Difference Between High Court and Supreme Court

The Indian judiciary has two main types of courts at the higher level – the Supreme Court and the High Courts. Each court has specific powers, responsibilities, and jurisdiction. A clear understanding of the differences between the Supreme Court and High Courts helps in understanding how justice is delivered in India. This article highlights the major differences between these two courts in a simple and easy-to-understand format.

Basic Overview

• Supreme Court
  • The highest court in India
  • Located in New Delhi
  • Constitutionally established under Article 124
  • Final interpreter of the Constitution
• High Court
  • The highest court in a state or union territory
  • Located in various state capitals
  • Constitutionally established under Article 214
  • Handles state-level constitutional and legal issues

Key Differences Between the High Court and the Supreme Court

Aspect	Supreme Court	High Court
Position in Judiciary	The Apex Court of India	Apex Court of India
Jurisdiction	Nationwide	The top court in a state
Establishment Article	Article 124 of the Constitution	Article 214 of the Constitution
Number of Courts	One	One in each state or shared between states
Headquarters	New Delhi	Capital of the respective state
Appeal Authority	Final court of appeal	Appeals can go to the Supreme Court
Chief Judge Title	Chief Justice of India	Limited to a particular state or union territory
Writ Jurisdiction	Can issue writs under Article 32	Can issue writs under Article 226
Binding Nature	Judgments are binding on all courts in India	Chief Justice of the High Court
Original Jurisdiction	President of India, on the recommendation of the Collegium	Deals with matters within the state only
Appointment Authority	President of India on the recommendation of the Collegium	Deals with disputes between states and the Centre
Retirement Age	65 years	62 years
Appeals Handled	Constitutional matters, civil and criminal appeals	Civil and criminal appeals from lower courts
Review Power	Can review its judgment	Judgments are binding only within that particular state
PIL Jurisdiction	Can entertain Public Interest Litigations nationwide	Can entertain Public Interest Litigations within the state
Supervisory Powers	Supervises all High Courts	Supervises lower courts in the state
Contempt Powers	Can be punished for contempt of itself	Can review its judgment

Functions of the Supreme Court

• Acts as the Guardian of the Constitution by interpreting its provisions
• Settles disputes between various government bodies – Centre and State, or between two states
• Protects the Fundamental Rights of citizens through writs under Article 32
• Hears appeals in civil, criminal, and constitutional matters
• Advises the President of India on legal matters under Article 143
• Supervises the functioning of the entire judiciary, including High Courts

Functions of the High Court

• Handles appeals from subordinate courts in civil and criminal matters
• Ensures justice by interpreting laws within the state’s jurisdiction
• Protects Fundamental Rights under Article 226 with a wider scope than Article 32
• Controls and supervises district and subordinate courts in the state
• Issues directions, orders, and writs for the enforcement of legal rights
• Deals with election disputes concerning the state legislature

Types of Jurisdiction

Jurisdiction Type	Supreme Court	High Court
Original Jurisdiction	Overall, all lower courts in the state	Matters related to Fundamental Rights
Appellate Jurisdiction	Civil, criminal, and constitutional appeals	Appeals from lower courts
Advisory Jurisdiction	Overall, courts in India	Not applicable
Writ Jurisdiction	Under Article 32	Under Article 226
Supervisory Jurisdiction	Disputes between the Centre and the States (s)	Disputes between the Centre and State(s)

Writ Powers Comparison

Writ Type	Supreme Court (Article 32)	High Court (Article 226)
Habeas Corpus	Available	Available
Mandamus	Available	Available
Certiorari	Available	Available
Prohibition	Available	Available
Quo Warranto	Available	Available
Scope	Only for Fundamental Rights	For Fundamental and other legal rights

Appointment and Tenure

Criteria	Supreme Court	High Court
Appointed by	President of India	Judge of High Court for 5+ years or Advocate with 10+ years, or distinguished jurist
Eligibility	Judge of High Court for 5+ years, or Advocate with 10+ years, or distinguished jurist	Advocate for 10+ years or judicial service for 10 years
Tenure	Till 65 years of age	Till 62 years of age
Transfer Possibility	Not applicable	Can be transferred to another High Court

Similarities Between the Supreme Court and the High Court

• Both courts can issue writs for the protection of rights
• Both have the power to punish for contempt of court
• Both follow constitutional provisions and act within the framework of law
• Both handle civil, criminal, and constitutional matters
• Both can review their judgments under their respective powers
• Both play important roles in maintaining law and order and delivering justice

Key Takeaways

The Supreme Court and High Courts form the backbone of the Indian judiciary. The Supreme Court stands as the ultimate guardian of the Constitution, while High Courts serve justice at the state level. Despite several differences in power, function, and jurisdiction, both play a vital role in ensuring justice and protecting the rights of Indian citizens. Understanding their distinctions helps in appreciating how the Indian legal system functions effectively across the country.