Indian Constitution and Polity
Constitutional questions in a High Court examination concentrate on the judiciary: how High Courts are constituted, their jurisdiction and powers, their relationship with the Supreme Court and subordinate courts, and the writ system. Fundamental Rights, the Directive Principles, constitutional bodies and amendment procedure are also fair game.
Provisions worth memorising
- Article 214: there shall be a High Court for each State.
- Article 215: a High Court is a court of record with power to punish for contempt.
- Article 216: constitution of High Courts and the power to determine the number of judges.
- Article 217: appointment of High Court judges by the President after consultation with the Chief Justice of India, the Governor and the Chief Justice of that High Court. Retirement age: 62.
- Article 226: writs for the enforcement of Fundamental Rights and for any other legal right.
- Article 227: superintendence over all courts and tribunals within the territory.
- Articles 233 and 235: appointment and control of district judges and subordinate courts.
Worked example
An employee's right to promotion, not a Fundamental Right, is denied by a State order. Which Article can he invoke? Reasoning: Article 32 lies only for the enforcement of Fundamental Rights and only before the Supreme Court. Article 226 is wider: a High Court may issue writs both for Fundamental Rights and "for any other purpose", meaning any legal right. Answer: Article 226, before the High Court.
Traps that cost marks
Treating Article 227 as an appellate power rather than superintendence; confusing Articles 32 and 226; forgetting that writ jurisdiction under 226 is discretionary; muddling the retirement ages of High Court (62) and Supreme Court (65) judges; and mixing the amendment procedure under Article 368 with ordinary legislation.