History & Civics
Answer
The High Court has the power of Judicial Review.
- If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null and void'.
- The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its directions.
- The 42nd Amendment Act, 1976, introduced provisions, where the power of the High Court to judge the constitutionality of a State law was withdrawn during the Emergency.
- But with the repeal of certain parts of the 42nd Amendment, the High Courts regained their powers of considering the Constitutional validity of any State law or executive order or ordinance.
Related Questions
The High Court feels there has been blatant injustice in a case solved by the lower court and transfers the case to itself to check the judgement. Which jurisdiction is it exercising?
- Revisory
- Advisory
- Original
- Appellate
The Constitution of India provides that there shall be a High Court in each State. With reference to the jurisdiction of High Courts, write short notes on the following :
(a) Power to issue writs;
(b) Power of superintendence;
(c) Court of record.
The authority to restrict or extend the jurisdiction of the State High Courts rests with
- the President of India
- the Governor
- the Supreme Court
- the State Legislature
The Chief Justice of High Court is appointed by
- Governor of the State
- Chief Minister of the state
- Chief Justice of India
- President of India