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Sep 184 min read

Powers And Functions Of The High Court

In India, A State's High Court Is The Highest. The Indian Constitution's Articles 214 To 231 Discuss The Structure And Authority Of The High Courts. The Creation Of A Single High Court Serving Two Or More States May Likewise Be Authorized By The Parliament.

For Example, The Union Territory Of Chandigarh, Punjab, And Haryana All Have The Same High Court. Additionally, The States In The Northeast Share A Single High Court. Furthermore, Puducherry And Tamil Nadu Share A High Court. There Are 25 High Courts In India At The Moment. See This Article For A List Of Indian High Courts. The Indian High Courts Act Of 1861 Established The High Courts In Calcutta, Madras, And Bombay.


What Roles Does The High Court Play?


The Section Below Provides A Description Of The High Court's Duties, Broken Down Into Subsections That Cover Things Like Its Role, Powers, And Jurisdiction.


High Court Authority


Below Is A Basic Summary Of The Several Types Of Jurisdiction That The High Court Has:

  • Initial Authority: Original Jurisdiction Over Criminal And Civil Cases Originating In These Cities Rests With The High Courts Of Calcutta, Bombay, And Madras. These High Courts Have The Unique Privilege Of Hearing Civil Cases Involving Property Valued At More Than Rs. 20,000. About Fundamental Rights: They Have The Authority To Grant Writs To Uphold These Rights. Regarding Other Matters: Wills, Divorces, Contempt Of Court, And Admiralty Issues Fall Under The Original Jurisdiction Of All High Courts. The High Courts Have The Authority To Consider Election Petitions.

  • Appellate Authority: In Civil Proceedings, A District Court's Ruling May Be Appealed To The High Court. An Appeal May Also Be Taken Straight From The Subordinate Court In Cases Where The Disagreement Concerns A Factual Or Legal Issue, Or If The Amount In Question Exceeds Rs. 5000. It Covers Cases Decided By Sessions And Additional Sessions Judges In Criminal Trials. If The Sessions Judge Has Imposed A Sentence Of At Least Seven Years In Jail. If The Death Penalty Was Imposed By The Session's Judge. All Cases Governed By Federal Or State Laws Fall Under The High Court's Jurisdiction. If The High Court Certifies That A Matter Poses A Serious Point Of Law In Constitutional Cases.


High Court Power 


In Addition To The Aforementioned, The High Courts Have Additional Duties And Authority, Which Are Listed Below.

  • Similar To The Supreme Court, High Courts Function As Courts Of Record. Subordinate Courts May Consult The High Courts' Judgment Records To Make Decisions In Certain Instances. Any Individual Or Organization Found In Contempt By Any High Court May Be Punished.

  • Executive Authority: All Lower Courts Are Under Its Supervision And Authority. It Has The Authority To Request Lower Courts' Case Details. It Publishes Guidelines For How The Lower Courts Are To Operate. Any Case Can Be Moved From One Court To Another, Or It Can Move The Case To Itself And Make A Decision On It. It Has The Authority To Investigate Any Subordinate Court's Records Or Related Materials. It Has The Authority To Choose The Administrators Who Work For It, As Well As Set Their Pay, Benefits, And Terms Of Employment.

  • Judicial Review Authority: High Courts Are Capable Of Conducting Judicial Reviews. If It Is Determined That A Legislation Or Ordinance Violates The Indian Constitution, They Have The Authority To Declare It Unconstitutional.

  • Authority Of Certification: The Only Body That Can Certify Matters Appropriate For Supreme Court Appeal Is The High Court.


High Court Independence


The Following Arguments Can Support The High Courts' Independence:

  • Judge Appointment: The Legislative And The Executive Branch Are Not Involved In The Selection Of High Court Judges; Rather, This Process Occurs Inside The Court Itself.

  • Judges' Tenure: High Court Judges Are Guaranteed Tenure Up Until Their 62-Year-Old Retirement Age. A High Court Cannot Be Dismissed Other Than By A Presidential Proclamation.

  • Pay And Benefits: High Court Justices Receive Competitive Pay, Benefits, And Allowances That Are Unchangeable Until There Is A Dire Financial Situation. The State's Consolidated Fund, Which Is Not Up For A Vote In The State Legislature, Is Used To Pay For The High Court's Costs.

  • Authority: The Constitutionally Guaranteed Powers And Jurisdiction Of The High Court Cannot Be Curtailed By The Parliament Or State Legislatures.

  • Judges' Behavior: The Parliament Cannot Debate The Behavior Of The High Court Judges Until An Impeachment Motion Has Been Filed.

  • Retirement: High Court Judges Are Not Eligible To Hold An Emolument Position With The Indian Or State Governments Once They Retire. This Section Does, However, Provide An Exception In Cases Of Emergency And When Retired Judges May Be Nominated To A Temporary Appointment With The Approval Of The Chief Justice Of India.


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