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except the Supreme Court and the other high courts. This ensures | that they do not favour any one in the hope of future favour. | 7. Power to Punish for its Contempt |
A high court can punish any person for its contempt. Thus, its | actions and decisions cannot be criticised and opposed by | anybody. This power is vested in a high court to maintain its |
authority, dignity and honour. | 8. Freedom to Appoint its Staff | The chief justice of a high court can appoint officers and servants |
of the high court without any interference from the executive. He | can also prescribe their conditions of service. | 9. Its Jurisdiction cannot be Curtailed |
The jurisdiction and powers of a high court in so far as they are | specified in the Constitution cannot be curtailed both by the | Parliament and the state legislature. But, in other respects, the |
jurisdiction and powers of a high court can be changed both by | the parliament and the state legislature. | 10. Separation from Executive |
The Constitution directs the state to take steps to separate the | judiciary from the executive in public services. This means that the | executive authorities should not possess the judicial powers. |
JURISDICTION AND POWERS OF HIGH COURT | Like the Supreme Court, the high court has been vested with quite | extensive and effective powers. It is the highest court of appeal in |
the state. It is the protector of the Fundamental Rights of the | citizens. It is vested with the power to interpret the Constitution. | Besides, it has supervisory and consultative roles. |
However, the Constitution does not contain detailed provisions | with regard to the jurisdiction and powers of a high court. It only | lays down that the jurisdiction and powers of a high court are to be |
the same as immediately before the commencement of the | Constitution. But, there is one addition, that is, the Constitution | gives a high court jurisdiction over revenue matters (which it did |
not enjoy in the pre-con-stitution era). The Constitution also | confers (by other provisions) some more additional powers on a | high court like writ jurisdiction, power of superintendence, |
consultative power, etc. Moreover, it empowers the Parliament | and the state legislature to change the jurisdiction and powers of a | high court. |
At present, a high court enjoys the following jurisdiction and | powers: | 1. Original jurisdiction. |
2. Writ jurisdiction. | 3. Appellate jurisdiction. | 4. Supervisory jurisdiction. |
5. Control over subordinate courts. | 6. A court of record. | 7. Power of judicial review. |
The present jurisdiction and powers of a high court are | governed by (a) the constitutional provisions, (b) the Letters | Patent, (c) the Acts of Parliament, (d) the Acts of State |
Legislature, (e) Indian Penal Code, 1860, (f) Cirminal Procedure | Code, 1973, and (g) Civil Procedure Code, 1908. | 1. Original Jurisdiction |
(a) Matters of admirality and contempt of court. | (b) Disputes relating to the election of members of Parliament | and state legislatures. |
(c) Regarding revenue matter or an act ordered or done in | revenue collection. | (d) Enforcement of fundamental rights of citizens. |
(e) Cases ordered to be transferred from a subordinate court | involving the interpretation of the Constitution to its own file. | (f) The four high courts (i.e., Calcutta, Bombay, Madras and |
Delhi High Courts) have original civil jurisdiction in cases of | higher value. | Before 1973, the Calcutta, Bombay and Madras High Courts |
also had original criminal jurisdiction. This was fully abolished by | the Criminal Procedure Code, 1973. | 2. Writ Jurisdiction |
Article 226 of the Constitution empowers a high court to issue | writs including habeas corpus, mandamus, certiorari, prohibition | and quo warranto for the enforcement of the fundamental rights of |
the citizens and for any other purpose. The phrase ‘for any other | purpose’ refers to the enforcement of an ordinary legal right. The | high court can issue writs to any person, authority and |
government not only within its territorial jurisdiction but also | outside its territorial jurisdiction if the cause of action arises within | its territorial jurisdiction8 . |
The writ jurisdiction of the high court (under Article 226) is not | exclusive but concurrent with the writ jurisdiction of the Supreme | Court (under Article 32). It means, when the fundamental rights of |
a citizen are violated, the aggrieved party has the option of | moving either the high court or the Supreme Court directly. | However, the writ jurisdiction of the high court is wider than that of |
the Supreme Court. This is because, the Supreme Court can | issue writs only for the enforcement of fundamental rights and not | for any other purpose, that is, it does not extend to a case where |
the breach of an ordinary legal right is alleged. | In the Chandra Kumar case9 (1997), the Supreme Court ruled | that the writ jurisdiction of both the high court and the Supreme |
Court constitute a part of the basic structure of the Constitution. | Hence, it cannot be ousted or excluded even by way of an | amendment to the Constitution. |
3. Appellate Jurisdiction | A high court is primarily a court of appeal. It hears appeals against | the judgements of subordinate courts functioning in its territorial |
jurisdiction. It has appellate jurisdiction in both civil and criminal | matters. Hence, the appellate jurisdiction of a high court is wider | than its original jurisdiction. |
(a) Civil Matters | The civil appellate jurisdiction of a high court is as follows: | (i) First appeals from the orders and judgements of the district |
courts, additional district courts and other subordinate courts | lie directly to the high court, on both questions of law and fact, | if the amount exceeds the stipulated limit. |
(ii) Second appeals from the orders and judgements of the | district court or other subordinate courts lie to the high court in | the cases involving questions of law only (and not questions |
of fact). | (iii) The Calcutta, Bombay and Madras High Courts have | provision for intra-court appeals. When a single judge of the |
high court has decided a case (either under the original or | appellate jurisdiction of the high court), an appeal from such a | decision lies to the division bench of the same high court. |
(iv) Appeals from the decisions of the administrative and other | tribunals lie to the division bench of the state high court. In | 1997, the Supreme Court ruled that the tribunals are subject |
to the writ jurisdiction of the high courts. Consequently, it is | not possible for an aggrieved person to approach the | Supreme Court directly against the decisions of the tribunals, |
without first going to the high courts. | (b) Criminal Matters | The criminal appellate jurisdiction of a high court is as follows: |
imprisonment for more than seven years. It should also be | noted here that a death sentence (popularly known as capital | punishment) awarded by a sessions court or an additional |
sessions court should be confirmed by the high court before it | can be executed, whether there is an appeal by the convicted | person or not. |
(ii) In some cases specified in various provisions of the Criminal | Procedure Code (1973), the appeals from the judgements of | the assistant sessions judge, metropolitan magistrate or other |
magistrates (judicial) lie to the high court. | 4. Supervisory Jurisdiction | A high court has the power of superintendence over all courts and |
tribunals functioning in its territorial jurisdiction (except military | courts or tribunals). Thus, it may– | (a) call for returns from them; |
(b) make and issue, general rules and prescribe forms for | regulating the practice and proceedings of them; | (c) prescribe forms in which books, entries and accounts are to |
be kept by them; and | (d) settle the fees payable to the sheriff, clerks, officers and legal | practitioners of them. |
This power of superintendence of a high court is very broad | because, (i) it extends to all courts and tribunals whether they are | subject to the appellate jurisdiction of the high court or not; (ii) it |
covers not only administrative superintendence but also judicial | superintendence; (iii) it is a revisional jurisdiction; and (iv) it can be | suo-motu (on its own) and not necessarily on the application of a |
party. | However, this power does not vest the high court with any | unlimited authority over the subordinate courts and tribunals. It is |
an extraordinary power and hence has to be used most sparingly | and only in appropriate cases. Usually, it is limited to, (i) excess of | jurisdiction, (ii) gross violation of natural justice, (iii) error of law, |
5. Control over Subordinate Courts | In addition to its appellate jurisdiction and supervisory jurisdiction | over the subordinate courts as mentioned above, a high court has |
an administrative control and other powers over them. These | include the following: | (a) It is consulted by the governor in the matters of appointment, |
posting and promotion of district judges and in the | appointments of persons to the judicial service of the state | (other than district judges). |
(b) It deals with the matters of posting, promotion, grant of leave, | transfers and discipline of the members of the judicial service | of the state (other than district judges). |
(c) It can withdraw a case pending in a subordinate court if it | involves a substantial question of law that require the | interpretation of the Constitution. It can then either dispose of |
the case itself or determine the question of law and return the | case to the subordinate court with its judgement. | (d) Its law is binding on all subordinate courts functioning within |
its territorial jurisdiction in the same sense as the law | declared by the Supreme Court is binding on all courts in | India. |
6. A Court of Record | As a court of record, a high court has two powers: | (a) The judgements, proceedings and acts of the high courts are |
recorded for perpetual memory and testimony. These records | are admitted to be of evidentiary value and cannot be | questioned when produced before any subordinate court. |
They are recognised as legal precedents and legal | references. | (b) It has power to punish for contempt of court, either with |
simple imprisonment or with fine or with both. | The expression ‘contempt of court’ has not been defined by the | Constitution. However, the expression has been defined by the |
Contempt of Court Act of 1971. Under this, contempt of court may | be civil or criminal. Civil contempt means wilful disobedience to | any judgement, order, writ or other process of a court or wilful |
breach of an undertaking given to a court. Criminal contempt | means the publication of any matter or doing an act which–(i) | scandalises or lowers the authority of a court; or (ii) prejudices or |
interferes with the due course of a judicial proceeding; or (iii) | interferes or obstructs the administration of justice in any other | manner. |
However, innocent publication and distribution of some matter, | fair and accurate report of judicial proceedings, fair and | reasonable criticism of judicial acts and comment on the |
administrative side of the judiciary do not amount to contempt of | court. | As a court of record, a high court also has the power to review |
and correct its own judgement or order or decision, even though | no specific power of review is conferred on it by the Constitution. | The Supreme Court, on the other hand, has been specifically |
conferred with the power of review by the constitution. | 7. Power of Judicial Review | Judicial review is the power of a high court to examine the |
constitutionality of legislative enactments and executive orders of | both the Central and state governments. On examination, if they | are found to be violative of the Constitution (ultra-vires), they can |
be declared as illegal, unconstitutional and invalid (null and void) | by the high court. Consequently, they cannot be enforced by the | government. |
Though the phrase ‘judicial review’ has no where been used in | the Constitution, the provisions of Articles 13 and 226 explicitly | confer the power of judicial review on a high court. The |
constitutional validity of a legislative enactment or an executive | order can be challenged in a high court on the following three | grounds: |
(a) it infringes the fundamental rights (Part III), | (b) it is outside the competence of the authority which has | framed it, and |
(c) it is repugnant to the constitutional provisions. | The 42nd Amendment Act of 1976 curtailed the judicial review | power of high court. It debarred the high courts from considering |
the constitutional validity of any central law. However, the 43rd | Amendment Act of 1977 restored the original position. | Table 34.1 Name and Jurisdiction of High Courts |
Name Year of Territorial Seat | establishment Jurisdiction | 1. Allahabad 1866 Uttar Pradesh Allahabad |
(Bench at | Lucknow) | 2. Andhra 2019 Andhra Pradesh Amaravati |
Pradesh | 3. Bombay13 1862 Maharashta, Mumbai | Goa, Dadra and (Benches at |
Nagar Haveli Nagpur, | and Daman and Panaji and | Diu Aurangabad) |
4. Calcutta13 1862 West Bengal Kolkata | and Andaman (Circuit | and Nicobar Bench at |
Islands Port Blair) | 5. Chhattisgarh 2000 Chhattisgarh Bilaspur | 6. Delhi 1966 Delhi Delhi |
7. Guwahati 194810 Assam, Guwahati | Nagaland, (Benches at | Mizoram and Kohima, |
Arunachal Aizawl and | Pradesh14 Itanagar) | 8. Gujarat 1960 Gujarat Ahmedabad |
9. Himachal 1971 Himachal Simla | Pradesh Pradesh | 10. Jammu and 1928 Jammu and Srinagar and |
Kashmir Kashmir and Jammu | Ladakh | 11. Jharkhand 2000 Jharkhand Ranchi |
12. Karnataka 188411 Karnataka Bengaluru | 13. Kerala 1956 Kerala and Ernakulam | Lakshadweep |
14. Madhya 1956 Madhya Jabalpur | Pradesh Pradesh (Benches at | Gwalior and |
Indore) | 15. Madras13 1862 Tamil Nadu and Chennai | Puducherry |
16. Manipur15 2013 Manipur Imphal | 17. Meghalaya15 2013 Meghalaya Shillong | 18. Orissa16 1948 Odisha Cuttack |
19. Patna 1916 Bihar Patna | 20. Punjab and 187512 Punjab, Chandigarh | Haryana Haryana and |
Chandigarh | 21. Rajasthan 1949 Rajasthan Jodhpur | (Bench at |
Jaipur) | 22. Sikkim 1975 Sikkim Gangtok | 23. Telangana17 1954 Telangana Hyderabad |
24. Tripura15 2013 Tripura Agartala | 25. Uttarakhand 2000 Uttarakhand Nainital | Table 34.2 Articles Related to High Courts at a Glance |
Article No. Subject Matter | 214. High Courts for states | 215. High Courts to be courts of record |
216. Constitution of High Courts | 217. Appointment and conditions of the office of a | Judge of a High Court |
218. Application of certain provisions relating to | Supreme Court to High Courts | 219. Oath or affirmation by judges of High Courts |
220. Restriction on practice after being a permanent | judge | 221. Salaries etc., of judges |
222. Transfer of a judge from one High Court to | another | 223. Appointment of acting Chief Justice |
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