High Courts in India are the principal courts of original and appellate jurisdiction in the states and union territories (except for certain areas under the jurisdiction of other specialized courts). Established under Part VI, Chapter V of the Indian Constitution, the jurisdiction of High Courts is extensive and diverse, encompassing both civil and criminal matters as well as issues related to constitutional law, administrative law, and more. Here’s a brief overview of the jurisdiction of High Courts in India.
Original Jurisdiction
High Courts have original jurisdiction to hear and decide certain types of cases that are initiated directly in the High Court without being transferred from subordinate courts. This includes cases involving disputes between the state government and central government, election disputes, habeas corpus petitions, and cases involving matters of constitutional interpretation.
Appellate Jurisdiction
High Courts serve as appellate courts, hearing appeals from lower courts, tribunals, and quasi-judicial bodies within their territorial jurisdiction. High Courts have the authority to hear appeals against judgments, orders, and decrees passed by subordinate civil and criminal courts, as well as tribunals and administrative bodies functioning within their jurisdiction.
Writ Jurisdiction
High Courts have the power to issue writs under Article 226 of the Indian Constitution, which is a unique feature of their jurisdiction. These writs include writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Through the exercise of writ jurisdiction, High Courts can review the actions, decisions, or orders of governmental authorities, public officials, and statutory bodies to ensure they are lawful and in compliance with constitutional principles.
Constitutional and Administrative Jurisdiction
High Courts have the authority to adjudicate matters involving the interpretation and enforcement of constitutional provisions within their territorial jurisdiction. This includes cases challenging the constitutionality of laws, executive actions, or government policies. Additionally, High Courts exercise administrative jurisdiction, supervising the functioning of subordinate courts and tribunals within their jurisdiction and ensuring their adherence to procedural and administrative norms.
Supervisory Jurisdiction
High Courts have supervisory jurisdiction over subordinate courts and tribunals within their territorial jurisdiction. They exercise powers of superintendence, control, and correction over these courts, ensuring that they function efficiently, fairly, and in accordance with the law. High Courts can issue directions, guidelines, and instructions to subordinate courts and tribunals, and also have the authority to transfer cases from one court to another for the interest of justice.
In conclusion, the jurisdiction of High Courts in India is multifaceted and extensive, encompassing original, appellate, writ, constitutional, administrative, and supervisory powers. High Courts play a crucial role in ensuring access to justice, protecting fundamental rights, upholding the rule of law, and safeguarding the constitutional principles of justice, equality, and fairness.
