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Original Jurisdiction of High Court - Indian Polity Notes

Original Jurisdiction of High court means the power of a High court to hear disputes in the first instance, not by way of appeal. The Original jurisdiction of the High court is guaranteed under Article 225 of the Indian Constitution. In issues of Fundamental rights enforcement, the high court, like the Supreme Court, has original jurisdiction. It also has original jurisdiction over admiralty, wills, marriages, divorces, corporate legislation, and contempt of court. The UPSC Indian Polity and Governance Syllabus include the original jurisdiction of the High Court which is described in this article.

Original Jurisdiction of High Court

Original Jurisdiction

  • Original Jurisdiction refers to a high court's ability to hear cases directly, without resorting to an appeal, in the first instance.
  • In the case of the Indian Supreme Court, Article 131 of the Indian Constitution governs the court's initial jurisdiction.
  • In the state or union territory where they are located or have authority, the High Courts are the highest courts of law. 
  • Within the states' and/or union territories' borders, where they have authority, their rulings have legal force.
  • The High Courts hear appeals from subordinate courts that fall under their purview in both civil and criminal cases. 
  • However, the original jurisdiction for civil proceedings lies with the High Courts of Delhi, Calcutta, Bombay, and Madras. There is a monetary value associated with certain cases. 
  • Original jurisdiction over tax disputes belongs to every High Court. 
  • Additionally, matters involving admiralty, contempt of court, marriage, probate, and election petitions may fall under the original jurisdiction.
Original Jurisdiction extends to the following

Original Jurisdiction extends to the following

  • Judicial contempt and matters of admiralty.
  • Disputes involving the election of members of the state legislature and the parliament.
  • Regarding a revenue-related issue or a task requested or completed in the pursuit of revenue.
  • Enforcement of Fundamental rights. For example; An aggrieved person can directly go to High court for enforcement of his/her Fundamental right. 
  • Cases in which a subordinate court was instructed to move cases involving constitutional interpretation to its own file.
  • The High Courts have the sole power to hear civil claims involving property valued at more than Rs. 20,000.
  • The High Courts have the authority to consider election petitions.
  • In matters of greater importance, the four high courts—the Calcutta, Bombay, Madras, and Delhi High Courts—have original civil jurisdiction.
  • Prior to 1973, the original criminal jurisdiction also lay with the Calcutta, Bombay, and Madras High Courts. Through the 1973 Criminal Procedure Code, this was completely eliminated.
Powers of High court

Powers of High court

The High Courts have a number of responsibilities and powers, which are described below.

As a Court of Record

  • High Courts are also Courts of Record (like the Supreme Court).
  • Subordinate courts might consult the records of High Court judgments to make decisions in cases.
  • All High Courts have the authority to penalize anyone or any institution for contempt.

Administrative Powers

  • It supervises and governs all of the lower courts.
  • It has the authority to request details of proceedings from lower courts.
  • It establishes rules for the operation of the subordinate courts.
  • It has the power to move cases from one court to another, as well as to transfer cases to itself and decide on them.
  • It has the authority to investigate any subordinate court's records or any related materials.
  • It has the authority to appoint its administrative employees and set their pay, allowances, and working conditions.

Power of Judicial Review

Judicial review is a power that High Courts enjoy. If a statute or ordinance is determined to be in violation of the Indian Constitution, they have the authority to declare it unconstitutional.

Power of Certification

A High Court can certify matters for the appeal to the Supreme Court on its own.

Conclusion

In a few situations, the high court has the power to consider the matter directly, without resorting to an appeal. This condition is referred to as original jurisdiction. A legal institution, such as a court, is granted jurisdiction when it comes to a certain area of duty. Any subject or matter that is brought before a particular court first falls under the definition of original jurisdiction of a court. The High Courts review appeals from inferior courts that fall under their purview in both civil and criminal cases.

FAQs

FAQs

Question: What is the original jurisdiction of High Courts in India?

Answer: Original jurisdiction refers to the power of High Courts to hear cases directly, without them being referred by a lower court.

Question: Which constitutional article provides for the original jurisdiction of High Courts?

Answer: Article 225 of the Indian Constitution details the original jurisdiction of High Courts.

Question: What types of cases fall under the original jurisdiction of High Courts?

Answer: Cases related to the enforcement of fundamental rights, admiralty matters, election disputes, and revenue issues fall under original jurisdiction.

Question: Do all High Courts have original civil jurisdiction?

Answer: No, only the High Courts of Calcutta, Bombay, Madras, and Delhi have original civil jurisdiction over certain cases.

Question: What is admiralty jurisdiction in the context of High Courts?

Answer: Admiralty jurisdiction involves cases related to maritime law, including shipping disputes and navigation issues.

MCQs

1. Which of the following matters falls under the original jurisdiction of the High Courts?

A. Election disputes
B. Criminal appeals
C. Tax evasion cases
D. Traffic violations

Answer:  (A) See the Explanation

High Courts have original jurisdiction over election disputes involving state legislatures and Parliament.

2. Which article of the Indian Constitution governs the original jurisdiction of High Courts?

A. Article 131
B. Article 226
C. Article 225
D. Article 124

Answer:  (C) See the Explanation

Article 225 of the Indian Constitution deals with the original jurisdiction of High Courts.

3. Which of the following High Courts holds original civil jurisdiction?

A. Rajasthan High Court
B. Delhi High Court
C. Patna High Court
D. Karnataka High Court

Answer:  (B) See the Explanation

The Delhi High Court, along with the High Courts of Calcutta, Bombay, and Madras, has original civil jurisdiction.

4. Under which jurisdiction can a High Court hear cases related to maritime disputes?

A. Appellate Jurisdiction
B. Criminal Jurisdiction
C. Admiralty Jurisdiction
D. Family Law Jurisdiction

Answer:  (C) See the Explanation

High Courts have original admiralty jurisdiction over maritime disputes.

5. What type of jurisdiction allows High Courts to hear cases involving fundamental rights violations?

A. Appellate Jurisdiction
B. Original Jurisdiction
C. Special Jurisdiction
D. Administrative Jurisdiction

Answer:  (B) See the Explanation

High Courts have original jurisdiction to hear cases involving the enforcement of fundamental rights.

GS Mains Questions and Model Answers

Q1: Discuss the significance of the original jurisdiction of High Courts in enforcing fundamental rights in India.

Answer: The original jurisdiction of High Courts under Article 226 plays a crucial role in protecting fundamental rights. It empowers individuals to directly approach the High Court when their rights are violated. This makes access to justice easier and ensures timely intervention in cases of state overreach. The High Courts thus serve as important custodians of constitutional values, safeguarding individual freedoms.

Q2: Explain the scope of admiralty jurisdiction under the original jurisdiction of High Courts.

Answer: Admiralty jurisdiction of High Courts deals with maritime law matters, such as shipping disputes, navigation issues, and offenses on high seas. High Courts in India exercise this jurisdiction in line with international laws governing maritime affairs. This jurisdiction helps India regulate its maritime economy, protect its shipping industry, and ensure justice in maritime disputes.

Q3: Evaluate the importance of election disputes being under the original jurisdiction of High Courts.

Answer: Election disputes fall under the original jurisdiction of High Courts, ensuring timely and impartial adjudication. This jurisdiction is essential for maintaining the integrity of electoral processes. High Courts have the authority to resolve election-related grievances, ensuring that electoral malpractices are addressed promptly. By handling these disputes efficiently, the judiciary helps uphold democratic principles.

Previous Year Questions on Original Jurisdiction of High Court 

1. UPSC CSE Prelims 2020

Question: Which High Courts have original civil jurisdiction over high-value disputes?
A. Madras, Delhi, and Rajasthan
B. Calcutta, Bombay, and Delhi
C. Karnataka, Gujarat, and Patna
D. Allahabad, Delhi, and Kerala

Answer: B

Explanation: The High Courts of Calcutta, Bombay, Madras, and Delhi have original civil jurisdiction over specific high-value disputes.

2. UPSC CSE Mains 2017 (GS Paper 2)

Question: “Discuss the scope of original jurisdiction in the High Courts and how it strengthens the federal structure of India.”

Answer: The original jurisdiction of High Courts allows them to directly hear cases such as fundamental rights enforcement, admiralty, and election disputes. This decentralization of judicial power strengthens the federal structure by providing citizens with direct access to justice at the state level. It also ensures that High Courts play a critical role in resolving constitutional and legal matters, thus preserving the balance between central and state authorities.

*The article might have information for the previous academic years, please refer the official website of the exam.
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