Powers and Jurisdiction of the High Court 

 

Like the Supreme Court, each High Court is also to be a ‘Court of record and of original and appellate jurisdiction with all the powers of such a court including the power to punish for its contempt (Art. 215). Just as the law declared by the Supreme Court is binding on all courts in India, that declared by the High Court is binding on all subordinate courts within the State or within the territory covered by the jurisdiction of the High Court (State of M.P. v Bhailal AIR 1964 SC 1006).

 

The pre-constitutional jurisdiction of the High Courts is preserved by the Constitution (Art. 225). The jurisdiction and powers of the High Courts can be changed both by the Parliament and the State Legislature.

Original Jurisdiction –

 

Art. 226 lays down that notwithstanding anything in Art. 32, every High Court shall have power throughout the territory under its jurisdiction to issue to any person or authority directions, orders or writs or any of them for the enforcement of the fundamental rights or for any other purpose. The High Court may set aside an illegal order, may declare the law or the right, may order relief by way of, for example, refund of illegal tax, etc.

Each High Court also has powers of superintendence over all the courts and tribunals other than those set up under any law relating to armed forces – in the area of its jurisdiction (Art. 227). Further. this power of superintendence includes a revisional jurisdiction to intervene in cases of gross injustice or non-exercise or abuse of jurisdiction, even though no appeal or revision against the orders of such tribunal was otherwise available. This power of superintendence is wider than the power conferred on the High Court to control inferior courts through writs under Art. 226.

 

It is not confined only to administrative superintendence (calling of retuins, rules for regulating the practice and proceedings of the lower courts) but also judicial superintendence. The power being extraordinary is to be exercised most sparingly and only in appropriate cases to keep the subordinate courts within the bounds of their authority. 

There are certain other cases also which fall under the original jurisdiction of the High Courts. The cases pertaining to marriage laws, divorce, company laws, wills of the deceased, cases involving a sum or property of certain value (pecuniary jurisdiction) may originate in the High Courts. For example, Bombay High Court has original jurisdiction in matters of Parsi Marriage.al

Appellate Jurisdiction –

 

A High Court is essentially a Court of Appeal. It has appellate jurisdiction over subordinate courts. It may reduce the sentence or even acquit the accused against the judgment of a lower court. Further, where any High Court is satisfied that a case pending in the lower courts involves a substantial question of law as to the interpretation of the Constitution, it may withdraw the case and either itself decide it or determine the said question of law and return the case to the court concerned for disposal (Art. 228Transfer of cases).

Disciplinary Jurisdiction –

 

Every High Court has full control over its staff. The salaries and allowances of the judges and of the High Court staff are all charged on the Consolidated Fund of the State. Appointments of officers and staff of a High Court are made by the Chief Justice of the Court or by such other judge or officer of the Court as he may decide.

 

The terms and conditions of service of the staff and officers of the Court should appropriately be settled by rules made by the Chief Justice and approved by the President (Art. 229). The jurisdiction of a High Court may be extended to or excluded from a Union Territory (Art. 230). Under Art. 235, the High Court has disciplinary jurisdiction over subordinate courts; only a High Court can exercise disciplinary power against a judge of the inferior court

 

Related links 

Indian Penal Code Section 124 in Hindi

IPC Section 99 Kya Hai – What is IPC 99

Indian Penal Code Section (IPC )378 in Hindi – सम्पत्ति के विरुद्ध अपराधों के विषय में

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