Describe the Juricdiction and Powers of High Court
about
jurisdiction of High Court Article 225 provides that subject to the provision
of this Constitution and to the provisions that subject to the provisions of
any law of the appropriate legislature by this Constitution, the jurisdiction
of, and the law administered in any existing High Court, and the respective
powers of the judges thereof in relation to the administration of the justice
in the Court, including any power to make rules of court and to regulate the
sitting alone or in Division Court, shall be the same as immediately before the
commencement of this Constitution.
The jurisdiction of the High Courts may be divided in to the following parts.
·
Writs jurisdiction
·
Original jurisdiction
·
Appellate jurisdiction in
o
Civil matters
o
Criminal matters
o
Revenue matters
·
Revisional jurisdiction
The power of the High Courts may be described as follows—
Power of high Courts to issue certain writs
The power of the High Court to issue certain writs is laid down Article
226. Article 226 lays down as follows-
(1)
Notwithstanding anything in
Article 32, every High Court shall have power, throughut the territories in
relation t which it exercises jurisdiction, to issue to any person or authority
including in appropriate cases, any Government, within those territories,
directions order or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari or any of them for the
enforcement of any of the rights conferred by part III and for any purpose.
(2)
The power conferred by clause (1) to issue directions, order or
writs to any government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within which the
cause of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such government those territories.
(3)
Where any party against whom an interim order, whether by way of injunction
or in any other manner is made one, or in any proceedings relating to, petition
under clause (1) without-
a.
Furnishing to such parties copies of such petition and all documents
in support of the plea for such interim order and
b.
Giving such party an opportunity of being heard, makes an makes an
application to the High Court for the vacation of such order and furnishes a
copy of such application to the party in whose favour such order has been made
or the counsel of such party, the High Court shall dispose of the application
within a period of two weeks from the date on which it is received or from the
date on which the copy of such application is so furnished, whichever is later
or where the High Court is closed on the last day of that period, before the
expiry of the next day afterwards on which the High Court is open; and if the
application is not so disposed of, the interim order shall, on the expiry of
that period, or as the case may be, the expiry of the said next day, said stand
vacated.
(4)
The power conferred on a High Court by this Article shall not be
in derogation of the power conferred on the Supreme Court by clause (2) of
Article 32.
The five writ mentioned in Article 226 are known in English Law as
prerogative writs, for they had originated in the King’s Prerogative Power or Superintendence
over the due observance of law by his officers and Tribunals. The prerogative
writs are extra-ordinary remedies intended to be applied in exceptional cases
in which ordinary legal remedies are not adequate. These writs are issued in
India against any person or authority for the enforcement of Fundamental Rights
and for “any other purpose” i.e., for the enforcement of any either legal
right.
Power of superintendence over all courts by High Court
As per amended Article, every High Court shall have superintendence
over all courts and tribunal throughout the territories in relation to which it
exercise jurisdiction, except any court or tribunal constituted by or under any
law relating to the Armed forces.
The power of superintendence under article 227 is of an
administrative as well as judicial nature. This power being an extra ordinary
one is to be sparingly exercised, and in appropriate cases, to keep the
subordinate courts within the bounds of their authority.
The power is not greater than the power of the High Court under Article
226 and under these powers the High Court does not function as court of appeal.
However the interference by H.C is only under limited circumstances
such as arbitrary or capricious jurisdiction where there is violation of rules
of natural justice or where the finding is forever or based on his evidence at
all. Such power is not to exercised usually because there is admission of
particular, price of evidence. Even it there are mistakes of fact or law they
cannot be corrected under Art. 227 Constitution of India. The H.C cannot
concert itself and a court of appeal or account of revision sitting or the
decision of the inferior courts in exercise of power under Article 227 to
exercise extraordinary jurisdiction not a bar when fundamental rights is
violated. It has been held that a writ petition against termination of service
of teacher of school receiving grant in aid maintainable as it affects public exchequer.
Power to make rules, prescribe fees etc.
Article 227 further provides that the High Court may –
(a)
Call for returns from such courts.
(b)
Make and issue general rules and prescribed forms for regulating
the proceeding of such courts, and
(c)
Prescribe form in which books, entries and accounts shall be kept
by the officers of such courts.
However, the rules so made, forms prescribe, or tables settle,
shall not be inconsistent with the provisions of any law for the time being in
force and shall require previous approval of the Governor.
Control over subordinate Courts
Article 235 provides that the control over district courts
subordinate thereto, including posting and promotion of, in front of leave to
persons belonging to the judicial service of a State and holding any post
inferior to the post of District Judge shall be vested in High Court.
Transfer of certain cases to High Court
Under Article 228, the High Court has power to transfer cases
forms lower court. If the High Court is satisfied that a case pending in a
court subordinate to it involves substantial question of law as to the
interpretation of the Constitution of which is necessary for the disposal of
the case, it shall withdraw the case and may-
(a)
Either dispose of the case itself, or
(b)
Determine the said question of law and return it to the court from
which the case was so withdrawn together with a copy of its judgement on such
question and the said court shall, on receipt thereof proceed to dispose if the
case in conformity with such judgement.
Other Powers
High Courts have original and appellate jurisdiction in civil and
criminal matters as conferred by other statutes and such powers have been
safeguarded by Article 225 of the Constitution.
Appointment of District Judge
Article 233 provides that the appointment to the post of district
judge and posting and promotion of District judge shall be made by the Governor
of the respective state in consultation with the High Court.
Court of Records
Every High court as per article 215 is a court of record and power
to punish for its contempt by itself.
Similar Post
- Right of Private Defense Section 96 IPC in Hindi
- Right of Private Defense Section 96 IPC in Hindi
- IPC Section 288 in Hindi | Dhara 288 IPC Kya hai
- IPC 498a Judgement in Favour of Husband
- Indian Penal Code 97 in Hindi
- IPC Section 288 in Hindi | Dhara 288 IPC Kya hai
- IPC 498a Judgement in Favour of Husband
No comments:
Post a Comment