In the jurisdiction hierarchy, the Supreme Court (SC) of India, stands at the top most rank and is the primary judicial body and final court of appeal set up by the Indian Constitution. It followed by the High Court (HC), which is the apex judicial forum at the state and union territory level. One of the major difference between High Court and Supreme Court is that the judgement made by the HC, can be reviewed in the SC, but the judgement of SC is final and binding, so there is no further review of the judgement made in any case.
There are three branches of the Government of India, i.e. Executive, Legislative and Judiciary. The Indian judiciary is independent of the other two branches, i.e. they cannot interfere with the work of the judiciary. And, due to this courts play a pivotal role in protecting the constitution and take decisions in civil and criminal cases. There is a range of courts at various levels, i.e. Supreme court at the top level, the High court at the state level and District Court at the tehsil level.
Content: High Court Vs Supreme Court
Comparison Chart
| Basis for Comparison | High Court | Supreme Court |
|---|---|---|
| Meaning | High Court is the apex body, that governs the State's administration, headed by the Chief Justice of the state. | Supreme Court is the primary court of justice in the country which is presided over by the Chief Justice of India. |
| Number of Courts | 24 | 1 |
| Superintendence | Over all courts, under its jurisdiction. | Over all courts and tribunals of the country. |
| Appointment of Judges | President in consultation with the Chief Justice of India and Governor of the concerned state. | President |
| Retirement of Judges | Judges retire at the at of 62 years. | Judges retire at the at of 65 years. |
| Pleading | Judges cannot plead before any court while they hold office and after retirement they can plead only in Supreme Court. | Judges cannot plead before any court while they hold office and after retirement, within the country. |
About High Court
High Court, is the highest judicial organ at the state and union territory level and has a jurisdiction over a state, union territory or two or more states and union territories. Indian HC enjoys powers in the form of writ, appellate, revisional and original jurisdiction.
Each high court has one chief justice and several other judges who are appointed by the President of India, after consulting with the Chief Justice of the country and the State Governor. The law passed or verdicts declared by a particular high court is not binding on other high courts of India and any lower courts that are not under its jurisdiction, unless another high court voluntarily accepts the said order.
About Supreme Court
Supreme Court, as the name signifies, is the apex judicial body, housed in the New Delhi, the National capital of India. For the citizens of the country, it is the highest court of redressal and final court of appeal under Indian Constitution. It enjoys extensive powers concerning writ, appellate, original and advisory jurisdiction.
Supreme Court is also the protector of Indian constitution. Any, law and order passed by the SC, is binding on all law courts and tribunals in the country. The maximum possible strength of judges in an SC is 31, which include one chief justice and 30 other judges, who are appointed by the President of India on the basis of specified criteria.
Key Differences Between High Court and Supreme Court
The difference between high court and supreme court can be drawn clearly on the following premises:
- The high court is the apex body that regulates the State’s law and order, headed by the Chief Justice of the state. Supreme Court is the principal court of justice in the country which is presided over by the Chief Justice of India.
- There are total 24 High Courts, in India, out of which three HC possess jurisdiction in more than one state. On the other hand, there is only one Supreme Court, in the country, situated in the National Capital.
- High Court enjoys superintendence over all courts under its jurisdiction. Conversely, Supreme Court has superintendence over all law courts and tribunals of the country.
- The President of India appoints the judges of the high court after discussing with the Chief Justice of India and Governor of the concerned state. In contrast, the judges of the supreme court are appointed by the President of India.
- The age of retirement of the judges of the high court is 62 years whereas the judges of supreme court retire at the age of 65 years.
- The judges of high court cannot plead before any court, during their tenure and after retirement, they cannot plead in any court below the high court. Unlike, the judges of supreme court cannot plead before any court during their tenure and after retirement, within the country.
Eligibility
High Court
To be appointed as a judge in high court a person must be a citizen of India first, who has been:
- Holding a judicial office for at least ten years in India or
- An advocate who practised in the high court or two or more such courts, for not less than ten years.
Supreme Court
To be appointed as a Supreme Court Judge, first of all, a person has to be a citizen of India, who must have been:
- A judge of high court consistently for a period of five years or
- An advocate of high court for a minimum of 10 years or
- A distinct jurist in the opinion of President of India.
Conclusion
To sum up, we can say that high court and supreme court differs regarding jurisdiction, powers, superintendence and so on. In India, there is an integrated judicial system, wherein judgements made by the courts of higher rank are binding on the courts of lower rank. To further comprehend the system, it can be said that if a person thinks that the decision made by the court is not just, he/she can make an appeal to higher court.
simpa says
Good information Ma’am