Powers and Functions of High Court: A Comprehensive Analysis

Table of Contents

1.     Powers and Functions of High Court

2.     Powers of High Court

3.     Functions of High Court

4.     Jurisdiction of High Court

5.     Landmark Supreme Court Judgments

6.     Relevant Statutory Laws

7.     List of Relevant Articles and Case Laws

8.     Key Points

9.     MCQs for UPSC Exam Preparation

1. Powers and Functions of High Court

The High Court in each Indian state acts as the highest appellate authority and possesses various types of jurisdiction, including original, appellate, writ, and supervisory jurisdiction. It functions as a court of record and exercises judicial review. The High Court also oversees the functioning of subordinate courts within the state.

Relevant Articles:

• Article 214: Establishment of High Courts
• Article 216: Composition of High Courts
• Article 226: Power to issue certain writs
• Article 227: Power of superintendence over all courts by the High Court

2. Powers of High Court

Court of Record:

• High Courts are courts of record, meaning their judgments can be cited as precedents.
• They have the authority to punish for contempt of court.

Administrative Powers:

• Superintend and control all subordinate courts within their jurisdiction.
• Ask for details of proceedings and examine records.
• Issue rules regarding the functioning of subordinate courts.
• Appoint administrative staff and decide their salaries and allowances.

Power of Judicial Review:

• Examine the constitutionality of legislative enactments and executive orders of both the state and central government.
• Article 226: Confers power to issue writs for the enforcement of fundamental rights and other purposes.
• Article 227: Grants supervisory powers over all subordinate courts.

Power of Certification:

• Certify cases for appeal to the Supreme Court.

Power of Superintendence:

• Administrative and judicial control over subordinate courts.
• Assist the governor in appointing, transferring, or promoting judges and other judicial officers.

3. Functions of High Court

Original Jurisdiction:

• Hear cases first hand in specific matters such as property disputes, divorce, wills, and election petitions.
• Issue writs for the enforcement of fundamental rights.

Appellate Jurisdiction:

• Hear appeals from lower courts in civil and criminal matters.
• Re-examine cases where the punishment is severe, such as capital punishment or long-term imprisonment.

Writ Jurisdiction:

• Issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto to enforce fundamental rights and other legal rights.

Supervisory Jurisdiction:

• Superintend and control all courts and tribunals within its jurisdiction, except those dealing with the Armed Forces.

4. Jurisdiction of High Court

Original Jurisdiction:

• High Courts have original jurisdiction in civil and criminal cases where the value exceeds a certain threshold or involves specific matters.

Appellate Jurisdiction:

• Civil and criminal appeals from subordinate courts.
• Appeals involving questions of law and fact.

Writ Jurisdiction:

• Article 226: Issue writs to enforce fundamental rights and for other purposes.
• Article 227: Supervise and control subordinate courts.

Supervisory Jurisdiction:

• Oversee all courts and tribunals within the state except those related to Armed Forces.

5. Landmark Supreme Court Judgments

S.P. Gupta v. Union of India (1981):

• Key Takeaway: Established the primacy of the Chief Justice of India in judicial appointments.

Supreme Court Advocates-on-Record Association v. Union of India (1993):

• Key Takeaway: Reinforced the independence of the judiciary and the role of the collegium system.

L. Chandra Kumar v. Union of India (1997):

• Key Takeaway: Affirmed the power of judicial review of the High Courts and Supreme Court over decisions of tribunals.

6. Relevant Statutory Laws

The High Court Judges (Salaries and Conditions of Service) Act, 1954:

• Governs salaries, allowances, and conditions of service for High Court judges.

7. List of Relevant Articles and Case Laws

Articles:

• Article 214: Establishment of High Courts
• Article 216: Composition of High Courts
• Article 226: Power to issue certain writs
• Article 227: Power of superintendence over all courts by the High Court

Case Laws:

• S.P. Gupta v. Union of India (1981)
• Supreme Court Advocates-on-Record Association v. Union of India (1993)
• L. Chandra Kumar v. Union of India (1997)

8. Key Points

• High Courts are the highest judicial authority within states.
• They possess various types of jurisdiction: original, appellate, writ, and supervisory.
• They function as courts of record and exercise judicial review.
• High Courts oversee subordinate courts and assist in administrative functions.
• They can certify cases for appeal to the Supreme Court.

9. MCQs for UPSC Exam Preparation

1. Which Article of the Indian Constitution deals with the power of High Courts to issue writs?

a) Article 214
b) Article 226
c) Article 227
d) Article 231

Answer: b) Article 226
Explanation: Article 226 grants High Courts the power to issue writs for the enforcement of fundamental rights and other purposes.

2. Under which Article can the High Courts exercise supervisory jurisdiction over all courts within their territory?

a) Article 214
b) Article 226
c) Article 227
d) Article 231

Answer: c) Article 227
Explanation: Article 227 grants High Courts the power of superintendence over all courts and tribunals within their territorial jurisdiction.

3. Which power allows the High Courts to certify cases for appeal before the Supreme Court?

a) Judicial Review
b) Administrative Power
c) Power of Certification
d) Supervisory Jurisdiction

Answer: c) Power of Certification
Explanation: High Courts have the power to certify cases for appeal to the Supreme Court.

4. What type of jurisdiction does the High Court have in cases where it hears a matter for the first time?

a) Appellate Jurisdiction
b) Original Jurisdiction
c) Writ Jurisdiction
d) Supervisory Jurisdiction

Answer: b) Original Jurisdiction
Explanation: Original jurisdiction refers to the power of a High Court to hear a case for the first time.

5. Which article of the Indian Constitution provides for the establishment of High Courts in states?

a) Article 214
b) Article 226
c) Article 227
d) Article 231

Answer: a) Article 214
Explanation: Article 214 provides for the establishment of High Courts in each state.

6. Which of the following powers of the High Court involves examining the constitutionality of legislative enactments and executive orders?

a) Power of Certification
b) Power of Superintendence
c) Power of Judicial Review
d) Administrative Power

Answer: c) Power of Judicial Review
Explanation: Judicial review involves examining the constitutionality of legislative enactments and executive orders.

7. Under which Article can High Courts exercise writ jurisdiction for the enforcement of fundamental rights?

a) Article 214
b) Article 226
c) Article 227
d) Article 231

Answer: b) Article 226
Explanation: Article 226 provides High Courts with the power to issue writs for the enforcement of fundamental rights and other purposes.

8. What does the term "court of record" imply for High Courts?

a) They have the power to issue writs
b) Their judgments can be used as precedents
c) They can certify cases for appeal
d) They have supervisory powers over subordinate courts

Answer: b) Their judgments can be used as precedents
Explanation: Being a court of record means that the judgments of High Courts can be cited as precedents.

9. Which landmark case established the primacy of the Chief Justice of India in judicial appointments?

a) S.P. Gupta v. Union of India
b) Supreme Court Advocates-on-Record Association v. Union of India
c) L. Chandra Kumar v. Union of India
d) Kesavananda Bharati v. State of Kerala

Answer: a) S.P. Gupta v. Union of India
Explanation: The case of S.P. Gupta v. Union of India established the primacy of the Chief Justice of India in judicial appointments.

10. Under which article does the High Court have the power to superintend and control all subordinate courts within its jurisdiction?

a) Article 214
b) Article 226
c) Article 227
d) Article 231

Answer: c) Article 227
Explanation: Article 227 grants High Courts the power to superintend and control all subordinate courts within their jurisdiction.

This structured format provides a comprehensive analysis of the powers and functions of High Courts, relevant constitutional provisions, landmark judgments, statutory laws, key points, and multiple-choice questions for UPSC exam preparation.