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a) Original Jurisdiction
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- It means the power of a high court to hear disputes in the first instance, not by way of appeal.
- It extends to the following matters
- Matters of admiralty and contempt of court.
- Regarding revenue matters
- Disputes relating to the election of members of Parliament and the State Legislature
- Enforcement of Fundamental Rights of Citizens
- Cases ordered to be transferred from the subordinate courts involving the interpretation of the Constitution to its own file.
- High Courts of Calcutta, Bombay, Madras and Delhi have original civil jurisdiction in cases of higher value.
- Before 1973, the Calcutta, Bombay, and Madras High Courts also had original criminal jurisdiction. It was fully abolished by the Criminal Procedure Code 1973.
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b) Writ Jurisdiction
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- Article 226 of the Constitution empowers a high court to issue writs for the enforcement of Fundamental Rights and ordinary legal rights.
- High court is empowered to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce these rights.
- The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside the territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
- In Chandra Kumar Case 1997, the Supreme Court ruled that the writ jurisdiction of both high court and the Supreme Court constitute a part of the basic structure of the constitution.
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c) Appellate Jurisdiction
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- A High Court is primarily a court of appeal. It hears appeals in civil and criminal matters. The appellate jurisdiction of the high court is wider than its original jurisdiction.
Civil Matters:
- High Courts have appellate jurisdiction in civil matters, including appeals from judgments, orders, or decrees passed by subordinate civil courts.
- Second appeals from the orders and the judgements of the district court or other subordinate courts lie directly to the high court on both questions of law and fact.
- Appeals from the decision of the administrative and other tribunals lie to the division bench of the high court.
Criminal matters:
- Appeals from the judgements of sessions court and additional session courts lie to the High Court if the sentence is one of imprisonment for more than seven years.
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d) Supervisory jurisdiction
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- A high court has the power to supervise all courts and tribunals operating within its territorial jurisdiction (except military courts or tribunals).
- It covers not just administrative but also judicial superintendence.
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e) Court of Record
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As a Court of Record, a high court has two powers:
- The judgements, proceedings and acts of the high court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.
- It has the power to punish for contempt of court, either with simple imprisonment for a term up to six months or with a fine or with both.
- As a court of record, a high court also has the power to review and correct its own judgements or orders or decisions even though no specific power of review is conferred on it by the Constitution.
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f) Power of Judicial Review
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- The High Court has the power to review the constitutionality of both central and state government legislative and executive orders.
- Although the term “judicial review” is not included in our constitution, Articles 13 and 226 expressly grant the High Court this power.
- If any provision is found violative of the Constitution, it can be declared as unconstitutional by the high court.
- 42nd Constitutional Amendment Act of 1976 curtailed the power of a high court to review any central law. However, the 43rd Constitutional Amendment Act of 1977 restored the original position.
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g) Control over Subordinate Courts
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- The high court has administrative control and other powers over the Subordinate Courts
- It is consulted by the governor in the matters of appointment, posting and promotion of district judges and appointment of persons to the judicial service of the state.
- It deals with matters of postings, promotion, grant of leave, transfer of member of judicial service of the state.
- It can withdraw a case pending before any subordinate court if it involves the substantial question of law that requires interpretation of the Constitution.
- Its law is binding on all subordinate courts functioning within its territorial jurisdiction
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