Introduction

In the hierarchical structure of the Indian judiciary, the High Courts occupy a pivotal position, situated between the Supreme Court of India and the subordinate courts. Established under Part VI, Chapter V of the Constitution of India, the High Courts are the principal civil courts of original jurisdiction in each state and union territory. They play a critical role in ensuring the rule of law, safeguarding fundamental rights, and interpreting the constitution and statutes. This article delves into the jurisdiction of the High Courts, examining their original, appellate, supervisory, and writ jurisdictions.

Original Jurisdiction

The original jurisdiction of a High Court refers to cases that can be directly initiated in the High Court, rather than coming on appeal from lower courts. This includes:

1. Fundamental Rights: Under Article 226 of the Constitution, High Courts have the power to issue directions, orders, or writs, including writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights and for any other purpose.

2. Civil and Criminal Cases: Certain civil and criminal cases can be filed directly in the High Court, especially in matters where lower courts lack the authority, or when cases involve substantial questions of law.

3. Election Petitions: Disputes related to the election of Members of Parliament and Members of Legislative Assemblies can be heard directly by the High Courts.

Appellate Jurisdiction

The appellate jurisdiction of the High Courts allows them to hear appeals from decisions of lower courts. This can be divided into:

1. Civil Appeals: High Courts hear appeals against the judgments of district courts and subordinate courts in civil matters. This includes appeals on points of law as well as on facts.

2. Criminal Appeals: Appeals against the judgments of sessions courts in criminal cases are heard by the High Courts. This includes appeals against convictions, sentences, and acquittals.

Supervisory Jurisdiction

Under Article 227 of the Constitution, High Courts have the power of superintendence over all courts and tribunals within their territorial jurisdiction. This supervisory jurisdiction includes:

1. Review and Revision: High Courts can call for records from lower courts to ensure that they are functioning within their legal bounds and correcting any errors of jurisdiction.

2. Administrative Control: High Courts exercise administrative control over the functioning of lower courts, including the appointment, transfer, and discipline of judicial officers.

Writ Jurisdiction

One of the most significant powers of the High Courts is their writ jurisdiction under Article 226. This empowers High Courts to issue various writs for the enforcement of fundamental rights and for other legal purposes. The key writs include:

1. Habeas Corpus: A writ to bring a person who has been detained unlawfully before the court to determine the legality of the detention.

2. Mandamus: A writ directing a public authority to perform its duty.

3. Prohibition: A writ directing a subordinate court or tribunal to cease proceedings in a case where it has no jurisdiction.

4. Quo Warranto: A writ questioning the legality of a person’s claim to a public office.

5. Certiorari: A writ to quash the order or decision of a lower court or tribunal.

Conclusion

The High Courts of India are integral to the country's judiciary, endowed with a wide array of powers to administer justice. Their jurisdiction spans original, appellate, supervisory, and writ jurisdictions, making them crucial for the enforcement of fundamental rights, the resolution of disputes, and the maintenance of judicial discipline. By upholding the rule of law and ensuring the proper functioning of the judiciary, High Courts play a vital role in the democratic fabric of India.

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