Supreme Court judges retire at 65, while High Court judges retire at 62. This three-year difference is commonly tested.
Patna High Court, established in 1916 with its principal seat at Patna, is the High Court for Bihar.
| Article | Subject |
|---|---|
| 214 | Establishment of High Court in each State |
| 215 | HC as Court of Record |
| 216 | Constitution of High Court |
| 217 | Appointment & Qualifications of HC Judges |
| 219 | Oath or Affirmation |
| 222 | Transfer of HC Judges |
| 225 | Jurisdiction of HC |
| 226 | Writ Jurisdiction (wider than SC) |
| 227 | Superintendence over Subordinate Courts |
| 228 | Transfer of certain cases to HC |
| 231 | One HC for two or more States (7th CAA) |
| 233 | Subordinate Courts — District Judge appointment |
SC Judge qualification: HC Judge for 5 years OR HC Advocate for 10 years. HC Judge qualification: HC Advocate for 10 years OR Judicial office for 10 years. Numbers differ!
| Feature | Details |
|---|---|
| Appointment | By President — in consultation with CJI + Governor |
| Tenure | Until 62 years of age |
| Resignation | To the President |
| Oath | Administered by Governor |
| Removal | By President on recommendation of Parliament (same as SC) |
| Strength | 1 CJ + Other Judges — number decided by President |
| Acting CJ | Appointed by President (in CJ's absence) |
A High Court judge's oath is administered by the Governor or a person appointed by the Governor, while a Supreme Court judge's oath is administered by the President or a person appointed by the President.
A High Court judge's salary is charged on the Consolidated Fund of the State, while the pension is charged on the Consolidated Fund of India. Both the salary and pension of a Supreme Court judge are charged on the Consolidated Fund of India.
Monthly salary comparison: Chief Justice of India ₹2.8 lakh; Supreme Court judge and High Court Chief Justice ₹2.5 lakh each; High Court judge ₹2.25 lakh.
Article 226 empowers High Courts to issue writs for Fundamental Rights and other legal rights, giving them wider subject-matter jurisdiction. Article 32 concerns Fundamental Rights only, but is itself a Fundamental Right.
A death sentence imposed by a Sessions Court must be confirmed by the High Court even if the convict does not appeal. It cannot be executed without High Court confirmation.
The L. Chandra Kumar case held that High Court judicial review under Article 226 forms part of the Basic Structure and cannot be eliminated by Parliament.
Election petitions concerning MPs and MLAs are filed in the High Court, with an appeal available to the Supreme Court. Article 329 governs the constitutional bar and election-petition route for parliamentary and Assembly elections.
High Court jurisdiction over selected Union Territories: Lakshadweep → Kerala High Court; Puducherry → Madras High Court; Andaman and Nicobar Islands → Calcutta High Court.
Delhi and Jammu and Kashmir have their own High Courts. Other Union Territories fall under the jurisdiction of designated High Courts.
| Feature | 🔵 Supreme Court | 🟢 High Court |
|---|---|---|
| Constitutional Provision | Part V (Art. 124–147) | Part VI (Art. 214–232) |
| Appointment by | President | President |
| Consultation | Collegium System | CJI + Governor |
| Oath by | President | Governor |
| Retirement Age | 65 years | 62 years |
| Resignation to | President | President |
| CJ Salary | ₹2.8 Lakh/month | ₹2.5 Lakh/month |
| Judge Salary | ₹2.5 Lakh/month | ₹2.25 Lakh/month |
| Salary Source | CF of India | CF of State |
| Pension Source | CF of India | CF of India |
| Writ Jurisdiction | Only FR (Art. 32) | FR + Legal Rights (Art. 226) |
| Original Jurisdiction | Centre-State disputes | FR, Election disputes |
| HC Qualification | HC Judge 5 yrs / HC Advocate 10 yrs | HC Advocate 10 yrs / Judicial Office 10 yrs |
| Court of Record | Art. 129 ✅ | Art. 215 ✅ |
| Decisions Binding | All courts (Art. 141) | Subordinate courts only |
Key comparisons: Supreme Court and High Court oaths are administered under presidential and gubernatorial authority respectively; retirement ages are 65 and 62; Supreme Court salaries are charged on the Consolidated Fund of India, while High Court salaries are charged on the Consolidated Fund of the State and their pensions on the Consolidated Fund of India.
The Governor appoints District Judges in consultation with the High Court; the President has no role in these appointments.
Lok Adalat awards are deemed decrees of a civil court, bind the parties and are not appealable. The first Lok Adalat noted here was held in 1985 under Justice P. N. Bhagwati. The National Green Tribunal was established in 2010 as a statutory body; mobile courts were promoted through an initiative associated with A. P. J. Abdul Kalam.
| High Court | Est. | Jurisdiction | Principal Bench | Additional Benches |
|---|---|---|---|---|
| Madras | 1862 | Tamil Nadu, Puducherry | Chennai | Madurai |
| Calcutta | 1862 | West Bengal, A&N Islands | Kolkata | Port Blair, Jalpaiguri |
| Bombay | 1862 | Maharashtra, Goa, D&NH, D&D | Mumbai | Nagpur, Panaji, Aurangabad |
| Allahabad | 1866 | Uttar Pradesh | Prayagraj | Lucknow |
| Karnataka | 1884 | Karnataka | Bengaluru | Hubballi, Gulbarga |
| Guwahati | 1948 | Assam, Nagaland, Mizoram, Arunachal | Guwahati | Kohima, Itanagar, Aizawl |
| Orissa | 1948 | Odisha | Cuttack | — |
| Rajasthan | 1949 | Rajasthan | Jodhpur | Jaipur |
| J&K and Ladakh | 1928 | J&K, Ladakh | Srinagar | Jammu |
| Patna ⭐ | 1916 | Bihar | Patna | — |
| Madhya Pradesh | 1956 | Madhya Pradesh | Jabalpur | Indore, Gwalior |
| Punjab & Haryana | 1966 | Punjab, Haryana, Chandigarh | Chandigarh | — |
| Kerala | 1956 | Kerala, Lakshadweep | Kochi (Ernakulam) | — |
| Gujarat | 1960 | Gujarat | Ahmedabad | — |
| Delhi | 1966 | Delhi (NCT) | New Delhi | — |
| Himachal Pradesh | 1971 | Himachal Pradesh | Shimla | — |
| Sikkim | 1975 | Sikkim | Gangtok | — |
| Chhattisgarh | 2000 | Chhattisgarh | Bilaspur | — |
| Uttarakhand | 2000 | Uttarakhand | Nainital | — |
| Jharkhand | 2000 | Jharkhand | Ranchi | — |
| Meghalaya | 2013 | Meghalaya | Shillong | — |
| Manipur | 2013 | Manipur | Imphal | — |
| Tripura | 2013 | Tripura | Agartala | — |
| Telangana | 2019 | Telangana | Hyderabad | — |
| Andhra Pradesh | 2019 | Andhra Pradesh | Amaravati | — |
⭐ Oldest 3 HCs: Madras, Calcutta, Bombay (all 1862) · Patna HC (1916) — Bihar's HC · Newest HCs: Telangana & AP (both 2019) · Allahabad HC — largest HC (most judges) — Principal Bench at Prayagraj
| Article | Subject |
|---|---|
| 214 | HC in every State |
| 215 | HC as Court of Record |
| 216 | Constitution of HC |
| 217 | Appointment & Qualifications of HC Judges |
| 219 | Oath administered by Governor |
| 222 | Transfer of HC Judges |
| 225 | Jurisdiction of HC (existing) |
| 226 | Writ Jurisdiction (FR + Legal Rights) |
| 227 | Superintendence of HC over Subordinate Courts |
| 228 | Transfer of cases from Subordinate Court to HC |
| 231 | One HC for two or more States (7th CAA) |
| 233 | District Judge appointment by Governor |
| 234 | Recruitment of persons other than District Judges |
| 235 | Control of HC over Subordinate Courts |
| 237 | Application of provisions to Magistrates |
Important provisions: Article 214 on High Courts for States, Article 226 on writ jurisdiction, Article 227 on superintendence over subordinate courts, and Article 233 on District Judges.