Powers and Functions of the High Court

The High Court in India occupies a central position within the judicial system. As the highest court in a state, it plays an indispensable role in interpreting the Constitution, protecting fundamental rights, ensuring justice, and overseeing lower courts. Established under Articles 214 to 231 of the Constitution of India, the High Court’s powers and functions are a vital aspect of the country’s legal framework. 

Establishment and Jurisdiction of the High Court

The High Court is the highest judicial body in each state in India. Under Article 214 of the Constitution, there is a provision for the establishment of a High Court in every state. However, Article 231 further empowers the Parliament to establish a common High Court for two or more states or a combination of states and Union Territories. For instance, Haryana, Punjab, and the Union Territory of Chandigarh share a common High Court, while Tamil Nadu and Puducherry also share a High Court. The northeastern states of India have a similar arrangement. Currently, India has 25 High Courts, each exercising significant judicial authority.

Historically, the High Courts of Calcutta, Madras, and Bombay were established by the Indian High Courts Act of 1861, marking the beginning of the formal judicial structure in British India, which later evolved into the present-day High Court system.

The Jurisdiction of the High Court

The jurisdiction of the High Court is defined by the Constitution and extended through legislation. The High Court has broad and varied powers, which can be grouped into original, appellate, and constitutional jurisdiction.

Original Jurisdiction

The High Court exercises original jurisdiction in both civil and criminal matters. For example, the High Courts of Calcutta, Bombay, and Madras have original jurisdiction over cases arising within the cities of those respective states. Additionally, these courts have exclusive rights to hear civil cases involving property worth over Rs. 20,000, a significant provision that distinguishes them from other courts in India.

Moreover, all High Courts have original jurisdiction over cases relating to wills, divorce, contempt of court, and admiralty law. Election petitions are also heard by the High Courts. In matters of fundamental rights, the High Courts have the authority to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of fundamental rights and other legal rights under Article 226 of the Constitution.

Appellate Jurisdiction

The appellate jurisdiction of the High Court covers both civil and criminal cases. In civil cases, an appeal can be made to the High Court from the decisions of district courts. Furthermore, appeals are allowed from subordinate courts directly if the dispute value exceeds Rs. 5,000, or if the case involves questions of law or fact.

In criminal matters, the High Court has appellate jurisdiction over cases decided by Sessions and Additional Sessions Judges. The High Court can hear appeals if the Sessions Judge has awarded a sentence of imprisonment for seven years or more, or if the punishment includes the death penalty.

The High Court’s jurisdiction also extends to all cases under state or federal laws. Moreover, the High Court may hear constitutional cases where it certifies that a substantial question of law is involved.

Constitutional Jurisdiction

The constitutional jurisdiction of the High Court allows it to adjudicate matters concerning the interpretation of the Constitution. It also has the power to declare laws or ordinances unconstitutional if they are found to violate the provisions of the Indian Constitution. This judicial review power enables the High Court to act as a safeguard against arbitrary legislation and executive actions, ensuring that the laws enacted conform to the Constitution.

Powers of the High Court

The High Court’s powers extend beyond its jurisdictional reach. It possesses several important functions that contribute to the effective administration of justice.

Court of Record

As per Article 215 of the Constitution, the High Court is a Court of Record. This designation means that its judgements, orders, and records are preserved and can be referred to as precedents by subordinate courts when deciding cases. Being a Court of Record also grants the High Court the power to punish for contempt of court, a vital mechanism to maintain the dignity of the judiciary and ensure its authority is upheld in the face of unlawful interference.

Administrative Powers

The High Court has significant administrative powers over subordinate courts. This includes the authority to supervise, control, and regulate the functioning of lower courts in its jurisdiction. The High Court can issue orders to obtain details of the proceedings from subordinate courts, establish rules and procedures for their functioning, and transfer cases between courts when necessary.

Additionally, the High Court can transfer cases from subordinate courts to itself and decide on them directly, a provision that ensures that cases of particular importance or complexity are dealt with by the higher judiciary. The High Court also has the power to inquire into the records of any subordinate court, ensuring proper oversight of judicial functioning.

Another critical aspect of the High Court’s administrative power is its role in appointing the administrative staff of the court. The High Court has the authority to determine the conditions of service, salaries, and allowances for its staff, ensuring that the judiciary operates efficiently and with due regard to the legal framework established by the Constitution.

Judicial Review Power

The power of judicial review is a cornerstone of the High Court’s role in the Indian legal system. Under this power, the High Court can scrutinise laws, ordinances, and executive actions to ensure they do not contravene the Constitution. If a law or executive act is found to be unconstitutional, the High Court can strike it down. This power ensures the protection of fundamental rights and the supremacy of the Constitution, reaffirming the High Court’s role as a guardian of constitutional values.

Power of Certification

Under Article 132 of the Constitution, the High Court is empowered to certify cases that are suitable for appeal to the Supreme Court. This process involves the High Court examining a case to determine whether it involves a substantial question of law that requires the highest judicial body in India to make a final decision.

Autonomy of the High Court

The autonomy of the High Court is fundamental to its functioning as an independent judiciary. The independence of the judiciary in India is one of the core features of the Constitution, ensuring that the judiciary remains free from undue influence by the legislature and executive.

Appointment of Judges

The process of appointing judges to the High Court is independent of the legislature and the executive. The President of India appoints judges to the High Court in consultation with the Chief Justice of India and the Governor of the respective state. This system of appointment ensures that judges are appointed based on merit and judicial experience, rather than political considerations.

Tenure of Judges

High Court judges enjoy security of tenure until they reach the age of 62. They cannot be removed from office except through a process of impeachment, which requires a motion to be passed by both Houses of Parliament. This security of tenure is essential for ensuring the independence of the judiciary, as it protects judges from external pressures or political interference during their term of office.

Salaries and Allowances

The salaries and allowances of High Court judges are fixed by Parliament and cannot be altered to the disadvantage of the judges, except in the case of a financial emergency. These salaries are paid from the Consolidated Fund of the State, which ensures that the judiciary’s financial independence is safeguarded.

Conduct of Judges

The conduct of High Court judges is protected under the Constitution. Judges are immune from criticism in Parliament, unless a motion for their impeachment has been brought forward. This provision protects the integrity of the judicial process and ensures that judges can perform their duties without fear of reprisal or undue pressure.

Retirement and Post-Retirement Employment

After retirement, High Court judges are not permitted to hold any office of profit under the Government of India or a state. However, with the consent of the Chief Justice of India, retired judges may be appointed to temporary office in exceptional circumstances, particularly in the event of judicial vacancies during emergencies.

Conclusion

The High Court is a crucial institution in India’s judicial system. With its extensive jurisdiction, vast powers, and significant administrative functions, the High Court plays an essential role in ensuring justice, protecting fundamental rights, and maintaining the rule of law. Its autonomy, safeguarded by the Constitution, ensures that it can operate free from external influence, preserving its integrity and impartiality.

In a country as diverse and complex as India, the High Court stands as the guardian of the Constitution and an essential mechanism for upholding the principles of justice. Whether acting as a Court of Record, exercising powers of judicial review, or overseeing the functioning of subordinate courts, the High Court remains a pillar of India’s legal system, entrusted with the responsibility of ensuring fairness, justice, and accountability in the administration of law.