Jurisdiction And Powers Of The High Court In India

• • Original refers to the power of an HC to hear disputes in the first instance, not by way of appeal.
• It extends to the following:
• Disputes in Elections of members of parliament and state legislature.
• Revenue matters.
• Enforcement of Fundamental Rights of citizens.
• Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution.
• Four high courts (Calcutta, Bombay, Madras and Delhi High Courts): Original civil jurisdiction in cases of higher value.

• • Matters of admiralty, will, marriage, divorce, company laws and contempt of court.
• Narrower than SC.
• Note: Before 1973, the Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction, abolished by CrPC, 1973.

• Wider than SC: for both FR + other legal rights. SC can issue writs only for FR and not “for any other purpose”.
• High courts in India can issue writs not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
• Writ jurisdiction of the HC (Art.226) is not exclusive but concurrent with the writ jurisdiction of the SC (Art.32).
• SC in Chandra Kumar Case (1997): Writ jurisdiction of both the HC and SC constitute a part of the basic structure.

• Both civil + criminal matters.
• hears appeals against the judgments of subordinate courts functioning in its territorial jurisdiction.

Civil Matters:

• First Appeal:  Can be on both questions of law or fact, if the amount exceeds the stipulated limit.
• Second Appeal: In the cases involving questions of law only.
• The Calcutta, Bombay and Madras High Courts in India have provision for intra-court appeals.
• Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court.

• The appellate jurisdiction of a high court in India is wider than its original jurisdiction.

Criminal Matters

• If the sentence is one of imprisonment for more than seven years.
• the death sentence awarded by a sessions court/additional sessions court should be confirmed by the high court before it can be executed, 
• Criminal Procedure Code (1973), the appeals from the judgments of the assistant sessions judge, metropolitan magistrate or other magistrates (judicial) lie to the high court in India.

(Article 215)

• Judgment, Proceedings and Acts of HC are recorded for:
• Evidentiary value – Perpetual memory and testimony.
• Cannot be questioned by any court.
• Recognised as legal precedents and references.

• As a court of record, the HC has the power to review and correct its own judgment, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the Constitution.[UPSC 2021]
• As a court of record, it has power to punish for contempt of court, either with simple imprisonment or with fine or with both.

• Expression ‘contempt of court’ has not been defined by the Constitution. [UPSC 2022]
• It is defined in the Contempt of Court Act of 1971.
• Civil Contempt: Willful disobedience to any judgment, order, writ or other process of court or willful breach of an undertaking given to a court
• Criminal Contempt: Publication of any matter or doing an act which scandalizes or lowers the authority of court; prejudices or interferes with the due course of judicial proceedings, Interferes or obstructs the administration of justice in any other manner.
• Actions Not Constituting Contempt of Court: Innocent publication and distribution of some matter + fair and accurate report of judicial proceedings + fair and reasonable criticism of judicial acts + comment on administrative side.

• Superintendence over all other courts, tribunals in state (except military court or tribunal).
• Covers: Both administrative and judicial superintendence.
• It is a Revisional Jurisdiction.
• It can be suo-motu (on its own) and not necessarily on the application of a party.
• Only used in extraordinary cases and limited to: Excess of jurisdiction, gross violation of natural justice, error of law, disregard to law of superior court, perverse findings and manifest injustice.

(Article 227)

• Consulted by the Governor: In the matters of appointment, posting and promotion of district judges and in the appointment of persons to the judicial service of the state.
• Deals with: Posting, promotion etc. of judicial service of state (other than district judges).
• Withdrawal of Cases From Subordinate Courts: Withdraw case pending in a subordinate court if it involves a substantial question of law that requires interpretation of constitution.
• Binding Precedent: Its law is binding on all subordinate courts in its jurisdiction.

• Phrase “judicial review” has nowhere been mentioned in the Constitution.
• To examine constitutionality of legislation and executive orders of both state and central government if it: 
  • Infringes fundamental rights.
  • Outside the competence of the authority which has framed it.
  • Repugnant to constitutional provisions.
• Constitutional Provisions: Art.13, 32, 131-136, 143, 226, 246, 256 etc. provide for Judicial review. 
• Provisions of Art.13 and 226 explicitly confer the power of judicial review on a high court in India.

• Maharashtra, Goa, Dadra and Nagar Haveli, Daman and Diu

• Assam, Nagaland, Mizoram and Arunachal Pradesh

• Punjab, Haryana, Chandigarh

• West Bengal, Andaman and Nicobar Islands

• Tamil Nadu, Puducherry

• Kerala, Lakshadweep