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History & Civics

With reference to the jurisdiction of High Courts, write short notes on:

(a) Revisory Jurisdiction of High Courts.

(b) Its power to issue Writs.

(c) Its power of Judicial Review.

High Courts

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Answer

(a) Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court.

  1. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure.
  2. Therefore, the High Court can review the case and take appropriate action on it. This is known as the Revisory Jurisdiction of the High Court.
  3. A revisory jurisdiction is applicable in the following cases:
    (a) injustice or an error of law apparent on the face of the record.
    (b) violation of the principles of natural justice.
    (c) arbitrary authority leading to wrong judgements.
    (d) flagrant error in procedure.

(b) All the High Courts are empowered to issue 'writs'.

  1. A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act.
  2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
  3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

(c) The High Court has the power of Judicial Review.

  1. 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'.
  2. The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its directions.
  3. 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Act, 1976, introduced provisions, where the power of the High Court to judge the constitutionality of a State law was withdrawn during the Emergency.
  4. 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.

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