Discuss the jurisdiction and powers of High Courts.

The high court is the highest level of judicial administration in a state. It serves as a
supervisory and consultative body. Part VI of the Constitution containing Articles 214 to
231 deals with the organisation, independence, jurisdiction, powers, procedures, and so
on of the high courts.

The Seventh Amendment Act of 1956 authorized Parliament to establish a common high
court for two or more states or two or more states and a union territory.

The functions of the High Court are described in the below section under subsections
such as its jurisdiction, powers, role, etc.

A high court currently has the following jurisdiction and powers:

1. Original Jurisdiction

It refers to the ability of a high court to hear disputes in the first instance rather than on
appeal. It applies to the following:

1. Disputes of admiralty and contempt of court.

2. Disputes over the election of members of Parliament and state legislatures

3. In relation to revenue matter or an act ordered or performed in the course of

revenue collection.

4. Protection of citizens' fundamental rights.

5. As per Art. 228, Cases ordered to be transferred from a subordinate court to its
own file involving constitutional interpretation.

6. In cases of higher value, the four high courts (Calcutta, Bombay, Madras, and Delhi
High Courts) have original civil jurisdiction.

2. Writ Jurisdiction

1. Article 226 of the Constitution authorises a high court to issue writs such as for
enforcement of fundamental rights and for any other purpose.

2. The phrase "for any other purpose" refers to the enforcement of a common legal
right.

3. The high court has the authority to issue writs to any person, authority, or
government not only within its territorial jurisdiction but also outside it.
 4. The high court's writ jurisdiction is not exclusive, but rather concurrent with the
Supreme Court's writ jurisdiction (under Article 32).

5. It means that when a citizen's fundamental rights are violated, the aggrieved party
has the option of directly moving either the high court or the Supreme Court.

6. The high court's writ jurisdiction is broader than that of the Supreme Court.

3. Appellate Jurisdiction

1. A high court is primarily a court of appeal. It hears appeals against subordinate

court decisions rendered within its territorial jurisdiction.

2. In both civil and criminal cases, it has appellate jurisdiction.

3. Civil Jurisdiction entails district court, civil district court, and subordinate court
decisions and judgments.

4. Criminal Jurisdiction comprises decisions and orders of the Sessions Court and
Additional Sessions Court.

5. As a result, a high court's appellate jurisdiction extends beyond its original

jurisdiction.

4. Supervisory Jurisdiction

1. A high court has the authority to superintend all courts and tribunals operating
within its territorial jurisdiction (except military courts or tribunals).

2. This power of superintendence of a high court is very broad because:

3. it extends to all courts and tribunals, whether or not they are subject to the high
court's appellate jurisdiction;

4. it covers both administrative and judicial superintendence;

5. it is a revisional jurisdiction; and

6. it can be suo-motu (on its own) and not necessarily on the application of a party.

5. Control over Subordinate Courts (Art. 235)

1. A high court has administrative control and other powers over subordinate courts.
It includes the following:

2. It advises the governor on the appointment, posting, and promotion of district

judges (other than district judges).
 3. It deals with the posting, promotion, leave, transfers, and discipline of members of
the state's judicial service (other than district judges).

4. It has the authority to withdraw a case pending in a subordinate court if it requires

constitutional interpretation.

5. It can then either decide the case on its own or decide the question of law and
return the case to the subordinate court with its decision.

6. Its law is binding on all subordinate courts operating within its territorial
jurisdiction.

6. A Court of Record (Art. 215)

1. A high court has two powers as a court of record:

2. The high courts' judgments, proceedings, and acts are recorded for perpetual
memory and testimony.

3. When produced before any subordinate court, these records are admitted to have
evidentiary value and cannot be questioned.

4. They are accepted as legal precedents and references.

5. It has the authority to punish for contempt of court with simple imprisonment, a
fine, or both.

6. A high court, as a court of record, has the authority to review and correct its own
judgement, order, or decision.

7. Power of Judicial Review

1. The provisions of Articles 13 and 226 explicitly grant the high court the power of
judicial review

2. Judicial review refers to a high court's authority to examine the constitutionality of

legislative acts and executive orders issued by both the central and state
governments.

3. If they are found to be in violation of the Constitution (ultra-vires), the high court
can declare them illegal, unconstitutional, and invalid (null and void).

4. The constitutional validity of legislative enactment or an executive order can be

challenged in a high court on three grounds:
 5. The 42nd Amendment Act of 1976 limited the high court's judicial review power. It
prohibited the high courts from considering the constitutionality of any central
law.

6. The 43rd Amendment Act of 1977, however, restored the original position.

Landmark cases regarding jurisdiction of high court

1. Here are some landmark cases regarding the jurisdiction of High Courts:
Keshavananda Bharati vs. State of Kerala"case (1973): In this case, the Supreme
Court of India held that the High Courts have the power to examine the
constitutionality of laws passed by the legislature, and that such powers are
essential for upholding the fundamental rights of citizens.

2. ADM Jabalpur case (1976): In this case, the Supreme Court of India held that even
though the Constitution grants the power of writs to the High Courts, during an
emergency, the power to suspend the writs can also be exercised by the executive.

3. Minerva Mills case (1980): In this case, the Supreme Court of India held that the power
of judicial review is an integral part of the basic structure of the Constitution, and that
any attempt to abrogate this power would be unconstitutional.

4. S. P. Gupta case (1981): In this case, the Supreme Court of India held that the power of
the High Courts to transfer cases from one court to another is an inherent power, and
that it is essential for ensuring the fair and efficient administration of justice.

5. Maneka Gandhi case (1978): In this case, the Supreme Court of India held that the
right to personal liberty is a fundamental right under the Indian Constitution, and that
any law or action that infringes upon this right must be subject to judicial review.

Conclusion

The High Court is a state's highest judicial court. It oversees many subordinate courts in a
state. The Constitution makes no specific provisions for the jurisdiction and functions of a
high court. It merely states that the jurisdiction and powers of a high court must remain
the same as they were before the adoption of the constitution.