Jurisdiction and Powers of High Court

Just like the Supreme Court protects Fundamental Rights and interprets the Constitution at the national level, the High Court does the same at the state level.

It has extensive powers — judicial, supervisory, and consultative — but here’s the catch:
👉 The Constitution does not give a detailed list of its powers.
It simply says — “The High Court shall have the same jurisdiction and powers as it had immediately before the commencement of the Constitution.”

So, we largely inherited these powers from the pre-Constitution era, but with some additions, like:

• Jurisdiction over revenue matters, and
• Additional powers such as writ jurisdiction, power of superintendence, and consultative role.

⚖️ Present Jurisdiction and Powers of the High Court

Let’s understand into seven broad heads:

The High Court’s powers are derived from seven sources — Constitution, Letters Patent, Acts of Parliament, State Legislature Acts, IPC (1860), CrPC (1973), and CPC (1908).

1️⃣ Original Jurisdiction

– “Hearing a case for the first time”

“Original” means the High Court acts as the trial court — the case originates here.

It covers the following matters:

1. Election disputes of MPs and MLAs.
2. Revenue matters — related to collection or acts done in connection with revenue.
3. Enforcement of Fundamental Rights.
4. Constitutional interpretation — if a subordinate court faces such a case, the High Court can transfer it to itself.
5. Civil cases of higher value — only in Calcutta, Bombay, Madras, and Delhi High Courts.

🧠 Remember: Before 1973, these three Presidency High Courts also had original criminal jurisdiction, but this was abolished by CrPC, 1973.

2️⃣ Writ Jurisdiction

– “The Shield of Liberty” (Article 226)

This is one of the most powerful tools of the High Court.
Under Article 226, it can issue five writs — Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto — for:

• Enforcing Fundamental Rights, and
• For any other purpose (i.e., even for ordinary legal rights).

👉 So, its writ jurisdiction is wider than that of the Supreme Court (which, under Article 32, can issue writs only for Fundamental Rights).

Also, the High Court can issue writs not only within its own territory but even outside if the cause of action arose within its territory.

🧩 In Chandra Kumar v. Union of India (1997), the Supreme Court held:

“The power of judicial review (under Articles 226 and 32) is part of the basic structure of the Constitution.”

Hence, even a constitutional amendment cannot remove this power.

3️⃣ Appellate Jurisdiction

– “The Main Workhorse”

Most of the High Court’s workload comes from appeals — it reviews decisions of subordinate courts.

It has civil and criminal appellate jurisdiction.

(a) Civil Matters

1. First Appeals – Against judgments of District or Additional District Courts, on law and facts, if the amount exceeds the limit.
2. Second Appeals – Only on questions of law (not facts).
3. Intra-Court Appeals – From a single judge to a Division Bench (two judges) within the same High Court.
4. Tribunal Appeals – Against orders of state tribunals; High Court’s writ power applies over them.

📌 In 1997, the Supreme Court clarified that tribunals are under the writ jurisdiction of High Courts.
So, one cannot directly appeal to the Supreme Court from a tribunal.

(b) Criminal Matters

1. Appeals from Sessions or Additional Sessions Court where imprisonment exceeds 7 years.
2. A death sentence must be confirmed by the High Court before execution — even if no appeal is filed.
3. Appeals from Assistant Sessions Judges or Magistrates, as per CrPC provisions.

4️⃣ Supervisory Jurisdiction

– “Superintendence over Lower Courts”

Under Article 227, every High Court has power of superintendence over all courts and tribunals within its jurisdiction (except military tribunals).
It can:

• Call for returns (records) from them,
• Frame rules and forms for procedures,
• Regulate accounts and fees, and
• Oversee their administrative functioning.

This power is broad, but not unlimited.

It can be used suo motu (on its own), but only in serious situations like:

• Excess of jurisdiction,
• Violation of natural justice,
• Error of law,
• Disregard of higher courts’ law, or
• Manifest injustice.

It’s thus a corrective and supervisory power, not a substitute for appeal.

5️⃣ Control over Subordinate Courts

– “Administrative Headship”

This is the High Court’s administrative control, not just judicial.

1. Consulted by the Governor in the appointment, posting, and promotion of District Judges (Article 233).
2. Handles posting, promotion, transfers, leave, and discipline of judicial officers below district judges.
3. Can withdraw a case from a subordinate court if it involves a substantial question of constitutional law.
4. Its decisions are binding on all subordinate courts within its jurisdiction.

This ensures uniformity and discipline in the state’s judicial structure.

6️⃣ Court of Record

– “Its Words are Law”

Being a Court of Record means two things:

1. Judgments, acts, and proceedings are kept as permanent legal records, having evidentiary value and serving as precedents for lower courts.
2. The High Court can punish for contempt — of itself or of its subordinate courts (as per Contempt of Courts Act, 1971).

Contempt can be:

• Civil (disobedience of orders) or
• Criminal (scandalising or lowering authority of court).

💡 Also, unlike the Supreme Court, the Constitution does not expressly grant the High Court power of review —
but as a Court of Record, it can review and correct its own decisions.

7️⃣ Power of Judicial Review

– “Guardian of Constitution at the State Level”

Judicial Review means the power to examine constitutionality of laws and executive orders of both Central and State governments.
If a law or order is ultra vires (beyond constitutional limits), the High Court can strike it down as unconstitutional or invalid.

Though the term “Judicial Review” isn’t mentioned in the Constitution, it flows from:

• Article 13, and
• Article 226.

It ensures that no organ of government exceeds its authority.

A law can be struck down if:

1. It violates Fundamental Rights.
2. It is beyond legislative competence.
3. It is repugnant to constitutional provisions.

📜 The 42nd Amendment (1976) tried to restrict this power — barring High Courts from reviewing central laws.
But the 43rd Amendment (1977) restored it — reaffirming the High Court’s crucial role as constitutional watchdog.

🏁 Conclusion: The High Court

— The “Sentinel on the Qui Vive” (Ever-Vigilant Guard)

Dr. B.R. Ambedkar described the Judiciary as the “guardian of liberty”.
At the state level, that guardian is the High Court.
It protects citizens’ rights, keeps the executive in check, ensures the uniform application of law, and upholds constitutional supremacy.

Thus, every High Court is not just a judicial body — it is the constitutional conscience of the state.