Context:

The Supreme Court of India recently urged the Central government to act swiftly in addressing the mounting judicial vacancies in High Courts across the country. The apex court emphasized that delays in clearing appointments recommended by the Supreme Court Collegium are adversely affecting the administration of justice.

Reason for Court direction:

During the hearing, the Supreme Court expressed grave concern over the excessive pendency of criminal appeals — over seven lakh cases are currently awaiting resolution in various High Courts. This backlog, the Bench noted, is a direct result of inadequate judicial strength, which severely hampers timely adjudication.

Examples of Judicial Shortfall:

• Allahabad High Court: 79 working judges out of a sanctioned 160.
• Bombay High Court: 66 judges functioning out of 94.
• Delhi High Court: 41 judges in place against a sanctioned 60.
• Calcutta High Court: 44 judges serving, short of the approved 72.

Impact on the Justice Delivery System:

• Increased pendency of both civil and criminal cases.
• Overburdened judges, leading to longer hearing intervals and delayed judgments.
• Diminished public confidence in the judicial system due to inefficiencies.
• Undertrial prisoners facing extended detentions without timely trials.

About High court:

Articles 214 to 231 in Part VI of the Indian Constitution provide for the establishment, jurisdiction, powers, composition, and independence of the High Courts.

Constitutional Provisions:

1.       Article 214:

o    Every state in India shall have a High Court.

2.      Article 215:

o    High Courts are courts of record. This means their proceedings and judgments are permanently recorded and can be used as evidence in other courts.

3.      Article 216:

o    Each High Court consists of a Chief Justice and other judges who are appointed by the President of India.

4.     Article 217:

o    The appointment of judges to the High Court is governed by this article.

o    The President consults the Chief Justice of India and the Governor of the state while appointing judges.

5.     Article 226:

o    High Courts have the power to issue writs (such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to enforce fundamental rights and for other purposes.

6.     Article 227:

o    High Courts have superintendence over all courts and tribunals within their jurisdiction, ensuring proper functioning.

Jurisdiction of High Courts:

1.       Original Jurisdiction:

o    High Courts can hear cases directly related to:

§  State Legislative Assembly matters.

§  Marriage and family law issues.

§  Enforcement of fundamental rights.

§  Cases transferred from other courts.

2.      Appellate Jurisdiction:

o    High Courts hear appeals from lower courts within their jurisdiction, including cases related to civil, criminal, and other matters.

3.      Writ Jurisdiction:

o    High Courts can issue writs for the enforcement of fundamental rights and for other purposes as necessary.

4.     Supervisory Jurisdiction:

o    High Courts have supervisory power over subordinate courts and tribunals to ensure proper functioning and adherence to law.