituted under laws relating to the Armed Forces
• (c) Administrative tribunals set up under a State law
• (d) Courts of Judicial Magistrates

Q4. Who appoints district judges in a State?

• (a) The Chief Justice of the High Court
• (b) The Governor, in consultation with the High Court
• (c) The Governor, in consultation with the State Public Service Commission only
• (d) The President, on the advice of the Chief Justice of India

Level 3: Mains Answer Writing

Q1. (60 words) Distinguish between Article 226 and Article 227 of the Constitution.

Q2. (150–200 words) “The subordinate judiciary is where most citizens meet the justice system.” Discuss the constitutional provisions on subordinate courts and suggest reforms, with reference to Chhattisgarh.

Quick Revision Table

Key Takeaways

What’s Next

• Judicial Review, PIL and Judicial Activism — how High Courts and the Supreme Court check the other organs
• State Executive and Legislature — the Governor’s role in judicial appointments in the state
• Formation of the State and Administrative Structure — Chhattisgarh’s institutions created in 2000
• Judiciary — Quick Revision — the whole chapter on one page