Jurisdiction of High Courts in India
Jurisdiction of High Courts in India
1. Introduction
High Courts are the highest courts in the states and union territories and serve as the principal civil and criminal courts of original jurisdiction and appellate jurisdiction. Their powers and jurisdiction are defined by the Constitution of India, various statutes, and judicial precedents.
2. Constitutional Basis
Article 214: There shall be a High Court for each state.
Article 215: High Courts shall have all the powers of a civil court and can exercise jurisdiction over civil and criminal matters.
Article 226: High Courts have the power to issue writs for enforcement of Fundamental Rights and for other purposes.
Article 227: High Courts have supervisory jurisdiction over all courts and tribunals within their territory.
3. Types of Jurisdiction of High Courts
A. Original Jurisdiction
High Courts can hear cases that are filed directly before them.
This usually applies in certain civil and criminal matters, such as cases involving the enforcement of fundamental rights.
Example: Habeas Corpus petitions.
B. Appellate Jurisdiction
High Courts hear appeals from lower courts, including District Courts and subordinate courts.
Appeals may be on facts, law, or both.
Civil and criminal appeal jurisdiction depends on the statute and rules.
C. Writ Jurisdiction (Article 226)
High Courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
These writs protect Fundamental Rights and enforce legal rights.
Unlike the Supreme Court (which can issue writs only for Fundamental Rights), High Courts can issue writs for enforcement of any legal right.
D. Supervisory Jurisdiction (Article 227)
High Courts have power to supervise and control all subordinate courts and tribunals within their jurisdiction.
This includes the power to call for records, inspect proceedings, and correct errors or abuses of power.
It is a wider jurisdiction than appellate jurisdiction.
E. Advisory Jurisdiction
Under certain state laws, High Courts may give advisory opinions on questions of law referred to them by the Governor of the state.
4. Territorial Jurisdiction
Each High Court exercises jurisdiction over the states or union territories assigned to it.
Some High Courts have jurisdiction over more than one state or union territory (e.g., Punjab & Haryana High Court).
The jurisdiction can be changed by Parliament under Article 231.
5. Important Case Laws on Jurisdiction of High Courts
i. K.S. Puttaswamy v. Union of India (2017)
The High Courts have the power under Article 226 to issue writs for protection of Fundamental Rights, emphasizing their crucial role in safeguarding rights.
ii. State of Bihar v. Kameshwar Singh (1952)
The Supreme Court held that the High Court’s supervisory jurisdiction under Article 227 is wider than its appellate jurisdiction.
iii. In Re: Delhi Laws Act, 1912 Case
The High Court’s original jurisdiction can be conferred by statute, and it can try certain cases directly.
iv. S.P. Gupta v. Union of India (1981)
Affirmed the power of the High Courts under Article 226 to issue writs to enforce Fundamental Rights.
v. People’s Union for Democratic Rights v. Union of India (1982)
The High Courts exercised writ jurisdiction under Article 226 to enforce social and economic rights, expanding the scope beyond traditional fundamental rights.
6. Summary Table of Jurisdiction
| Type of Jurisdiction | Description | Constitutional Provision |
|---|---|---|
| Original Jurisdiction | Trial of cases directly in High Court | Articles 214, 215 |
| Appellate Jurisdiction | Hearing appeals from subordinate courts | Article 214 |
| Writ Jurisdiction | Issue writs for protection of rights | Article 226 |
| Supervisory Jurisdiction | Supervise subordinate courts and tribunals | Article 227 |
| Advisory Jurisdiction | Give legal opinions on reference by Governor | Statutory (varies by state) |
7. Conclusion
The High Courts in India possess wide-ranging jurisdiction that includes original, appellate, supervisory, and writ jurisdictions. This makes them vital institutions in the judicial hierarchy, acting both as courts of first instance in certain matters and as appellate and supervisory bodies over lower courts. Their writ jurisdiction under Article 226 is especially significant as it empowers them to safeguard rights more broadly than the Supreme Court in some respects.
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