History & Civics
With reference to the powers of the High Court, briefly describe the following:
(a) What is meant by the Original Jurisdiction of the High Court? Mention two types of cases in which the High Court exercises Original Jurisdiction.
(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.
(c) How does the High Court control the power of the Legislature and the Executive?
High Courts
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Answer
(a) High Courts have original jurisdiction, that is, the power to hear and decide cases at the first instance. It has original jurisdiction in the following cases:
- Matters relating to State revenue and its collection.
- Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or brought before the High Court directly.
(b) Two types of cases in which the High Court exercises Appellate Jurisdiction are-
- Civil cases — Appeals can be brought to the High Court:
- in matters concerning land revenue, and
- in cases where a blatant injustice has been committed by any Tribunal. In such cases, the High Court may quash the order of the Tribunals.
- Criminal cases — 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 judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
(c) The High Courts control the power of the Legislature and the Executive by 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 has the power of considering the Constitutional validity of any State law or executive order or ordinance.
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