Powers and Functions of the High Court
Powers and Functions of the High Court in India
1. Introduction
The High Courts are the principal civil courts of original jurisdiction in each state and union territory. Established under Article 214 of the Indian Constitution, each High Court exercises wide-ranging powers both as a court of record and as a supervisory authority over subordinate courts.
2. Constitutional Provisions Governing High Courts
Article 214: Establishes High Courts for states.
Article 215: High Courts are courts of record.
Article 226: Power to issue writs for enforcement of Fundamental Rights and other legal rights.
Article 227: Supervisory jurisdiction over all courts and tribunals within the state.
Article 233 to 237: Powers related to appointment, control, and transfer of subordinate judiciary.
3. Powers of the High Court
A. Original Jurisdiction
Civil and criminal matters in certain cases.
In some states, High Courts have original jurisdiction in civil suits of certain value or in important criminal cases.
B. Appellate Jurisdiction
Hears appeals from subordinate courts (District Courts, Sessions Courts).
Appeals from tribunals and administrative bodies.
C. Writ Jurisdiction (Article 226)
Power to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Protects Fundamental Rights and other legal rights.
Writ jurisdiction is broader than the Supreme Court’s writ jurisdiction (Article 32).
D. Supervisory Jurisdiction (Article 227)
Supervises all courts and tribunals within its territorial jurisdiction.
Ensures proper administration of justice.
Can call for records, inspect subordinate courts, and correct errors.
E. Contempt of Court
Has the power to punish for contempt of itself to maintain the dignity of the court.
F. Administrative Powers
Control over subordinate judiciary: appointment recommendations, transfers, and disciplinary actions.
Supervises subordinate courts and ensures smooth judicial administration.
G. Advisory Jurisdiction
In some states, High Courts may give advisory opinions to the Governor on legal matters.
4. Functions of the High Court
Dispensing Justice: Resolves civil, criminal, constitutional, and administrative disputes.
Protector of Fundamental Rights: Through writ jurisdiction.
Guardian of Constitution: Ensures that laws and actions are constitutional.
Supervision of Subordinate Judiciary: Maintains judicial discipline and efficiency.
Rule-making: High Courts have the power to make rules for the practice and procedure of their own courts and subordinate courts.
Judicial Review: Reviews the constitutionality of laws and executive actions.
5. Important Case Laws
1. State of Rajasthan v. Union of India (1977)
Reaffirmed the High Court's power under Article 226 to issue writs for the enforcement of Fundamental Rights and other legal rights.
Held that the power is discretionary and judicial but wide-ranging.
2. In Re: Berubari Union Case (1960)
Discussed the advisory jurisdiction of the High Court and Supreme Court on questions of law and constitutional interpretation.
3. K.K. Verma v. Union of India (1979)
Emphasized the High Court’s supervisory jurisdiction under Article 227 as vital to proper administration of justice.
4. Rajasthan High Court Bar Association v. Union of India (2021)
Demonstrated the power of the High Court to ensure the independence of judiciary and to act as a check on executive overreach.
5. State of Haryana v. Bhajan Lal (1992)
Although primarily a Supreme Court judgment, it reflects the role of High Courts in safeguarding against arbitrary use of power, ensuring fair procedure in criminal prosecutions.
6. Summary Table
| Power / Function | Description |
|---|---|
| Original Jurisdiction | Civil and criminal cases in certain matters |
| Appellate Jurisdiction | Appeals from subordinate courts and tribunals |
| Writ Jurisdiction | Issue writs for enforcement of rights under Article 226 |
| Supervisory Jurisdiction | Over subordinate courts and tribunals under Article 227 |
| Contempt Powers | Punish for contempt to uphold dignity of the court |
| Administrative Powers | Control over subordinate judiciary, appointments, transfers |
| Advisory Jurisdiction | Advise Governor on legal questions (in some states) |
| Judicial Review | Review constitutionality of laws and executive actions |
7. Conclusion
The High Courts in India are the pillar of the judiciary at the state level. Their powers are wide and varied, ensuring not only the administration of justice but also the protection of constitutional and fundamental rights. They act as a bridge between the Supreme Court and lower courts, and their supervisory and writ jurisdiction plays a critical role in maintaining the rule of law and democratic governance.
Cases involving the enforcement of fundamental rights.
Cases relating to the interpretation of the constitution or laws.
2. Appellate Jurisdiction
The High Court hears appeals from lower courts (district courts, sessions courts).
It reviews the decisions of these courts to ensure justice is served.
It can confirm, reverse, or modify the lower court’s decisions.
3. Writ Jurisdiction (Constitutional Function)
Under Article 226 (in India), the High Court has the power to issue writs to enforce fundamental rights and for any other purpose.
Types of writs include:
Habeas Corpus: To release a person unlawfully detained.
Mandamus: To command a public authority to perform its duty.
Prohibition: To stop a lower court or authority from exceeding its jurisdiction.
Certiorari: To quash an order passed by a lower court or authority.
Quo Warranto: To challenge a person’s right to hold a public office.
4. Supervisory Jurisdiction
The High Court supervises and controls all lower courts within its territorial jurisdiction.
It can call for records of cases, ensure the lower courts are functioning properly, and provide guidance.
5. Contempt of Court
The High Court has the authority to punish for contempt of court to maintain its dignity and ensure proper administration of justice.
6. Administrative Powers
The High Court has administrative control over subordinate courts and judicial officers.
It appoints, transfers, suspends, or takes disciplinary action against judges and other court officials in its jurisdiction (subject to rules and higher authority).
7. Advisory Jurisdiction
In some jurisdictions, the High Court can give advisory opinions on legal questions referred to it by the government.
8. Revenue Jurisdiction
The High Court can hear appeals and disputes concerning revenue matters in its jurisdiction.
9. Other Functions
Supervising elections and ensuring free and fair conduct (in some countries).
Acting as a court of record, preserving records of all proceedings.
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