Question

With reference to the jurisdiction of High Courts, write short notes on:

1. Revisory Jurisdiction of High Courts.
2. Its power to issue Writs.
3. Custodian of the Constitution.

Answer 1

1. Revisory Jurisdiction of High Courts:
   • Calling for Case Records: The High Court is empowered to call for the records of any case decided by a subordinate court if it believes that a serious miscarriage of justice has occurred.
   • Correcting Jurisdictional Errors: It checks whether a lower court has exercised a power it does not legally possess or failed to exercise a power it legally should have exercised.
   • Rectifying Illegalities: It can review, modify, or set aside the orders of any subordinate court if the lower court has committed a material irregularity or an illegality in its procedure.
2. Its Power to Issue Writs:
   • Constitutional Provision: Under Article 226 of the Constitution, the High Court possesses wide powers to issue writs to enforce Fundamental Rights and for other legal purposes.
   • Types of Writs: It can issue specific constitutional writs, including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
   • Broader Scope: The writ jurisdiction of the High Court is broader than that of the Supreme Court, as the High Court can issue writs not just for Fundamental Rights but also for ordinary legal rights.
3. Custodian of the Constitution:
   • Power of Judicial Review: The High Court acts as a sentinel and protector of the Constitution at the state level by examining the validity of laws passed by the State Legislature and orders issued by the Executive.
   • Declaring Laws Void: If any state legislative act or executive action is found to violate or contradict the provisions of the Constitution, the High Court can declare it unconstitutional and void.
   • Interpretation: It possesses the authority to interpret constitutional clauses when an intricate or substantial question of law arises in cases travelling upward from subordinate courts.