High Courts in India explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Constitutional Position of High Courts
High Courts are established under Article 214 of the Constitution — there shall be a High Court for each state. Currently, India has 25 High Courts — some states share a common High Court (e.g., Punjab and Haryana High Court, Bombay High Court covers Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu). The High Court is the highest court within a state and exercises: (a) original jurisdiction, (b) appellate jurisdiction, (c) writ jurisdiction (Article 226), and (d) supervisory jurisdiction (Article 227). High Courts are courts of record (Article 215) — their judgments and orders are preserved as permanent records and have evidentiary value.
Original Jurisdiction
High Courts exercise original jurisdiction in: (a) Writ Petitions — the most important original jurisdiction (discussed below), (b) Company Matters — certain company law matters not transferred to NCLT, (c) Testamentary and Matrimonial Matters — probate, letters of administration, divorce (in certain High Courts like Bombay, Calcutta, Madras), (d) Admiralty Matters — maritime disputes (Bombay, Calcutta, Madras High Courts), (e) Patent and Copyright — intellectual property disputes (commercial division of specified High Courts), (f) Election Petitions — challenging state legislative assembly elections, (g) Contempt of Court — proceedings for contempt of the High Court itself or subordinate courts. Not all High Courts have the same original jurisdiction — it depends on the specific High Court's charter and applicable laws.
Writ Jurisdiction — Article 226
Article 226 is the most powerful and most frequently invoked jurisdiction of the High Court. It empowers every High Court to issue writs for: (a) enforcement of fundamental rights (Part III), AND (b) for "any other purpose" — meaning any legal right, not just fundamental rights. This makes Article 226 BROADER than Article 32 (Supreme Court — only fundamental rights). The five types of writs are the same: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Key features of Article 226:
(a) Available against: government, public authorities, statutory bodies, tribunals, and any person/authority performing public functions — but NOT against private persons acting in a private capacity (unless they exercise public functions).
(b) Territorial jurisdiction: the cause of action must arise, wholly or in part, within the territorial jurisdiction of the High Court. After the 15th Amendment to the Constitution: if the cause of action arises outside the High Court's territory, the High Court cannot issue writs (even if the respondent is within its territory).
(c) Not a matter of right but discretionary — the High Court may refuse to entertain a writ petition if: (i) an adequate alternative remedy exists (but this is not an absolute bar — High Courts can still intervene in exceptional cases), (ii) the petitioner has not approached the court with clean hands, (iii) there is unexplained delay (laches).
Appellate Jurisdiction
Civil Appeals
(a) First Appeal (Section 96 CPC): Against decrees of subordinate courts — the High Court re-examines facts and law. (b) Second Appeal (Section 100 CPC): Against first appellate decrees — only on substantial questions of law. (c) Letters Patent Appeal: Internal appeal within the High Court — from a single judge to a division bench (available in some High Courts under their original Letters Patent charter). (d) Appeals under Special Statutes: Various statutes provide for appeals to the High Court — RERA Appellate Tribunal orders, Revenue Tribunal orders, etc.
Criminal Appeals
(a) Section 374(2) CrPC: Appeals from Sessions Court convictions. (b) Section 374(3): Appeals from Magistrate convictions (in certain cases — depending on the sentence). (c) Section 377: Government appeals for enhancement of sentence. (d) Section 366: Confirmation of death sentences. (e) Section 439: Bail applications — both regular and anticipatory.
Revisional Jurisdiction
Civil Revision — Section 115 CPC: The High Court can call for the record of any case decided by a subordinate court and correct jurisdictional errors (exercised jurisdiction not vested, failed to exercise vested jurisdiction, acted illegally or with material irregularity).
Criminal Revision — Section 397-401 CrPC: The High Court can call for records of proceedings from any criminal court for the purpose of satisfying itself as to the correctness, legality, or propriety of any finding, sentence, or order. The High Court can enhance, reduce, or modify the sentence, order retrial, or acquit the accused.
Supervisory Jurisdiction — Article 227
Article 227 gives every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction (except military tribunals). This is a constitutional supervisory power — distinct from revisional jurisdiction under CPC/CrPC. Under Article 227: the High Court can: (a) call for returns from subordinate courts, (b) make and issue rules for regulating the practice and proceedings of subordinate courts, (c) prescribe forms for keeping records, (d) settle the fees for advocates practicing in subordinate courts. Article 227 is broader than Section 115 CPC — it extends to ALL courts and tribunals, not just civil courts. However: Article 227 is used sparingly — only for patent illegalities and jurisdictional errors, not for routine re-examination.
Inherent Powers — Section 482 CrPC
Section 482 CrPC (Section 528 BNSS) preserves the High Court's inherent power to: (a) make such orders as may be necessary to give effect to any order under the CrPC, (b) prevent abuse of the process of any court, (c) secure the ends of justice. This power is used to: (a) quash FIRs and criminal proceedings when they are frivolous, vexatious, or constitute abuse of process, (b) quash proceedings based on settlement between parties (in compoundable offences), (c) transfer cases between courts, (d) stay criminal proceedings pending resolution of a related civil dispute.
Commercial Division and Commercial Appellate Division
The Commercial Courts Act, 2015 (as amended) established: (a) Commercial Division in High Courts with ordinary original civil jurisdiction (Bombay, Calcutta, Delhi, Madras, and Himachal Pradesh High Courts), (b) Commercial Appellate Division in all High Courts to hear appeals from Commercial Courts at the district level. Commercial disputes (above Rs. 3 lakh) are heard by these specialized divisions — ensuring faster and more expert resolution of business disputes.
Key Differences — Article 226 vs Article 227
| Feature | Article 226 | Article 227 |
|---|---|---|
| Nature | Writ jurisdiction — issuing writs | Supervisory jurisdiction |
| Against whom | Government, public authorities | All courts and tribunals |
| Purpose | Enforcement of rights | Superintendence and correction |
| Scope | Broader — any legal right | Narrower — patent illegality only |
| Appeal | Letters Patent Appeal may lie | Generally no further appeal |
| Suspension during Emergency | Partly suspendable (Art 359) | Not suspendable |
Relevance for Company Secretaries
CS professionals interact with High Courts in: (a) writ petitions challenging government/regulatory orders (MCA, SEBI, RBI), (b) appeals from RERA Appellate Tribunal orders, (c) appeals from lower court orders in company-related civil matters, (d) quashing of criminal proceedings under Section 482 CrPC (for Companies Act offences), (e) commercial disputes in the Commercial Division, (f) appeals from GST/income tax tribunals. Understanding High Court jurisdiction is essential for advising clients on the appropriate forum and remedy for their disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure accuracy based on the latest laws and amendments, readers should consult a qualified professional before acting on any information provided. For expert assistance, contact us.
Key Facts About High Courts in India
- Applies in: All states across India, under the relevant central law.
- Mode: Mostly online via the official government portal.
- Typical timeline: Ranges from a few days to a few weeks depending on the case.
- Non-compliance: May attract penalties, interest or late fees.
- Expert help: TaxClue completes the entire process end to end for you.
What is the difference between Article 226 and Article 32?
Article 226 (High Court writs) is BROADER — available for enforcement of fundamental rights AND 'any other purpose' (any legal right). Article 32 (Supreme Court writs) is NARROWER — available ONLY for fundamental rights (Part III). Article 226 is discretionary — the High Court may refuse if alternative remedy exists. Article 32 is itself a fundamental right — the Supreme Court cannot ordinarily refuse to entertain it. Territorial limitation: Article 226 requires the cause of action to arise within the High Court's jurisdiction. Article 32 has no such limitation — the Supreme Court can be approached from anywhere in India.
How many High Courts are there in India?
India currently has 25 High Courts. Each state has a High Court — but some states share a common High Court. Examples: (1) Punjab and Haryana High Court — covers Punjab, Haryana, and Chandigarh, (2) Bombay High Court — covers Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu (with benches at Aurangabad, Nagpur, Panaji), (3) Gauhati High Court — covers Assam and 3 northeastern states. Some High Courts have permanent benches in other cities within their jurisdiction — e.g., Bombay HC has benches at Aurangabad, Nagpur, and Panaji; Allahabad HC has a bench at Lucknow.
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