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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 7, 20242024-05-07T09:02:36+05:30 2024-05-07T09:02:36+05:30In: Political Science

Explain Jurisdiction of High Courts.

Explain Jurisdiction of High Courts.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-07T09:04:03+05:30Added an answer on May 7, 2024 at 9:04 am

      The jurisdiction of High Courts in India is defined by the Constitution and other relevant laws, outlining the scope of their authority and the types of cases they have the power to adjudicate. High Courts are the highest judicial authorities in the states and union territories, with jurisdiction extending over both civil and criminal matters. Here is an explanation of the jurisdiction of High Courts in India:

      1. Original Jurisdiction: High Courts have original jurisdiction to hear and decide certain types of cases that are initiated directly before them, without being transferred from lower courts. This includes cases involving disputes between private individuals, companies, or entities within the territorial jurisdiction of the High Court, provided that the dispute meets the criteria for original jurisdiction specified by law.

      2. Appellate Jurisdiction: High Courts serve as appellate courts, hearing appeals from lower courts within their territorial jurisdiction. They have the authority to review decisions and judgments made by subordinate courts, tribunals, or quasi-judicial bodies, and to determine whether errors of law or fact occurred in the lower court's proceedings. High Courts may have appellate jurisdiction over both civil and criminal cases, depending on the laws governing the specific types of appeals.

      3. Writ Jurisdiction: High Courts have the power to issue writs, orders, or directions to enforce fundamental rights guaranteed by the Constitution. This includes writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto, which are intended to protect individuals from arbitrary actions by the state or its authorities. High Courts can exercise writ jurisdiction to safeguard fundamental rights and ensure that government actions comply with constitutional principles.

      4. Supervisory Jurisdiction: High Courts have supervisory jurisdiction over subordinate courts and tribunals within their territorial jurisdiction. This includes the power to review the proceedings of lower courts, correct errors of law or procedure, and ensure that justice is administered fairly and impartially. High Courts may exercise supervisory jurisdiction through powers of superintendence, revision, or control, depending on the laws governing the administration of justice in the respective states.

      5. Administrative Jurisdiction: High Courts have administrative jurisdiction over judicial officers and personnel within their territorial jurisdiction. They are responsible for the appointment, transfer, discipline, and promotion of judges, magistrates, and other court staff, in accordance with the rules and procedures established by law. High Courts also oversee the functioning and administration of subordinate courts, ensuring the efficient and effective delivery of justice to the people.

      6. Constitutional Jurisdiction: High Courts have the power to interpret and enforce the provisions of the Constitution within their territorial jurisdiction. They serve as guardians of the Constitution, ensuring that laws and actions of the state comply with constitutional principles and fundamental rights. High Courts may hear cases involving constitutional issues, including challenges to the validity of laws, executive actions, or governmental policies, and provide remedies or relief as appropriate.

      In summary, the jurisdiction of High Courts in India encompasses original, appellate, writ, supervisory, administrative, and constitutional matters, allowing them to serve as the highest judicial authorities in the states and union territories. High Courts play a crucial role in safeguarding rights, ensuring justice, and upholding the rule of law, thereby contributing to the functioning and integrity of India's legal system.

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