In this article you will learn about the Functions of High Courts in India in Political Science.
Functions of High Courts in India
The High Courts in India are the second-highest judicial forum in the country, after the Supreme Court. They have several functions and powers that are crucial to the functioning of the Indian legal system. Some of the key functions of High Courts in India include :
Adjudication of Cases : The High Courts are primarily responsible for adjudicating civil and criminal cases that are appealed from lower courts. They also have original jurisdiction in certain matters, such as writ petitions and public interest litigation.
Supervision of Subordinate Courts : The High Courts exercise supervisory jurisdiction over all subordinate courts within their respective jurisdictions. This includes the power to transfer cases from one court to another, issue directions to lower courts, and ensure that the law is being correctly applied.
Protection of Fundamental Rights : The High Courts play a crucial role in protecting the fundamental rights of citizens. They can issue writs, such as habeas corpus, mandamus, and certiorari, to protect these rights and ensure that the government and other public authorities act in accordance with the law.
Review of Legislative Actions : The High Courts have the power to review the actions of legislative bodies, such as state governments and local authorities, to ensure that they are acting within the bounds of the law and not infringing upon the rights of citizens.
Appointment and Transfer of Judges : The High Courts have a significant role in the appointment and transfer of judges to subordinate courts within their respective jurisdictions.
Administration of Justice : The High Courts also play a key role in the administration of justice in their respective states or union territories. This includes the management of court infrastructure, appointment of court staff, and establishment of rules and procedures for the efficient functioning of the court system.
Each High Court has a very wide jurisdiction. A large number of cases come under the high court’s jurisdiction. It enjoys both the original as well as appellate jurisdiction.
1. (a) Original Jurisdiction : The High Courts of Calcutta, Bombay and Madras possess original jurisdiction in civil as well as criminal cases arising within these presidency towns. They are authorised to hear a civil case involving property of the value of rupees 20,000 or more. This is an absolute right enjoyed by these three High Courts. In fact this was the power with these Courts before independence and it has been retained in the Constitution of India. Other High Courts also continue to enjoy the same jurisdiction as was available to them before the independence.
(b) Jurisdiction regarding Fundamental Rights : Under Article 226, the High Courts have been empowered to issue writs in order to enforce fundamental rights.
(c) All High Courts possess original jurisdiction in cases relating to will, divorce, admiralty and contempt of court.
2. Appellate Jurisdiction - The Appellate Jurisdiction of a High Court extends to both civil as well as criminal cases.
(a) Appellate Jurisdiction in Civil Cases : In a civil case appeal to the High Court lies from the decision of a district court. An appeal can also be made from the subordinate courts directly, provided the dispute involves a value higher than rupees 5,000 or on a question of fact or law. Thus to a high court, appeal can be either a first appeal or can be a second appeal. When a court subordinate to the high court decides any appeal from the decision of an inferior court, a second appeal can be made to the High Court. Such an appeal is made only on the question of law and procedure and not on question of fact.
(b) Jurisdiction in Criminal Cases : An appeal to the High Court lies in case the Session Court has awarded the punishment of 4 years or more. All cases involving capital punishment awarded by the Session Court come to the High Court as appeals. A death sentence awarded to a criminal by a Session Court can be carried out only if the High Court upholds the decisions.
This article on Functions of High Courts in India in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.