In the integrated judiciary, the High Court operates below the Supreme Court and above the subordinate Court. High Courts are the highest judicial body at the State level. As per Article 214, there shall be High Courts for every State. There are 25 High Courts in India. Among the Union Territories Delhi, – and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own. The other five Union Territories come under the jurisdiction of different State High Courts. Similarly states, like Goa, Arunachal Pradesh, Mizoram and Nagaland etc. do not have high courts in their states.

Composition and Appointment:

Unlike the Supreme Court, there is no minimum number of judges for the High Court. From time to time, the President fixes the number of judges in each High Court.

Appointment of Judges:

• As per Article 217(1) of the Indian Constitution, the Chief Justice of the High Court and Judges of the High Court are to be appointed by the President by a warrant under his hand and seal.
• The President of India appoints the Chief Justice of the High Court in consultation with the Chief Justice of India (CJI) and the Governor of the State, which, in actual terms, means the real executive of the State.
• In appointing the judges, the President is required to consult the Chief Justice of the High Court as well.

Qualification, oath and salaries:

Qualification of Judges:

The person to be appointed as a judge of a High Court, the person concerned should possess the following qualifications:

• He/She should be a Citizen of India.
• He/She should have at least 10 years of experience as an advocate of a High Court of India or should have at least 10 years of experience as a judicial officer in the territory of India.

Oath and Affirmation:

A Judge of a High Court shall subscribe to an oath or affirmation before the Governor. Oath or affirmation has been in accordance with the third schedule. In his oath a judge of a high court takes oath :

• To bear true faith and allegiance to the Constitution of India as by law established
• To uphold the integrity and sovereignty of India
• To duly and faithfully and to the best of his ability perform the duties of my office without favour or fear, ill-will or affection, and
• To uphold the Constitution and the laws.

Salaries and Allowance:

Salaries, gratuity, pension, allowances, leave and privileges of a judge of the High Court are determined by law made by Parliament from time to time. Salaries of Judges of High Courts are governed by the law as High Court Judges (Salaries and Conditions of Service) Act, 1954.

To make it independent, the allowance, leave, and pension can not be varied to his disadvantage after retirement.

Tenure, removal and Transfer of Judges:

Tenure of Judges:

The Constitution has not fixed the tenure of the High Court. It makes the following provision in this regard:

• A Judge of the High Court holds the office until he completes the age of 62 years.
  • Note: If the question arises regarding the age of a judge of the High Court, the President decides after consultation with the Chief Justice of India. The President’s decision will be final in this regard.
• He can resign his office by writing to the President of India.
• He can also be removed from office on the recommendation of the Parliament.

Removal of judges:

The provision of the removal of the High Court is the same as that of the Supreme Court. The Constitution under Article 218 provides only the President, through an order, can remove a High Court judge, and it would follow the same steps as the removal of a Supreme Court Judge. The order has to be based on a motion passed by both houses of Parliament. The procedure for the removal of judges is elaborated in the Judges Inquiry Act of 1968. The Act gave the following steps for removal from office.

Source-PIB

Transfer of Judges: 

Under Article 222, the Constitution sets out provisions for the transfer of the Chief Justice of the High Court and other high court judges. The President of India, when a need arises, may transfer a judge from one High Court to another after consulting with the Chief Justice of India,

In the Union of India vs. Sankal Chand Himatlal Sheth (1977) case, the Supreme Court rejected the idea that consent is necessary for transferring high court judges. It reasoned that the transfer of power could be exercised only in the public interest. It also held that the President of India was under an obligation to consult the CJI(Chief Justice of India).