High Courts in India exercise various types of jurisdiction, each serving a specific purpose. These include original jurisdiction, writ jurisdiction, appellate jurisdiction, and supervisory jurisdiction.
1. Original Jurisdiction:
Definition:
- Original jurisdiction refers to the power of a court to hear cases directly, without them being heard by lower courts first.
High Court’s Original Jurisdiction (Article 226):
- Article 226 of the Constitution of India confers original jurisdiction on High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. This power is broader than the original jurisdiction of the Supreme Court, which is confined to disputes between the Union and states.
Nature of Cases:
- High Courts can hear cases related to the violation of fundamental rights and other matters within their territorial jurisdiction.
Limitation:
- While exercising original jurisdiction, High Courts cannot entertain cases related to armed forces and matters falling under Article 131 (original jurisdiction of the Supreme Court).
2. Writ Jurisdiction:
Definition:
- Writ jurisdiction allows a court to issue writs as a remedy for the enforcement of fundamental rights and other legal rights.
High Court’s Writ Jurisdiction (Article 226):
- Article 226 empowers High Courts to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights and other purposes.
Nature of Cases:
- Writs are often sought to challenge government actions, administrative decisions, or violations of fundamental rights.
Wide Scope:
- The scope of Article 226 is wider than that of Article 32 (which grants similar powers to the Supreme Court), as High Courts can issue writs not only for the enforcement of fundamental rights but also for other legal rights.
3. Appellate Jurisdiction:
Definition:
- Appellate jurisdiction allows a court to hear appeals from lower courts and tribunals.
High Court’s Appellate Jurisdiction (Article 227):
- Article 227 confers appellate jurisdiction on High Courts. While it does not specifically mention appellate jurisdiction, the article grants High Courts the power of superintendence over all courts and tribunals within their jurisdiction.
Nature of Cases:
- High Courts can hear appeals against orders of subordinate courts and tribunals to ensure that they are functioning within their legal authority.
Supervisory Role:
- The power under Article 227 is not strictly appellate but includes a supervisory role to keep subordinate courts within the bounds of their jurisdiction.
4. Supervisory Jurisdiction:
Definition:
- Supervisory jurisdiction allows a higher court to oversee and control the decisions and actions of lower courts.
High Court’s Supervisory Jurisdiction (Article 227):
- As mentioned earlier, Article 227 not only confers appellate jurisdiction but also provides High Courts with the power of superintendence over all courts and tribunals within their jurisdiction.
Nature of Cases:
- High Courts can use their supervisory jurisdiction to ensure that lower courts and tribunals function within their legal authority and do not exceed their jurisdiction.
Preventive and Corrective Powers:
- The supervisory jurisdiction is both preventive and corrective, allowing High Courts to intervene to prevent errors of jurisdiction and to correct such errors if they occur.
In summary, the High Courts in India play a multifaceted role with original, writ, appellate, and supervisory jurisdictions. These powers are crucial for ensuring the protection of fundamental rights, maintaining the rule of law, and overseeing the functioning of the entire judicial system
