Understanding the Jurisdiction and Powers of High Courts in India

High Courts in India are crucial to the country’s judicial system, serving as the highest courts of appeal at the state level. They possess extensive powers, including original and appellate jurisdiction, writ jurisdiction, and supervisory authority over subordinate courts. The Constitution of India endows these courts with the responsibility of safeguarding fundamental rights and ensuring justice, making their independence essential for the effective functioning of the judiciary.

Jurisdiction and Powers of High Courts: An Overview

Overview of High Courts

• Powers of High Courts: Similar to the Supreme Court, the Constitution also vests High Courts with extensive and effective powers. 
• Highest Court of Appeal: It is said to be  the highest court of appeal in the state. 
  • For its citizens, it is said to  be the protector of Fundamental Rights. 
• Constitutional Interpretation: It also has the power to interpret the Constitution. Besides, it also  has supervisory and consultative roles. 
• Lack of Detailed Provisions: The Constitution does not contain detailed provisions regarding the jurisdiction and powers of a High Court.
  • Historical Jurisdiction: For the jurisdiction and powers of a High Court  it is found to be the same as it was before the commencement of the Constitution. 
  • Addition of Revenue Jurisdiction: But, with a few additions, the Constitution gives a High Court jurisdiction over revenue matters, which was not prevalent in the pre-Constitution era.
• Additional Powers of High Courts: The Constitution confers additional powers on a High Court like writ jurisdiction, power of superintendence, consultative power, etc. 
• Legislative Authority to Change Jurisdiction: However, it empowers the Parliament and the state legislature to change the jurisdiction and powers of a High Court.
• Current Jurisdiction and Powers of High Courts: At present, a High Court enjoys the following jurisdiction and powers: 

• Original jurisdiction
• Writ jurisdiction
• Appellate jurisdiction 
• Supervisory jurisdiction
• Control over subordinate courts 
• A court of record 
• Power of judicial review 

• Governing Framework for High Court Jurisdiction and Powers: The present jurisdiction and powers of a High Court are governed by:
  • Constitutional provisions
  • Letters Patent
  • Acts of Parliament
  • Acts of State Legislature
  • Indian Penal Code, 1860
  • Criminal Procedure Code, 1973
  • Civil Procedure Code, 1908

Original Jurisdiction

• • Article 225: it confers the power of a High Court to hear disputes in the first instance, and not by way of appeal.
• It extends to the given  following matters: 
• Matters of admiralty
• Contempt of court
• Regarding election disputes  of the  members of Parliament and state legislatures. 
• Regarding revenue matters 
• Enforcement of fundamental rights of citizens. 
• • Cases transferred from a subordinate court which involves the interpretation of the Constitution.
• Original Civil Jurisdiction of High Courts: The  High courts such as  Calcutta, Bombay, Madras and Delhi High Courts have original civil jurisdiction in cases of higher value. 
• Abolition of Original Criminal Jurisdiction: The Criminal Procedure Code, 1973 abolished the powers of  original criminal jurisdiction vested in the Calcutta, Bombay and Madras High Courts.

Writ Jurisdiction

• Writ Power of the High Court: As per Article 226 of the Constitution, the High Court  is empowered to issue writs which  include habeas corpus, mandamus, certiorari, prohibition and quo-warranto for not only enforcement of the fundamental rights of the citizens but also for  any other purpose. 
• Scope of Writs Issued by the High Court: The phrase ‘for any other purpose’ denotes the enforcement of an ordinary legal right. 
  • At the same time, it also issues writs to any person, authority and government within and outside its territorial jurisdiction. 
• Concurrent Writ Jurisdiction: The writ jurisdiction of the High Court is not exclusive but concurrent with the writ jurisdiction of the Supreme Court.
• Options for Aggrieved Parties: It means that when the Fundamental Rights of a citizen are violated, the aggrieved party has the option of moving either the High Court or the Supreme Court directly. 
• Wider Jurisdiction of the High Court: However, the writ jurisdiction of the High Court is wider than that of the Supreme Court because the Supreme Court can issue writs only for the enforcement of fundamental rights, i.e., it does not extend to a case where the breach of an ordinary legal right is alleged. 
• Comparison of High Court and Supreme Court Writ Jurisdiction: The High Court Jurisdiction is wider than the Supreme Court can be seen from the following factors in the table:

• Judicial Precedent: L. Chandra Kumar Case (1997): During the L. Chandra Kumar case (1997), the Supreme Court held  that the writ jurisdiction of both the High Court and the Supreme Court constitutes a part of the basic structure of the Constitution. 
  • Therefore, it cannot be ousted or excluded by way of an amendment to the Constitution. 

Appellate Jurisdiction 

• High Court as a Court of Appeal: The  High Court is primarily a court of appeal because it hears appeals against the judgments of subordinate courts functioning in its territorial jurisdiction. 
• Appellate Jurisdiction in Civil and Criminal Matters: It has appellate jurisdiction in both civil and criminal matters.
• Comparison of Appellate and Original Jurisdiction: Therefore we can say that  the appellate jurisdiction of a High Court is wider than its original jurisdiction.

Civil Matters

•  Civil Appellate Jurisdiction: The civil appellate jurisdiction of a High Court is as follows:

• • First Appeals: From the orders and judgements of the district courts, additional district courts and other subordinate courts lie directly to the High Court 
    • on both questions of law and fact if the amount exceeds the stipulated limit. 
  • Second Appeals: From the orders and judgements of the district court or other subordinate courts lie to the High Court 
    • In the cases involving questions of law only and not questions of fact.
  • Intra-Court Appeals: The Calcutta, Bombay and Madras High Courts have provision for intra-court appeals. 
  • Appeals from Single Judge Decisions: If a case has been decided by a single judge of the High Court under the original or appellate jurisdiction of the High Court then an appeal from such a decision lies to the division bench of the same High Court.
  • Appeals from Administrative and Other Tribunals: Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state High Court. 
• Supreme Court Ruling on Tribunal Decisions: The Supreme Court in 1997 ruled that the tribunals are subject to the writ jurisdiction of the High Court s. 
  • At the same time, it is not possible for an aggrieved person to approach the Supreme Court directly against the decisions of the tribunals without first going to the High Courts. 

Criminal Matters

• Criminal Appellate Jurisdiction Overview: The criminal appellate jurisdiction of a High Court is as follows:

• • Appeals from Sessions Courts: If the imprisonment sentence is more than seven years then the appeals from the judgments of sessions court and additional sessions court lie to the High Court .
  • Confirmation of Capital Punishment: Capital punishment  awarded by a sessions court or an additional sessions court should be confirmed by the High Court before it can be executed, whether there is an appeal by the convicted person or not. 
  • Appeals from Magistrates: As per the Criminal Procedure Code (1973), the appeals from the judgements of the assistant sessions judge, metropolitan magistrate or other magistrates lie to the High Court.

Supervisory Jurisdiction

• Power of Superintendence Overview: As per Article 227, the  High Court has power of superintendence over all other subordinate courts and tribunals functioning in its territorial jurisdiction except military courts or tribunals. 
• Thus, it may– 

• Authority to Call for Returns: Call for returns from such courts
• Rule-Making and Regulation: Make and issue general rules and prescribe forms for regulating the practices and proceedings of such courts
• Bookkeeping and Record-Keeping Standards: prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.
• Fee Settlements for Court Officials: Settle the fees payable to the sheriff, clerks, officers and legal practitioners of them. 

• Scope of Superintendence Power: This power of superintendence of a High Court is very broad because,
  • Extends to all courts and tribunals although subjected to the appellate jurisdiction or not
  • Covers administrative superintendence as well as judicial superintendence
  • It acts  a revisional jurisdiction
  • It can be suo-motu and not necessarily on the application of a party.
• Limitations of Superintendence Power: However, this power does not give the High Court any unlimited authority over the subordinate courts and tribunals. Although it seems to be an extraordinary power, it has to be used most sparingly and only in appropriate cases. Usually, it is limited to, 

• Excess of jurisdiction
• Gross violation of natural justice
• Error of law
• Disregard to the law of superior courts
• Perverse findings, 
• Manifest injustice

Control over Subordinate Courts 

• Control Over District Courts and Subordinate Courts: As per Article 235, the High Court has control over district courts and subordinate courts. 
  • In addition to Appellate and supervisory jurisdiction over the Subordinate courts as mentioned above, the  High Court  also has administrative control and several other powers over them. 
• These includes the following: 
• Consultation by the Governor: in the matters of appointment, posting and promotion of district judges.
• Appointments to the Judicial Service: Appointments of persons to the judicial service of the state other than district judges. 
• Administrative Control Over Judicial Service Members: Deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial service of the state other than district judges. 
• Withdrawal of Cases: Withdraws a case pending in a subordinate court if it involves a substantial question of law
  • If it requires the interpretation of the Constitution or either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgement. 
• Binding Nature of High Court Judgments: Laws declared by High Courts are binding on all subordinate courts functioning within its territorial jurisdiction in the same sense as the law declared by the Supreme Court is binding on all courts in India. 

A Court of Record

• Powers of the High Court as a Court of Record: As per Article 215, every High Court has the  following powers with respect to  Court of Record

• • Recording of Judgments and Proceedings: The judgements, proceedings and acts of the High Court which are recorded for perpetual memory and testimony and may be admitted as evidentiary value and cannot be questioned when produced before any court.
  • Legal Precedent and Reference: It is also recognised as a legal precedent and legal reference
• Contempt of Court Authority: It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with both. 
• Power of Review and Correction: The High Court also has the power to review and correct its own judgement or order or decision, even though the Constitution does not confer any specific power of review. 
  • But,on the other hand, the Supreme Court has specifically conferred with the power of review by the Constitution.

Power of Judicial Review 

• Definition of Judicial Review: This term denotes the power of the High Court to examine the constitutionality of legislative enactments and executive orders of not only the Central but also state governments. 
  • If it is found that the law in question violates the Constitution (ultra-vires) then it can be declared as illegal, unconstitutional and invalid by the High Court. 
  • Consequently, they cannot be enforced by the Government.
• Judicial Review in the Constitution: The phrase ‘judicial review’ has nowhere been used in the Constitution, but with provisions such as  Article 13 and 226 it explicitly confers the power of judicial review for a High Court.
• Grounds for Challenging Constitutional Validity: The constitutional validity of any act or an executive order can be challenged in a High Court from the following three grounds:
• It infringes the fundamental rights (Part III),
• It is outside the competence of the authority, 
• It is repugnant to the constitutional provisions. 
• 42nd and 43rd Amendment Act: However, the 42nd Amendment Act of 1976 curtailed the power of the High Court. 
  1. It debarred the High Court from considering the constitutional validity of any central law. 
  2. But later, the 43rd Amendment Act of 1977 restored the original position.

Other Powers

• Transfer of Certain Cases to High Court: As per Article 228, the High Court is empowered to withdraw a case that is pending in a subordinate court which involves a substantial question of law or required constitutional interpretation.
• Officers and Servants and the Expenses of the High Court: As per Article 229, the Chief Justice of the High Court has the freedom to appoint the officers and servants of the High Court without any executive interference. 
  • The Chief Justice is also empowered to prescribe their condition of services.

Conclusion

The High Court’s multifaceted jurisdiction and powers are vital for upholding the rule of law and protecting citizens’ rights. 

• Through their ability to review laws, supervise lower courts, and interpret the Constitution, High Courts play a key role in maintaining judicial integrity and accountability. 
• As guardians of justice, they ensure that the legal system operates fairly and transparently for all.

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