HIGH COURT IN INDIA: POWERS AND FUNCTIONS

India’s high courts are the highest appellate courts in the country and have the exclusive authority to hear appeals from any state or union territory. High Courts have appellate jurisdiction (particularly in cases concerning constitutional issues), original jurisdiction, and the authority to consider appeals. They are crucial in interpreting laws and upholding core constitutional principles in addition to supervising lower courts and granting writs.

There are currently 25 high court in india, including common High Courts in several states. In India, they have a big impact on the legal system.

high court in india: About

• The High Court of a state is the highest court in India. Articles 214 to 231 of the Indian Constitution address the composition and powers of the high court in India. The establishment of a single High Court with jurisdiction over two or more states may also be approved by Parliament.
  
• For instance, the High Court for the Union Territories of Chandigarh, Punjab, and Haryana is the same. The northeastern states also share a single High Court. Additionally, a High Court is shared by Tamil Nadu and Puducherry.

Power of high court

The power of high court is as follows:

• Issuing Writs: The Supreme Court may only issue writs to protect fundamental rights; they may not be used for any other purpose. The High Court’s authority to grant writs in the form of habeas corpus cannot be restricted, not even in an emergency. The enforcement of fundamental rights as well as additional purposes might necessitate the High Court to grant writs of habeas corpus, mandamus, prohibition certiorari, and quo warranto.
  
• Superiority: The 42nd Amendment to the Constitution restricted the jurisdiction of the High Courts to determine the validity of State laws and eliminated their capacity to determine the validity of federal laws. The original Constitution granted the High Courts the power to decide the legality of State and Federal laws. Nonetheless, the High Courts now possess this authority again due to the 43rd Constitutional (Amendment) Act of 1978.
  
• Competence: If a case is pending before a lower court and the High Court has determined that an important constitutional or legal issue is at stake, it may take up the case and render a decision.
  
• Authority over Sub-ordinate Courts: The High Court has the final say over personnel appointments, promotions, and other decisions made by the District Court and other lower courts in the State. The Governor must confer with the High Court prior to selecting, assigning, and elevating district judges.
  
• Judicial Review: The High Court can examine and rule on the legality of executive orders from the federal and state levels as well as legislative enactments. Articles 226 and 227 of the Indian Constitution give the High Court the power to carry out a thorough judicial review.
  
• Court of Records:Similar to the Indian Supreme Court, the High Court functions as the court of record. This means that the judges of the subordinate courts can make decisions by reviewing the records of decisions made by the High Court’s justices. Moreover, the power of high court is to punish the offending person or group for any contempt case.

functions of high court

The following are the functions of high court:

Original Jurisdiction:

• The High Courts of Calcutta, Bombay, and Madras have the exclusive right to hear civil cases involving property valued at more than 20,000 rupees.
  
• These High Courts have original jurisdiction over criminal and civil cases beginning in these cities.
  
• The High Courts have the power to issue writs in order to protect fundamental rights.
  
• They also have original jurisdiction over other cases, including divorces, wills, contempt of court, and admiralty issues. Finally, the functions of high court cover the authority to consider petitions for elections.

Appellate Jurisdiction:

• The right to appeal a district court decision to the High Court exists in civil proceedings.
  
• If the dispute is over a sum of money greater than 5000 rupees or involves a factual or legal dispute, an appeal may also be filed directly from the subordinate court.
  
• In reference to criminal cases, it covers decisions decided by Sessions and Additional Sessions Judges in the following situations:
  
• In the event that the session judge delivered a ruling mandating a minimum of seven years behind bars.
  
• If the death penalty has been imposed by the session’s judge.
  
• Cases covered by state or federal statutes are likewise under the High Court’s jurisdiction.
  
• In constitutional issues as well, the High Court certifies that there is a significant question of law.

In India, High Courts are considered superior courts, after the Supreme Court. Various statutes provide powers and functions to the High Court. Every High Court has its own original and appellate side rules that specify the procedures that each court will adhere to.

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