In this article we will discuss the Jurisdictions of High Court in a simple and easy way.
There may even be a single High Court for two states in some situations, in which case its jurisdiction or jurisdiction becomes quite extensive.
उच्च न्यायालय के क्षेत्राधिकार
High Court Jurisdiction
We understood about the independence of the High Court, overall there we saw that according to a democracy every necessary freedom has been given to the High Court. An institution is independent in that it has its own territory where it can exercise its freedom or exercise its powers.
Since our judicial system is based on a unified system where the High Court comes after the Supreme Court, the jurisdiction of the High Court is, accordingly, a little limited from that of the Supreme Court, but is well within a territory.
A High Court is the highest court of appeal in the state. It is the protector of the fundamental rights of the citizens, it also has the right to interpret the constitution. Apart from this, the role of its supervisor and advisor is also important.
Although the jurisdiction of the Supreme Court is detailed in the Constitution, it is not so in the case of the High Court. It is not extended in that way , only Article 225 states that the jurisdiction and powers of a High Court shall be the same as immediately before the commencement of the Constitution.
However, over a period of time many other things have been added to it such as the jurisdiction of the High Court over revenue matters (which it did not have in the pre-constitutional period). Apart from this, the power of judiciary, supervision, power of consultation etc. has also been given.
If the Parliament and the State Legislature so desire, they can bring about changes in the jurisdiction or jurisdiction of the High Courts. Talking about the present, the High Courts have the following jurisdiction and powers:-
1. Original Jurisdiction of High Court –
This means that in the disputes of the following matters, the High Court will, prima facie, hear directly and not through appeal.
(1) Matters of jurisdiction, will, marriage, divorce, company law and contempt of court.
(2) Disputes relating to the election of Members of Parliament and Member of State Legislature.
(3) In relation to a revenue matter or any act or order made for the collection of revenue.
(4) Enforcement of fundamental rights of citizens.
(5) In cases transferred from a subordinate court in relation to the interpretation of the Constitution.
Here Prima facie means a decision on the basis of what appears to be true at first sight, even if it turns out to be wrong later.
2. Writ Jurisdiction of High Court –
Article 226 of the Constitution empowers a High Court to issue writs of habeas corpus, mandamus, inducement, prohibition and pursuance of rights for the enforcement of fundamental rights of citizens and for any other purpose. We know that the Supreme Court has the same power to issue writs but under Article 32.
And secondly, this Supreme Court can issue writs only on matters related to Fundamental Rights but High Court can issue writs on matters other than Fundamental Rights also. That is to say that the jurisdiction of the High Court in this matter is more than that of the Supreme Court.
In the Chandrakumar case 1997, the Supreme Court considered the writ jurisdiction of the High Court and the Supreme Court as part of the basic structure of the Constitution. This means that nothing can be added or subtracted from it even through constitutional amendment.
3. Appellate Jurisdiction of High Court –
Appeal in the field of law is a process whereby the decisions of the lower courts are challenged in the higher courts. This system serves as a process of error correction as well as a process of clarifying and interpreting the law.
The High Court is also basically an Appellate Court. Where appeals are heard against the orders of subordinate courts falling under its jurisdiction. There are appeals in both civil and criminal cases.
However, in some cases, it also has the prima facie right of direct hearing which we have read above. But the jurisdiction of the High Court in the appellate jurisdiction is more extensive than its original jurisdiction.
(1) Civil cases – The jurisdiction of the High Court in this regard is as follows:
1. Orders and decisions of District Courts, Additional District Courts and other subordinate courts can be brought directly to the High Court for first appeal.
2. Second appeal against the orders and decisions of the District Courts and other subordinate courts, in which the question of law is not of facts,
3. Appeals against the decisions of administrative and other tribunals can be made before the Division Bench of the High Court. In 1997, the Supreme Court ruled that this tribunal was subject to the jurisdiction of the High Court. As a result, a person aggrieved against the decision of a Panchayat cannot directly approach the Supreme Court without first going to the High Court.
(2) Criminal cases – The appellate jurisdiction of the High Court in criminal matters is as follows:
1. An appeal can be made to the High Court against the decision of the Court of Session and the Court of Additional Sessions when a person has been convicted for more than seven years. Got punished more.
Remember here that the death sentence awarded by the Sessions Court or the Additional Sessions Court has to be confirmed by the High Court before proceeding. Irrespective of whether the person convicted has made an appeal or not.
2. In some cases of the Criminal Procedure Code, an appeal can be made to the High Court against the decision of the Assistant Sessions Judge, Municipal Magistrate or other Magistrate.
4. Supervisory Jurisdiction of High Court –
The High Court has the power to keep an eye on all the activities of all the Courts and Subsidiary Courts within the area of its jurisdiction. (except military courts and agencies).
Under this he –
1. He can get the cases from the lower courts to himself from there.
2. may formulate and issue general rules, and may prescribe forms for regulating its use and action.
3. Prescribe the form for the list of accounts etc. to be maintained by them.
4. Fixes the fees etc. of clerks, officers and lawyers.
The powers of the High Court in the matter of supervision are very broad because (1) it extends to all courts and adjudicators whether or not they are within the jurisdiction of the High Court of appeal, (2) it includes not only administrative supervision but also judicial supervision. (3) The High Court itself may take cognizance, the application by any of the parties is not necessary.
These powers of the High Court are not unlimited, but generally it is (1) Violation of jurisdiction (2) Gross violation of natural justice (3) Error of law (4) Disrespect to the law of higher courts or (5) Unreasonable finding and manifest injustice.
5. Control over Subordinate Court –
The High Court exercises control over the subordinate court not only under appellate jurisdiction or supervisory jurisdiction but also under administrative control. Because (1) the Governor consults the High Court for the appointment, posting and promotion of District Judges and the appointment of a person to the State Judicial Service.
(2) It also deals with the matters of State Judicial Service (other than District Judges), posting, transfer, discipline of members, sanction of leave, promotion etc.
(3) It can withdraw any matter pending in a subordinate court, which has important legal questions or requires interpretation of the Constitution. It can either dispose of the matter or return the matter to the court concerned with its decision.
(6) As all the courts of India are bound to obey the law declared by the Supreme Court, similarly the law of the High Court is bound to obey all the subordinate courts which come under its jurisdiction.
6. Court of Record –
This is discussed in Article 215 . Like the Supreme Court, the High Court also has two powers in the form of a court of record:
(1) The proceedings and decisions of the High Court are kept in the form of eternal record and evidence. The special thing is that these records cannot be questioned during the case going on in other courts. Rather it is used for guidance or in legal contexts.
(2) It has the power to give simple imprisonment or fine or both in contempt of court. It is punishable with imprisonment for a term which may extend to 6 years or with fine which may extend to 2000 rupees or with both.
What would be called contempt of court was not defined in the constitution, hence it has been defined in the Contempt of Court Act 1971 . Under this, the contravention can be of any kind, civil or criminal.
Civil contempt means willful non-compliance with any judgment, order, order or other process of a court. On the other hand, criminal contempt means the publication of any such case or the taking of any such proceeding which is intended to stigmatize or curtail the authority of the court, or prejudicial to or attempt to interfere with the judicial proceeding, or otherwise the administration of the judicial system. interrupt or interfere.
Although innocent publication and distribution of some cases, correct journalism of judicial proceedings, fair and just judicial criticism, action, reaction etc. is not a violation of the court.
As a Court of Record, a High Court has the power to review and rectify its own order or decision made in respect of any matter. Although no specific power has been conferred on it by the Constitution in this regard. On the other hand, the Supreme Court has been specifically empowered by the Constitution to review its decisions.
7. The power of judicial review –
The power of judicial review of the High Court is to examine the constitutionality of the Acts and Executive Orders of both the State Legislature and the Central Government. Under this, if any law or any provision is going to violate the constitution, then they can be declared unconstitutional and normal. As a result, the government cannot enforce them. Just like the Supreme Court.
The word judicial review is not used anywhere in the constitution but the provisions of review by the High Court are clear in Articles 13 and 226. Articles 13 and 226 are explained in the article on judicial review .
The constitutional validity of any legislative act or executive order in India can be challenged in the High Court on three grounds;
1. It violates the fundamental rights,
2. It is beyond the competence of the authority which created it, and
3. It is contrary to the constitutional provisions or damages the basic structure of the Constitution.
Jurisdiction of the High Court of India
|8. Himachal Pradesh||1971||Himachal Pradesh|
|11. Kerala||1958||Kerala and Lakshadweep|
|12. Madhya Pradesh||1956||Madhya Pradesh|
|13. Hyderabad||1954||Andhra Pradesh and Telangana|
|16. Guwahati||1948||Assam, Nagaland, Mizoram and Arunachal Pradesh|
|17. Jammu and Kashmir||1928||Jammu and Kashmir and Ladakh|
|18. Patna||1916||A state in Eastern India|
|20. Punjab and Haryana||1875||Punjab, Haryana and Chandigarh|
|21. Allahabad||1966||Uttar Pradesh|
|22. Bombay||1862||Maharashtra, Goa, Dadra and Nagar Haveli|
|23. Calcutta||1862||West Bengal and Andaman and Nicobar Islands|
|24. Madras||1982||Tamil Nadu and Puducherry|
High Court Jurisdiction
Overall this is the Jurisdictions of the High Court, hope it is understandable. Beyond this you should understand the Subordinate Courts .
न्यायपालिका: एक परिचय
उच्च न्यायालय: गठन, भूमिका, स्वतंत्रता
अधीनस्थ न्यायालय: अर्थ, संरचना, कार्यक्षेत्र आदि
लोक अदालत: कार्य, विशेषताएँ आदि
National Legal Services Authority: NALSA
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