Jurisdiction and Powers of the High Court (India) Explained!

By Pragati Ghosh

The High Court of a State enjoys certain jurisdictions throughout the State.
The Parliament may make a provision for a common High Court for two or
more States or extend the jurisdiction of a High Court to one or more Union
Territories.

The jurisdiction of Calcutta High Court extends to the Andaman and Nicobar
Islands and the Kerala High Court has jurisdiction over Laccadive, Minicoy and
Amindivi Islands.

Haryana and Punjab have a common High Court at Chandigarh. The

Constitution does not attempt a detailed classification of different types of
jurisdiction of the High Courts as it has done in case of the Supreme Court.

This is mainly because of the fact that during the time of the framing of the
Constitution, most of the High Courts in British governed provinces were
functioning well.

Thus the jurisdiction and powers of the High Courts remained mutatis
mutandis the same as under the Government of India Act, 1935.
Jurisdictions

The following are the jurisdictions and powers which the High Courts enjoy all
over the country.
1. Original jurisdiction:

The Constitution of India does not give a detailed description of the original
jurisdiction of the High Court. It is accepted that the original jurisdiction of a

High Court is exercised by issue of Writs to any person or authority including

Government.

Article 226 of the Constitution vests in the High Court the power to issue writs
for the restoration of fundamental rights. It reads, Notwithstanding anything
in Article 32, every High Court shall have power, throughout the territories in
relation to which it exercises jurisdiction, to issue to any person or authority,
including in appropriate cases any Government, within those territories
directions, orders or writs including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any of them for the
enforcement of any of the rights conferred by part III and for any other
purpose.

This power of the High Court does not derogate the similar power conferred
on the Supreme Court in Article 32 of the Constitution.

The original jurisdiction of the High Courts also extends to the matters of
admiralty, probate, matrimonial and contempt of Court cases. The High
Courts have also full powers to make rules to regulate their business in
relation to the administration of justice. It can punish for its own contempt.
2. Appellate Jurisdiction

The appellate jurisdiction of High Court extends to both civil and criminal
cases. In civil cases, its jurisdiction extends to cases tried by Courts of
Munsifs and District judges. In the criminal cases it extends to cases decided
by Sessions and Additional Sessions Judges.

Thus, the jurisdiction of the High Court extends to all cases under the State or
federal laws.

Its jurisdiction can be enlarged by the Parliament and the State Legislature.
The Parliament exercises exclusive power to make laws touching the
jurisdiction and power of all Courts with respect to the subjects on which it is
competent to legislate. It can also legislate on subjects enumerated in the
Concurrent List.

Likewise a State Legislature has power to make laws touching the

jurisdictions and powers of all Courts within the Stare with respect to all
subjects enumerated in the State List and the Concurrent List. But as regards
the subjects in the Concurrent List the Union law prevails in case of conflict.
Powers
Power of Superintendence:

A High Court has also the power of superintendence over all Courts and
Tribunals except those dealing with the armed forces functioning in the State.
In exercise of this power it may:-

(i) Call for return from such Courts.

(ii) May issue general rules and prescribe forms for regulating the practice
and proceedings of such Courts, and

(iii) Prescribe forms in which books and accounts are being kept by the
Officers of any Court.

This power has made the High Court responsible for the entire administration
of Justice in the State. It is both judicial as well as administrative in nature.
The Constitution does not place any restriction on its power of
superintendence over the subordinate Courts. It may be noted the Supreme
Court has no similar power vis-a-vis the High Court.
Power of Transfer of Cases to High Court:

If the High Court is satisfied that a case pending in a Court subordinate to it

involves a substantial question of law as to the interpretation of the
Constitution the determination of which is necessary for the disposal of the
case, it shall withdraw the case and may :-

(a) Either dispose of it. Or

(b) Determine the said question of law and return the case to the

Court from whom it had been withdrawn together with a copy of its judgment
on such question and the said Court shall on receipt thereof proceed to
dispose of the case in conformity with such judgment.

By vesting these powers in the High Court the framers of our Constitution
have safeguarded the possible multiplicity of constitutional interpretation at
the level of subordinate Court.

The High Court has also got ample powers to call for the records of any case
from any subordinate Court to satisfy itself about the correctness and legality
of the orders passed by the subordinate Courts.

The High Court may either be moved by any interested party to exercise its
power of revision. Even without being so moved, it can suo moto call for
records and pass necessary order.
Control over its Officers and Employees:

The High Court has complete control over its officers and employees.
Appointments of officers and servants are to be made by the Chief Justice or
such other Judge or Officer of the High Court as the Chief Justice may direct.

However, the Governor of the State may by rule require that in such cases as
may be specified in the rule no person not already attached to the Court shall
be appointed to any office connected with the Court except after consultation
with the State Public Service Commission.

Subject to any of the Act of the State Legislature, the conditions of service of
those officers and servants of the High Court are to be such as may be

prescribed by rules made by the Chief Justice of the High Court or by some
other Judge or Officer of the High Court authorised by the Chief Justice to be
make such rules.

The power of appointment also includes powers to suspend or dismiss. The

administrative expenses of the High Court, including all salaries, allowances
and pensions payable to its officers, are charged upon the Consolidated Fund
of the State

Finally, a High Court is also a Court of Record. Its decision will be binding on
its subordinate Courts. Its proceedings and decisions have evidential value
and they cannot be questioned by the subordinate Courts. Further, it can
punish for contempt of itself.

Some High Courts exercise jurisdiction over the Union territories. To make the
exercise of this jurisdiction effective, the restrictions are imposed on the
power of the State Legislatures to make law with respect to that jurisdiction.
When a High Court exercises jurisdiction in relation to a Union territory, the
Legislature of that State has no power to increase, restrict or abolish that
jurisdiction of the High Court.