Question

Discuss the jurisdiction of a High Court in India.

Answer 1

Jurisdiction of a High Court in India:

• Original Jurisdiction: High Courts can hear civil and criminal cases directly in certain matters. Notably, the High Courts of Bombay, Calcutta, and Madras retain broader original jurisdiction due to historical precedence. All High Courts have original jurisdiction in cases concerning the enforcement of Fundamental Rights under Article 226 of the Constitution. They also deal with issues like divorce, admiralty, and contempt of court.
• Appellate Jurisdiction: High Courts hear appeals from lower courts in both civil and criminal cases. They must confirm any death sentence passed by subordinate courts before it is carried out, and they also handle appeals in significant legal matters.
• Writ Jurisdiction (Article 226): High Courts can issue writs (like Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto) for the enforcement of Fundamental Rights and other legal rights. This power is wider than that of the Supreme Court, as it covers both legal and constitutional rights.
• Supervisory Jurisdiction (Article 227): High Courts supervise and control all lower courts and tribunals within their territory. They ensure proper functioning of the subordinate judiciary and may call for records or issue directions.
• Administrative Jurisdiction: High Courts supervise and control all subordinate courts in their jurisdiction. This includes rule framing, case transfers, record inspections, and oversight of staff appointments.