High Court is the highest court of appeals in the state. It has been given extensive and effective powers. The high court is made up of many jurisdictions, and each of these jurisdictions has a wide range of authority and responsibilities. It has the authority to interpret the Constitution. It also 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. In this article we will discuss more about the Jurisdiction and Powers of the High Court.

Definition

• In the Indian single integrated judicial system, the high court operates below the Supreme Court but above the subordinate courts.
• A state's judiciary consists of a high court and a hierarchy of lower courts. The high court is the highest level of judicial administration in a state.
• The High Court was established in India in 1862, when high courts were established in Bombay, Calcutta, and Madras.
• The Constitution directs the government that the High Court shall have the power, throughout its jurisdiction, to issue directions, orders, or writs to any person or authority, including, in appropriate cases, any Government, for the enforcement of any of the rights conferred by Part III, as well as for any other purpose.
• A high court's territorial jurisdiction is co-terminus with a state's territory.
• Similarly, a common high court's territorial jurisdiction is co-terminus with the territories of the concerned states and union territory.

Constitutional Provisions

• The Constitution makes no specific provisions regarding the jurisdiction and powers of a high court.
• It only states that the jurisdiction and powers of a high court must be the same as they were prior to the adoption of the Constitution.
• However, the Constitution grants the High Court jurisdiction over revenue matters (which it did not have prior to the Constitution).
• Other provisions of the Constitution grant a high court additional powers such as writ jurisdiction, superintendence, consultative power, and so on.
• It gives Parliament and state legislatures the authority to change a high court's jurisdiction and powers.
• Article 225 deals with the jurisdiction of existing high courts.
• Article 226 deals with the power of High Courts to issue certain writs.
• Article 227 deals with the power of superintendence over all courts by the High Court.
• Article 230 deals with the extension of jurisdiction of High Courts to union territories.
• Article 231 deals with the establishment of a common High Court for two or more states.
• Although the Indian Constitution provides for a high court in each state, the Seventh Amendment Act of 1956 authorised Parliament to establish a common high court for two or more states or two or more states and a union territory.

Jurisdiction and Powers of High Court

The current jurisdiction and powers of a high court are controlled by

• The constitutional provisions
• The Letters Patent
• The Acts of Parliament
• The Acts of State Legislature
• Indian Penal Code, 1860
• Criminal Procedure Code, 1973
• Civil Procedure Code, 1908.

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:

• Disputes of admiralty and contempt of court.
• Disputes over the election of members of Parliament and state legislatures
• In relation to a revenue matter or an act ordered or performed in the course of revenue collection.
• Protection of citizens' fundamental rights.
• Cases ordered to be transferred from a subordinate court to its own file involving constitutional interpretation.
• In cases of higher value, the four high courts (Calcutta, Bombay, Madras, and Delhi High Courts) have original civil jurisdiction.

2. Writ Jurisdiction

• Article 226 of the Constitution authorises a high court to issue writs such as for enforcement of fundamental rights and for any other purpose.
• The phrase "for any other purpose" refers to the enforcement of a common legal right.
• 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 if the cause of action arises within its territorial jurisdiction.
• The high court's writ jurisdiction is not exclusive, but rather concurrent with the Supreme Court's writ jurisdiction (under Article 32).
• 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.
• However, the high court's writ jurisdiction is broader than that of the Supreme Court.
• This is because the Supreme Court can only issue writs for the enforcement of fundamental rights and not for any other purpose, which means that it does not apply in cases where an ordinary legal right is allegedly violated.

3. Appellate Jurisdiction

• A high court is primarily a court of appeal. It hears appeals againstsubordinate court decisions rendered within its territorial jurisdiction.
• In both civil and criminal cases, it has appellate jurisdiction.
• Civil Jurisdiction entails district court, civil district court, and subordinate court decisions and judgments.
• Criminal Jurisdiction comprises decisions and orders of the Sessions Court and Additional Sessions Court.
• As a result, a high court's appellate jurisdiction extends beyond its original jurisdiction.

4. Supervisory Jurisdiction

• A high court has the authority to superintend all courts and tribunals operating within its territorial jurisdiction (except military courts or tribunals).
• This power of superintendence of a high court is very broad because:
  • it extends to all courts and tribunals, whether or not they are subject to the high court's appellate jurisdiction;
  • it covers both administrative and judicial superintendence;
  • it is a revisional jurisdiction; and
  • it can be suo-motu (on its own) and not necessarily on the application of a party.
• This power, however, does not give the high court unrestricted authority over the lower courts and tribunals.
• Since it is an extraordinary power, it should be used sparingly and only in appropriate cases.

5. Control over Subordinate Courts

A high court has administrative control and other powers over subordinate courts in addition to its appellate and supervisory jurisdiction over them. It includes the following:

• It advises the governor on the appointment, posting, and promotion of district judges, as well as the appointment of individuals to the state's judicial service (other than district judges).
• It deals with the posting, promotion, leave, transfers, and discipline of members of the state's judicial service (other than district judges).
• It has the authority to withdraw a case pending in a subordinate court if it involves a substantial question of law requiring constitutional interpretation.
• 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.
• Its law is binding on all subordinate courts operating within its territorial jurisdiction in the same way that the Supreme Court's decision is binding on all courts in India.

6. A Court of Record

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

• The high courts' judgments, proceedings, and acts are recorded for perpetual memory and testimony.
• When produced before any subordinate court, these records are admitted to have evidentiary value and cannot be questioned.
• They are accepted as legal precedents and references.
• It has the authority to punish for contempt of court with simple imprisonment, a fine, or both.
• A high court, as a court of record, has the authority to review and correct its own judgement, order, or decision, despite the fact that no specific power of review is granted to it by the Constitution.
• The Supreme Court, on the other hand, has been expressly granted review power by the constitution.

7. Power of Judicial Review

• 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.
• 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). As a result, the government cannot enforce them.
• Though the term "judicial review" is not used in the Constitution, the provisions of Articles 13 and 226 explicitly grant the high court the power of judicial review.
• The constitutional validity of legislative enactment or an executive order can be challenged in a high court on three grounds:
  • it violates fundamental rights (Part III);
  • it is outside the competence of the authority that framed it; and
  • It violates the provisions of the constitution.
• 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.
• The 43rd Amendment Act of 1977, however, restored the original position.

Name and Jurisdiction of High Courts

• There are currently 25 high courts in India and only three of them havejurisdiction over more than one state.
• Among the nine union territories, Delhi is the only one with its own high court (since 1966).
• A common high court exists in the union territories of Jammu and Kashmir and Ladakh.
• The other union territories are subject to the jurisdiction of various state high courts.
• The Parliament has the authority to extend a high court's jurisdiction to any union territory or to exclude a high court's jurisdiction from any union territory.

Conclusion

The High Court is a state's highest judicial court. It is the country's second-highest court, behind the Supreme Court of India. Almost every state has a High Court, which is the highest court at the state level. 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.

FAQs

MCQs

1. Under which article does the High Court have the power to issue writs?

A. Article 32
B. Article 226
C. Article 227
D. Article 32

2. Which of the following is NOT a type of writ that can be issued by the High Court?

A. Habeas Corpus
B. Mandamus
C. Injunction
D. Quo Warranto

3. What is the appellate jurisdiction of the High Court?

A. It cannot hear appeals from lower courts
B. It can hear appeals in civil and criminal matters
C. It only hears constitutional matters
D. It has no appellate jurisdiction

4. Under which article can the High Court exercise its supervisory jurisdiction over subordinate courts?

A. Article 226
B. Article 227
C. Article 32
D. Article 21

5. What is the main purpose of the High Court's power of judicial review?

A. To enforce laws
B. To interpret the Constitution
C. To ensure laws comply with the Constitution
D. To supervise lower courts

GS Mains Questions and Model Answers

1. Discuss the role of High Courts in upholding the Constitution of India.

Answer: High Courts play a pivotal role in upholding the Constitution of India through their powers of judicial review and the issuance of writs. By reviewing legislation and executive actions, High Courts ensure compliance with constitutional provisions, protecting citizens' fundamental rights. Their ability to hear appeals allows for the correction of judicial errors, promoting justice and legal consistency. Additionally, High Courts contribute to the evolution of constitutional law through landmark judgments, shaping the interpretation of rights and liberties in a dynamic socio-political context.

2. Analyze the significance of the High Court's power to issue writs in the context of Indian democracy.

Answer: The power of High Courts to issue writs is fundamental to the protection of individual rights and the functioning of democracy in India. Writs such as Habeas Corpus, Mandamus, and Certiorari empower the judiciary to intervene against arbitrary state actions, ensuring accountability and transparency in governance. This power acts as a safeguard for fundamental rights, allowing citizens to challenge unlawful detention, demand performance of public duties, and seek redress against administrative decisions. In essence, the writ jurisdiction strengthens the democratic framework by promoting the rule of law and citizen empowerment.

3. Evaluate the challenges faced by High Courts in exercising their jurisdiction and powers.

Answer: High Courts face several challenges in exercising their jurisdiction and powers, including case backlogs that hinder timely justice delivery. The increasing number of cases often overwhelms the judicial system, leading to delays and dissatisfaction among litigants. Additionally, the lack of adequate resources, including judicial personnel and infrastructure, further complicates the effective functioning of High Courts. Moreover, issues such as judicial independence, external pressures, and the need for reforms in the legal framework pose significant hurdles. Addressing these challenges is essential to enhance the efficacy and credibility of the High Court in upholding justice.

Previous Year Questions on Jurisdiction and Powers of High Courts

1. UPSC CSE Prelims 2020

Question: Which article of the Constitution provides for the establishment of High Courts in India?
A. Article 214
B. Article 226
C. Article 32
D. Article 227

Answer: A

Explanation: Article 214 provides for the establishment of High Courts for each state, empowering the Constitution to set up a judicial system at the state level.

2. UPSC CSE Mains 2021 (GS Paper 2)

Question: "High Courts play a crucial role in maintaining the rule of law." Discuss this statement in the context of their jurisdiction and powers.

Answer: High Courts are vital for maintaining the rule of law through their jurisdiction and powers, primarily by protecting fundamental rights, overseeing the legality of government actions, and correcting judicial errors. Their ability to issue writs empowers them to act against unconstitutional actions and ensure that citizens' rights are upheld. By exercising judicial review, High Courts can invalidate laws that contradict the Constitution, reinforcing the supremacy of constitutional provisions. Moreover, their supervisory role over subordinate courts ensures a uniform application of justice across the legal system, thereby fortifying the foundations of democracy and accountability in governance.