Judiciary is one of the most important components of democracy. In India, the Judiciary is divided into various levels – at the apex level we have the Supreme court of India, followed by High Courts of respective states with district judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom level.
The High Courts are second in the hierarchy of courts. The High Court stands at the head of a State’s judicial administration. There are at present 25 High Courts in the country among these 6 high courts that have control over multiple states and union territories. The main question to answer here is why some of these states and union territories are devoid of their separate high court jurisdiction like others.
The Kolkata High Court, established in 1862, has jurisdiction over West Bengal and the Andaman and Nicobar Islands, with its seat in Kolkata and a Bench in Port Blair. The Bombay High Court, also established in 1862, serves Maharashtra, Goa, Dadra and Nagar Haveli, and Daman and Diu, with its main seat in Mumbai and Benches in Nagpur, Aurangabad, and Panaji. The Guwahati High Court, set up in 1948, oversees Assam, Nagaland, Arunachal Pradesh, and Mizoram, with its seat in Guwahati and Benches in Aizawl, Kohima, and Itanagar. The Punjab and Haryana High Court, established in 1975, serves Punjab, Haryana, and Chandigarh, with its seat and Bench in Chandigarh. The Jammu and Kashmir and Ladakh High Court, formed in 2019 after the region’s bifurcation into two union territories, has jurisdiction over both territories, though the original Jammu and Kashmir High Court dates back to 1928. Lastly, the Madras High Court, established in 1862, has jurisdiction over Tamil Nadu and Puducherry, with its seat in Chennai and a Bench in Madurai.
When states like Nagaland, Mizoram and Arunachal Pradesh can have their own chief ministers, governors , and complete bureaucracy, why are the citizens of these states devoid of high court ? The government debates not to establish separate jurisdictions for High Courts in India for several reasons. Maintaining fewer High Courts with broader jurisdictions enhances administrative efficiency, streamlines judicial processes, and reduces redundancy. According to them , it is also more cost-effective, as creating and maintaining separate High Courts requires significant financial resources for infrastructure, personnel, and operations. Unified High Courts allow for better resource sharing, such as judges, legal staff, and technology, ensuring consistent legal interpretations and judgments across regions. This approach prevents varying precedents and promotes balanced workloads among judges, avoiding overburdening some courts while others remain underutilized.
It is a necessity that every state and union territory of India should have a separate and independent high court of their own because of many reasons. Firstly, the access of justice for all will be ensured to all the citizens of that particular region. The access of justice will be made easier as now the people don’t need to travel or spend an excess amount of money to visit the courts in order to get justice when they would have a high court within their vicinity. Secondly, it becomes economical for the people to seek justice at their nearest high court. Travelling and accommodation costs will be cut out.
In conclusion, establishing separate high courts for every state and union territory in India would significantly enhance the accessibility, efficiency, and effectiveness of the judiciary. It would reduce the burden on existing high courts with broader jurisdiction , expedite the resolution of cases, and ensure that justice is delivered in a timely manner. Additionally, having high courts closer to the people would promote better understanding of local issues and provide a platform for more inclusive judicial representation. However, such a move requires careful planning, allocation of resources by the government to maintain the balance between judicial independence and the administrative demands of a vast and diverse nation like India.
Author: Ria Mahajan , 2nd year law student at Vivekananda Institute of Professional Studies
