Describe the Jurisdiction and powers of High Court.
Ans. About jurisdiction of High Court, Article 225 provides that subject to the provision of this Constitution and to the provisions of any law of the appropriate legislature by this Constitution, the jurisdiction of, and the law administered in any existing High Court, and the respective powers of the judges thereof in relation to the administration of thj justice in the Court, including any power to make rules of court andt regulate the sittings of the court and of members thereof sitting alone or in Division Court, shall be the same as immediately before the commencement of this Constitution.
The jurisdiction of the High Courts may be divided in to The following parts.
(1 ) Writ jurisdiction
(2) Original jurisdiction
(3) Appellate jurisdiction (a) Civil matters (b) Criminal cases (c) Revenue matters
(4) Revisional jurisdiction.
The power of the High Courts may be described as follows
(1) Power of High Courts to issue certain writs—The power of the High Court to issue certain writs is laid down in Article 226. Article 226 lays down as follows — (1) Notwithstanding anything in Article 32, every High Court shall have power, throughut the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Gopvernment, within those territories, directions, order, or writs, including writs in the nature of habeas, corpus, mandamus, prohibition quo-warranto and certiorari, or any of them for the enforcement of any of the rights conferred by part III and for any purpose.
(2) The power conferred by clause (1) to issue directions, order or writs to any government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the teritones within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injuction or in any other manner is made one, or in any proceedings relating to, petition under clause (1), without —(a) furnishing to such parties copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.
(4) The power conferred on a High Court by this Article shall not be in derogation of the power conferred on the Supreme Court by: clause (2) of Article 32. The five writ mentioned in Article 226 are known in the English Law as prerogative writs, for they had originated in the King’s Prerogative Power of Superintendence over the due observance of law by his officers and Tribunals. The prerogative writs are extra-ordinary remedies intended to be applied in exceptional cases in which ordinary legal remedies are not adequate. These writs are issued in India against any person or authority for the conforcement of Fundamental Rights and for “any other purpose” i.e., for the enforcement of any either legal right. Howerver, inordinate delay in filing such writs will not entitle the person to seek the remedy the Supreme Court has held that where a writ petition was field after a delay of 4 years for which there was no explaination, the High Court was justified in dismissing it summarily.
(2) Power of superintendence over all courts by High Court—As per amended Article, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to exercise jurisdiction, except any court or tribunal constituted by any law relating to the Armed Forces. The power of superintendence under Article 227 administrative as well as judicial nature. This power being ordinary one is to be sparingly exercised, and in appropriate cases keep the subordinate courts within the bounds of their authority. This power is not greater than the power of the High Court Article 226 and under these powers the High Court does not as court of appeal. However the interference by the H.C. is only under circumstances such as arbitrary or capricious jurisdiction where violation of rules of natural justice or where the finding is to based on his evidence at all. Such power is not to exercised usually there is admission of particular, price of evidence. Even it the mistakes of fact or law they cannot be corrected under the Constitution of India.
(3) Power to make rules, prescribe fees etc. — Article 227 further provides that the High Court may—(a) call for returns from such courts. (b) make and issue general rules and prescribed forms for regulating the proceeding of such courts, and (c) Prescribe form in which books, entries and accounts shall be kept by the officers of such courts. However, the rules so made, forms prescried, or tables settle, shall not be inconsistent with the provisions of any law for the time bing in force and shall require previous approval of the Governor.
(4) Control over subordinate courts—Article 235 provide that control over district courts and courts subordinate thereto, including posting and promotin of, and frant of leave to, persons belonging judicial service of a State and holding any post inferior to the post of District Judge, shall be vested in High Court.
(5) Transfer of certain cases to High Court—Under Article 228, the High Court has power to transfer cases form lower court. If the high Court is satisifed that a case pending in a court subordinate to it involves substantial question of law as to the interpretation of the Consdution of which is necessary for the disposal of the case, it shall withdraw the case and may—(a) either dispose of the case itself, or (b) determine the said question of law and return it to the court from which the case was so withdrawn together with a copy of its judgement on such question and the said court shall, on receipt therof proceed to dispose if the case in conformity with such Judgement.
(6) Other Powers —High Courts have original and appellate jurisdiction in civil and criminal matters as conferred by other statutes and such powers have been safeguarded by Article 225 of the Constitution.
(7) Appointment of District Judge— Article 233 provides that the appointmnet to the post of District judge and posting and promotion of District judge shall be made by the Governor of the respective State in consultation with the High Court.
(8) Court of Record —Every High Court, as per article 215, is a court of record and power to punish for its contempt by itself .