POWER OF HIGH COURTS IN INDIA

 

POWER OF HIGH COURTS IN INDIA



We all are very aware of the fact that High Court is regarded the highest court in every State in India. The two Articles, 214 to 231 of the Indian Constitution deal with provisions which are concerned about the High Court. These Articles talk about their organisation and their powers. These are the parts of an integrated and unified judicial system below the Apex Court of the country. It can be said that each High Court is a creation of the Indian Constitution and as such it functions in accordance with the Indian Constitution.

The Parliament of India can also provide for the establishment of one High Court for two or more states. Currently, there are about 25 High Courts in the country, with some states even having a common High Court. For example, states like Haryana, Punjab and the Union Territory of Chandigarh have a common High Court. Also, The North-eastern states also have one common High Court. Additionally, the state Tamil Nadu shares a High Court with the state Puducherry. We must mind that each High Court enjoys full autonomy of working. These are under the administrative control of the Supreme Court of the country but these courts enjoy full freedom when it comes to administering justice. High Courts of this country have been effectively playing their role in protecting the Fundamental Rights of the citizens and the Constitution from unnecessary restrictions of the government.

The Constitution of India has not made any clear and detailed description regarding the powers and functions of the High Court as it has done in the case of powers and functions of the Supreme Court. The Constitution of India in this regard states that the Jurisdiction of the High Court shall be the same as it has been immediately before the commencement of the Constitution, while being subject to the provisions of the constitution and the laws made by the appropriate legislative body.

Let us now divide the powers and functions of the High Courts:

Original Jurisdiction:

Original jurisdiction is the type of jurisdiction in relation to a High Court that refers to the authority of any high court to observe and decide the cases presented before the high court for the first time. All the matters which relate to the revenues are included in the premises of the concept of original jurisdiction of the High court.

Aside from that, the civil and criminal cases should also belong to the original jurisdiction of a high court. However, it should be noted in this regard that the original criminal jurisdiction of the High Courts had already been abolished by the Criminal Procedure code, 1973. Only The High Courts of the three States which are States of Bombay, Calcutta and Madras possess the original jurisdictions both in civil and criminal cases arising within these States. These High Courts are authorized to hear and decide a civil case which involve properties having the value of Rupees 20,000 or more. This is an exclusive power which is enjoyed by these three High Courts.

Original Jurisdiction regarding Fundamental Right:

The High Courts have the power to issue writs for the reason of enforcing the fundamental rights as provided under the Indian Constitution.

Original Jurisdiction in respect of some other Cases:

All High Courts of each State possess original jurisdiction in cases regarding divorce, will, admiralty and also contempt of court.

Appellate Jurisdiction:

Appellate jurisdiction is the type of jurisdiction which in relation to High Court refers to the power of the High Court regarding reviewing the decisions or judgements given by the Lower Courts. The High Court is considered the highest court of appeal in every state. It has the appellate jurisdiction in civil and criminal cases:

a. While dealing with civil cases, appeals can be made to the High Court against the decisions of the District Judges and the Subordinate Judges made in any civil case.

b. Also, when any court which is subordinate to the High Court decides an appeal from the decision which has been made by an inferior court, a second appeal can be made to the High Court but such appeal can only be made on question of law and procedure.

c. Besides, appeal from the decision of a single Judge of the High Court itself also lies to the High Court. In criminal cases appeals against the decisions of :

A Sessions Judge or an Additional Sessions Judge, where the sentence is of imprisonment exceeding 7 years; or

Assistant Sessions Judge, Metropolitan Magistrate or other Judicial Magistrates in certain specified cases other than ‘petty’ cases can be made to the High Court.

(a) Appellate Jurisdiction in Civil Cases:

In a civil case appeal to the High Court can be made against the decision of a district court. An appeal can also be made from the subordinate court directly, provided the dispute involves a value higher than Rs. 5000/- or on a question of fact or law.

(b) Jurisdiction in Criminal Cases:

An appeal to the High Court lies in case a Sessions Court has awarded the punishment of four years or more. All cases involving capital punishment awarded by the Session Court come to High Court as appeals. A death sentence awarded to a criminal by a Session Court can be carried out only if the High Court upholds the decision. Any case involving an issue of interpretation of the Constitution can go to the High Court as an appeal.

High Court as the Court of Record:

High Courts, like the Supreme Court of India, are also Courts of Records. The records of all their judgements can be the basis for deciding cases by the subordinate courts. Each High Court has the power to punish all cases of its contempt by any person or institution.

Powers of issuing Directions, Order or Writs:

he High Court has been empowered to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’. The Supreme Court can issue the writs only for the enforcement of fundamental rights and not for other purposes. The power of the High Court to issue writs in the nature of habeas corpus cannot be curtailed even during emergency.

Power of Certification:

In most of the cases decided by a High Court, an appeal can go to the Supreme Court only when it is certified by the High Court that such an appeal can be made.

Judging the validity of laws:

In the original Constitution the High Courts were given powers of judging the validity of the Central and the State laws. But the 42nd Amendment of the Constitution took away the powers of the High Courts to determine the validity of the central laws and put various conditions on their powers of judging the validity of the State laws. However, the 43rd Constitutional (Amendment) Act, 1978 has restored these powers to the High Courts.

Powers of superintendence:

Every High Court has a general power of superintendence over all the lower courts and tribunals within its jurisdiction except military courts and tribunals. By virtue of this power the High Court can call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and prescribe forms in which books, entries and accounts shall be kept by the officers of any such court.

Powers of taking up cases:

If a case is pending before a sub-ordinate court and the High Court is satisfied that it involves a substantial question of the constitutional law, it can take up the case and decide it itself.

Control over sub-ordinate courts:

The High Court can control the subordinate courts in the State. It is to be consulted by the Governor in the matter of appointing, posting and promoting district judges. The High Court plays an important role in the appointment, promotion, etc. of the staff of the subordinate courts including the District Court

Other powers:

·      Besides the above powers, the High Court performs some other functions:

·      It has the power to punish for contempt of itself.

·      The High Court can frame the required rules to carry out its judicial functions.

·      Each High Court has the power to appoint its administration staff and determine their salaries, allowances and other conditions of service.

·      The appointment, promotion and posting of the district judges is made by the Governor in consultation with the High Courts.

References:

 

Websites-

 

·      iPleaders Blog ( https://blog.ipleaders.in/ )

 

·      Legal Service India (  https://www.legalserviceindia.com/ )

 

·      Indian Kanoon ( https://indiankanoon.org/ )

 

Books-

 

·      ‘Administrative Law’ By Dr. J. J. R. Upahyaya.

 

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