Jurisdiction of High court and Supreme court
This Article is written by Harsh Khatri, 3rd year Law intern from the University of Petroleum and energy studies dehradun.
Jurisdiction
A court's or other legal entity's jurisdiction is their right or ability to hear and consider cases in a specific area or on a particular subject matter. It establishes the boundaries of a court's legal authority to carry out its judicial functions.
There are many types of jurisdiction which are as follows:
➔ Pecuniary Jurisdiction
➔ Territorial Jurisdiction
➔ Appellate Jurisdiction
➔ Original Jurisdiction
➔ Subject matter Jurisdiction
➔ Legal Jurisdiction
➔ Concurrent Jurisdiction
Jurisdiction of High Court
In India, each state has its own High Court, which acts as the supreme court for that state's territorial jurisdiction. There are 25 high courts in India, A State, a Union Territory, or a group of States and Union Territories may be subject to the jurisdiction of these High Courts. High court has three major jurisdictions which are Original jurisdiction, Appellate jurisdiction and writ jurisdiction.
➢ Original jurisdiction: High Courts have original jurisdiction over disputes involving revenue, corporation, divorce, matrimonial, and admiralty. They have the authority to issue writs, orders, and directives to enforce fundamental rights. They are entitled to hear civil cases which involve property worth over Rs.20000.
➢ Appellate jurisdiction: In both civil and criminal cases, the High Court has jurisdiction to consider appeals against District Court rulings.
➢ Writ jurisdiction: "Article 226" assists in giving the High court the authority to uphold the fundamental human rights within its territorial jurisdiction. The high court has the power to issue writs to any person, organisation, or government, both inside and outside of its territorial jurisdiction are subject to the high court's authority. There are five types of writs that are available under article 226, which are as follows:
★ Habeas corpus: safeguards personal liberty and avoids unlawful imprisonment
★ Mandamus: requires public officials to do their duties.
★ Certiorari: issues to quash the rulings or judgements of inferior courts, tribunals, or quasi-judicial organisations.
★ Prohibition: prevents one from going beyond limits
★ Quo Warranto: determines whether a person is lawfully allowed to occupy public office.
Jurisdiction of Supreme Court
The country's apex court adjudicates disagreements between the national governments on all matters. the disagreements between two or more states, or the disagreements between the central government and any state. The Supreme court has a wide jurisdiction as compared to the high court. Types of jurisdiction of the supreme court are as follows:
➢ Original jurisdiction concerns legal rights, the enforcement of fundamental rights, and conflicts between the Indian government and its constituent states.
➢ Appeals from rulings, decisions, or orders of tribunals, high courts, and other bodies fall under the purview of appellate jurisdiction.
➢ The Supreme Court has advisory jurisdiction, according to Article 143 of the Constitution. The Supreme Court may, following any hearing it deems appropriate, report to the President its opinion on any matters of public importance on which the President of India requests an opinion.
➢ Writ jurisdiction: Article 32 of the constitution empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. types of writs are mentioned under this article, which are listed below:
★ Habeas corpus:safeguards personal liberty and avoids unlawful imprisonment
★ Mandamus: requires public officials to do their duties.
★ Certiorari: issues to quash the rulings or judgements of inferior courts, tribunals, or quasi-judicial organisations.
★ Prohibition: prevents one from going beyond limits
★ Quo Warranto: determines whether a person is lawfully allowed to occupy public office.
Conclusion
The authorities' discussion of the various jurisdictions in the various sections of the constitution was helpful in coming to a conclusion. The Supreme Court and the high court have been found to be equally significant in resolving conflicts. The disagreements are raising concerns about citizens' fundamental rights. the appropriate operation of the high court and supreme court in resolving conflicts, whether they are related to territorial or interpersonal disputes or not. It has also been discussed how the Supreme Court operates to resolve conflicts between the central government and the states.