Jurisdiction Of High Courts In India

This Article is written by Shatakshi Singh & this article disscuss the concepts of Jurisdiction of High Courts.

Introduction

One of the main components of India’s legal system is the jurisdiction of its High Courts, which represents a fundamental aspect of justice and legal governance. High Courts are essential intermediate courts between the lower courts and the Supreme Court. They have a great deal of power and responsibility to interpret laws, provide justice, and protect citizens’ fundamental rights.

These courts have broad and varied jurisdiction, allowing them to make decisions on various civil, criminal, constitutional, and administrative cases. Gaining an understanding of the extent and subtleties of High Court jurisdiction is essential to appreciating the complex legal system in India and how it is used to protect the citizens’ rights and interests.

Jurisdiction of High Courts

The state’s highest court of appeals, the High Court has the authority to interpret the Constitution. It serves as the defender of citizens’ fundamental rights. In addition, it performs consulting and supervisory duties. On the other hand, specific provisions concerning the authority and jurisdiction of a high court are absent from the Constitution.

Original jurisdiction
Writ jurisdiction
Appellate jurisdiction
Supervisory jurisdiction
Control over subordinate courts
A court of record
Power of judicial review

Detailed analysis of Jurisdiction of the High Court

Original Jurisdiction

Regarding admiralty, wills, divorces, marriages, companies, contempt of court, and some revenue actions, each High Court has original jurisdiction. Directions, orders, or writs for the enforcement of any of the Fundamental Rights may be issued by any High Court.

Straightway lawsuits involving Christians and Parsees are originally heard by the High Courts of Mumbai, Kolkata, and Chennai. Additionally, they have initial civil jurisdiction over disputes involving sums exceeding two thousand rupees.

Appellate Jurisdiction

This pertains to situations where individuals have filed a complaint regarding the re-examination of a decision rendered by the district or lower court within that region. Two additional categories are applied to this power:

Civil jurisdiction comprises district court, civil district court, and subordinate court decisions and judgments.
Criminal Jurisdiction: this comprises extra sessions court rulings and orders as well as sessions court judgements.

Power of Superintendence

The High Court is the only court with this unique authority; no other lower court possesses the same level of superintendence.

This gives the High Court the authority to establish rules for conducting court cases, direct its subordinate offices and courts to maintain records, and determine the amount to be paid to sheriff officers, clerks, and attorneys.

Court of Record

It entails preserving for all time the decisions, actions, and sessions of high courts through recording. In no court may these records be questioned further. It has the authority to punish disobedience to itself.

Control over Subordinate Courts

The jurisdiction over appeals and supervision is expanded by this. It says that if a case is ongoing before any lower court and raises a significant legal issue, the High Court may withdraw it. Either the case can be resolved on its own, or the court can resolve the legal issue and take the case back.

Power of Judicial Review

The High Court has the authority to determine whether legislation and executive directives from the federal and state governments are constitutional. It should be observed that although our constitution makes no reference of judicial review, the High Court is expressly granted this authority under Articles 13 and 226.

Writ Jurisdiction of High Court

A high court may grant writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto under Article 226 of the Constitution in order to enforce people’s fundamental rights and for other purposes.

Article 226 of the Constitution of India states the Power of High Courts to issue certain writs-

Habeas Corpus: The definition of habeas corpus is “to present the body of.” A person in custody must appear before the court within twenty-four hours of being taken into custody.

Mandamus: Mandamus translates to “command.” The Court orders the relevant authorities to carry out the obligation in accordance with the law.

Prohibition: It is prohibited against bodies that are judicial or quasi-judicial in nature. When the relevant authority goes beyond its bounds, prohibition is imposed.

Certiorari: Certiorari is the verb for “to certify.” The highest court gives the lower court an order to determine whether an order it has issued is lawful. It checks the lower court’s capricious rulings.

Quo Warranto: The phrase “with what authority” is Quo Warranto. It defends the rights of the petitioner who is vying for the position. It requires the public office holder to demonstrate to the court what power he has in that capacity.

Other Jurisdictions

The Indian Constitution’s Article 215 states that the High Courts’ rulings are documented, regarded as authoritative, and applied as case law.
A High Court may institute contempt proceedings under Article 215 of the Indian Constitution against any person who engages in hateful propaganda against judges or attempts to sway the judges’ decisions or mislead the courts.
Like the Indian Supreme Court, every High Court has the authority to accept Public Interest Litigation.

The Supreme Court held in the Chandra Kumar case (1997)[1] that the fundamental framework of the Constitution includes the writ jurisdiction of both the High Court and the Supreme Court. Therefore, it cannot be eliminated or removed, not even by a Constitutional change.

Shah Faesal’s case[2] is legitimate since the incident occurred in Delhi before he was transported outside of its borders.

Conclusion

One of the most important facets of India’s legal system is the jurisdiction granted to its High Courts. These courts are essential to the administration of justice, the interpretation of the law, and the preservation of constitutionally guaranteed rights. The extensive range of cases under their jurisdiction—civil, criminal, constitutional, and administrative—highlights their importance in the legal system.

In addition to guaranteeing access to justice, the High Courts’ conscientious use of this power acts as a bulwark for preserving individual liberties and the rule of law. The High Courts in India are essential components of the judiciary and are dedicated to delivering fair and unbiased justice, which strengthens the country’s democratic values.

REFERENCES

[1] 1997 (2) SCR 1186

² WRIT PETITION (CIVIL) NO. 1099 OF 2019