History & Civics
The High Court has an extensive Jurisdiction. In this context discuss the following:
(a) Three types of cases in which it has Original Jurisdiction
(b) Three types of cases in which it has Appellate Jurisdiction
(c) Its Revisory Jurisdiction
Answer
(a) Three types of cases in which the High Court has Original Jurisdiction are-
- The cases regarding wills, divorce, marriage, Admiralty, Company Law and Contempt of Court can be taken up by the High court directly.
- The High Court has the power to issue Writs for the enforcement of Fundamental Rights.
- The High Court has the jurisdiction to hear an election petition. Appeal lies to the Supreme Court.
(b) Three types of cases in which the High Court has Appellate Jurisdiction are-
- In Civil cases the High Courts hear the appeals against the decisions of District Judges.
- In Criminal cases appellate jurisdiction consists of Appeals:
- Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
- Against the judgement of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
- Appeals also lie
- in matters concerning land revenue, and
- against orders of the Tribunals, such as the Rent Controller, State Transport Authority and Labour Tribunal.
(c) The High Court may call for the record of any case which has been decided by a subordinate court. If the High Court feels that the subordinate court has exercised a jurisdiction not vested in it or has acted with gross irregularity, it may make such order in the case as it deems fit. This is known as the revisory jurisdiction of the High Court. In other words, if the High Court is reasonably convinced that there was a 'miscarriage of justice', or 'violation of principles of natural justice', it will set aside subordinate court's verdict and pronounce a new judgement.
Related Questions
Mention any two ways by which the Constitution ensures independence and impartiality of the High Courts.
The High Court stands at the head of the Judiciary in the State. As regards the composition of the High Court, answer the following questions:
(a) How and by whom are the Chief Justice and other Judges of the High Court appointed?
(b) What qualifications are needed for being a Judge of the High Court?
(c) How and by whom may High Court judges be transferred from one High Court to another?
Besides the power of issuing the Writs, each High Court is a Court of Record. In this context answer the following questions:
(a) How do the High Courts enforce Fundamental Rights?
(b) How can you say that the Writ Jurisdiction of the High Court is wider than that of the Supreme Court?
(c) What is meant by the assertion that the High Court is a Court of Record?
Like the Supreme Court of India the High Court is also an Interpreter and Guardian of the Constitution. In this context answer the following questions:
(a) What is meant by Judicial Review?
Or
How do the High Courts hold the legislative and executive organs in check?(b) Do the High Courts have power to determine the validity of a Union (Central) law?