Understanding High Court Jurisdiction in India

The question asks to identify the statement that is NOT correct regarding the jurisdiction of the High Court in India. Let's examine each option to determine its accuracy concerning the powers and jurisdiction of High Courts.

Analysis of High Court Jurisdiction Statements

We will analyze each given statement about the High Court jurisdiction:

• Statement 1: It controls the subordinate courts within its jurisdiction.

  This statement is correct. Under Article 227 of the Constitution of India, every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This includes the power to call for returns, make rules for practice and procedure, and generally control subordinate courts.

• Statement 2: It has the power of judicial review.

  This statement is correct. High Courts possess the power of judicial review, which allows them to examine the constitutionality of legislative enactments and executive orders. They can declare a law or action unconstitutional if it violates the provisions of the Constitution. This is a fundamental aspect of the High Court's jurisdiction.

• Statement 3: It provides advisory opinion to the President of India.

  This statement is incorrect. The power to provide an advisory opinion to the President of India is vested exclusively in the Supreme Court of India, as per Article 143 of the Constitution. High Courts do not have this advisory jurisdiction.

• Statement 4: It has writ jurisdiction.

  This statement is correct. High Courts have extensive writ jurisdiction under Article 226 of the Constitution. They can issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari not only for the enforcement of fundamental rights but also for any other legal right. This jurisdiction is broader than the Supreme Court's writ jurisdiction (under Article 32) which is limited to the enforcement of fundamental rights.

Based on the analysis, the statement that is NOT correct about the jurisdiction of the High Court is the one claiming it provides advisory opinions to the President of India.

Key Jurisdictions of High Courts

High Courts in India have diverse and significant jurisdictions, including:

• Original Jurisdiction (in certain matters like admiralty, probate, company law, contempt of court, election petitions, etc., and importantly, writ jurisdiction).
• Appellate Jurisdiction (both civil and criminal, hearing appeals from subordinate courts).
• Supervisory Jurisdiction (over subordinate courts and tribunals under Article 227).
• Judicial Review (reviewing constitutionality of laws and executive actions).
• Control over Subordinate Courts (appointment, promotion, leave, etc., of judicial officers, subject to certain constitutional provisions).

It is crucial to distinguish these from the exclusive powers of the Supreme Court, such as advisory jurisdiction under Article 143.

Comparing High Court and Supreme Court Jurisdiction

While both High Courts and the Supreme Court are apex courts, their jurisdictions differ. Here is a brief comparison regarding the points mentioned:

This comparison highlights why the statement about advisory opinion is incorrect for High Courts.

Conclusion

The statement that the High Court provides advisory opinion to the President of India is incorrect. This power is specifically granted to the Supreme Court of India by the Constitution.

Revision Table: High Court Powers

Additional Information on Advisory Jurisdiction

The advisory jurisdiction of the Supreme Court (under Article 143) allows the President to seek the Court's opinion on two categories of matters:

• Any question of law or fact of public importance.
• Any dispute arising out of any pre-constitution treaty, agreement, covenant, engagement, Sanad, or other similar instrument.

The Supreme Court is obligated to give its opinion in the second category but may refuse in the first. The opinion given by the Supreme Court is not binding on the President.

Understanding the distinct jurisdictions of the High Courts and the Supreme Court is essential for comprehending the Indian judicial system.