Jurisdiction of High Courts in India

High Courts form the backbone of the Indian judicial system at the State level. Established under the Constitution of India, they exercise wide-ranging powers that include original, appellate, writ, supervisory, and disciplinary jurisdictions. Understanding the scope and nature of High Courts’ jurisdiction is essential for any person seeking legal recourse in India. 

This article explains the jurisdiction of High Courts in India in a clear, structured manner so you can easily understand how these courts function and how you can approach them when needed.

Constitutional Basis of High Courts in India

The jurisdiction of High Courts is primarily governed by Chapter V of the Constitution of India, which includes Articles 214 to 232. These Articles establish High Courts for each State, regulate their composition, powers, and duties, and preserve certain powers from the pre-Constitution era.

• Article 214 states that there shall be a High Court for every State.
• Article 231 allows Parliament to establish a common High Court for two or more States or Union Territories.
• Article 216 specifies that a High Court shall consist of a Chief Justice and other judges appointed by the President.
• Article 215 declares every High Court a Court of Record, with the power to punish for contempt.
• Various other Articles regulate the appointment, tenure, removal, oath, salaries, and jurisdiction of judges.

With this constitutional framework in place, High Courts operate as courts of record with multiple jurisdictions that serve different functions.

Original Jurisdiction of High Courts

Original jurisdiction means that the High Court can hear certain cases for the first time, without these cases being tried in lower courts first. The original jurisdiction of High Courts is wide and covers several important matters:

Revenue Matters

High Courts have original jurisdiction over revenue cases concerning land revenue, tax assessments, and collections within the State.

Admiralty Jurisdiction

This relates to shipping, maritime law, collisions at sea, and other such matters.

Probate and Letters of Administration

High Courts have the power to grant probate (legal validation of wills) and letters of administration (authorisation to manage estates of deceased persons).

Matrimonial Causes

Disputes involving divorce, judicial separation, maintenance, and custody of children can be directly filed before High Courts.

Contempt of Court

High Courts can initiate proceedings against any person who disobeys court orders or scandalises the court.

Election Petitions

Challenges to the election of members to Parliament and State Legislatures fall under the original jurisdiction of High Courts.

Enforcement of Fundamental Rights

One of the most important original jurisdictions is the power to enforce fundamental rights under Article 226 of the Constitution.

Transferred Cases

Cases transferred from subordinate courts that involve constitutional questions can be heard originally by High Courts.

High-Value Civil Cases

In some High Courts (e.g., Bombay, Calcutta, Madras, Delhi), original jurisdiction extends to civil suits involving a high monetary value, allowing direct filing at the High Court.

This original jurisdiction ensures that High Courts act as courts of first instance in matters of great importance or complexity.

Writ Jurisdiction of High Courts Under Article 226

One of the most significant powers of the High Courts is the writ jurisdiction conferred by Article 226 of the Constitution. This empowers High Courts to issue five types of writs to enforce fundamental rights and for other legal purposes:

Habeas Corpus

Habeas Corpus is used to produce a person who has been detained unlawfully before the court. It protects personal liberty and is one of the most frequently used writs.

Mandamus

Mandamus is a command directing a public authority or official to perform a mandatory duty which they have failed to perform.

Prohibition

Prohibition restrains lower courts or tribunals from exceeding their jurisdiction or acting contrary to the principles of natural justice.

Certiorari

Certiorari quashes the order of a lower court or tribunal that has acted without jurisdiction or in violation of natural justice.

Quo Warranto

Quo Warranto challenges the legality of a person holding a public office, questioning by what authority they hold the position.

Under Article 226, High Courts can issue these writs not only to enforce fundamental rights but also for any other purpose. The jurisdiction to issue writs is broader than that of the Supreme Court under Article 32 because High Courts can issue writs against any person or authority within their territorial jurisdiction, even outside the state if the cause of action arises there.

Appellate Jurisdiction of High Courts

High Courts act as appellate courts in civil and criminal matters. If you are aggrieved by a judgment or order of a lower court, you can appeal to the High Court within the prescribed limits.

Civil Appeals

You may file an appeal against decisions from district courts or other subordinate civil courts to the High Court. The High Court reviews facts, evidence, and law before deciding on the appeal.

Criminal Appeals

High Courts hear appeals from sessions courts or other criminal courts against convictions, acquittals, or sentencing.

Statutory Appeals

Some statutes, such as the Income-tax Act and Customs Act, provide a right of appeal to High Courts against orders passed by lower authorities.

Constitutional Questions

If a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution, the High Court may withdraw the case and decide the constitutional question itself under Article 228.

The appellate jurisdiction empowers High Courts to correct errors in law or fact committed by subordinate courts and ensure justice.

Supervisory Jurisdiction of High Courts Under Article 227

Article 227 gives High Courts supervisory powers over all courts and tribunals within their territorial limits. This jurisdiction is very broad and includes the power to:

• Call for records from subordinate courts.
• Transfer cases from one subordinate court to another.
• Review and set aside orders of subordinate courts in cases of gross injustice or jurisdictional error, even when no appeal lies.

Supervisory jurisdiction allows High Courts to ensure lower courts function properly and within their legal limits. If you are facing injustice or abuse of jurisdiction at a lower court, you may approach the High Court under this jurisdiction for corrective action.

Disciplinary Jurisdiction of High Courts Over Subordinate Judiciary

In addition to judicial functions, High Courts have administrative control over subordinate judiciary under Article 235. This includes:

• Supervising conduct of judicial officers.
• Initiating disciplinary proceedings for misconduct or negligence.
• Regulating service conditions of subordinate court staff.

Through this disciplinary jurisdiction, High Courts maintain integrity, efficiency, and accountability in the subordinate judiciary.

Power of High Courts to Make Rules

High Courts have the power to frame rules for:

• Regulating their own procedures.
• Prescribing practice and procedure in subordinate courts.
• Fixing court fees, salaries, allowances, and pensions for officers and staff.

These rules ensure smooth functioning of the courts and uniformity in administration.

High Court as a Court of Record

Every High Court is a Court of Record. This means:

• Its decisions serve as legal precedents.
• It has the power to punish for contempt of court, protecting its dignity and authority.

The status of a Court of Record underscores the High Court’s importance in the judicial hierarchy.

Conclusion

The jurisdiction of High Courts in India is comprehensive, combining judicial, supervisory, writ, and disciplinary powers. They function as courts of first instance in many significant matters, appellate courts for subordinate courts, and constitutional guardians through their writ powers. Their supervisory and disciplinary roles ensure accountability and integrity of the subordinate judiciary.