The Jurisdictions and the Powers of the High Courts Likewise the Supreme Court of India the High Courts in the states also exercise very wide and extensive powers and jurisdictions within its respective territorial jurisdictions. The Constitution has entrusted/invested several jurisdictions and powers to the High Courts in India which are as follows:- 1. The Court of Record:- Alike the Supreme Court of India the High Courts in the states are also the Courts of Record. Art. 215 provides that the High Court is to be the Courts of Record and furthermore it provides that every High Court shall be a Court of Record and shall have all the powers of such a Court including the power to punish for contempt of itself. The nature, scope and the manner of enforcement of the power of the High Courts under Art. 215 is similar to that of the Supreme Court under Article 129. Perusing the provision of Art. 215 there appears two fold dimensions that the Constitution have entrusted the power to the every High Court that; (a) the High Court is Court of Record or the judgements passed by the High Courts shall be preserved, protected and published and the same shall be produced or have its evidentary value before a court of law and the legality and the validity of the same can not be challenged/questioned before any court of law; (a) the High Courts have power to punish for contempt of itself that means any deragatory remarks which degenerated the dignity and the sanctity of the Honble High Court in its administration of justice shall be punished by the High Court itself. In the case of Pritam Pal v. High Court of M .P (1993)(1) SCC 529: AIR 1992 SC 904 the Honble Supreme Court has drawn a lineal differences in between the Contempt of Courts Act, 1971 and the Art. 215 of the Constitution and has held that the High Court acquires the power to contempt from Art. 215 itself and there is no necessary to invoke the provisions of any Act of Legislature i.e the Contempt of Court Act, 1971. 2. The General Jurisdictions:- The every High Courts in India have been invested/entrusted with wide jurisdictions. It has been contained in Art. 225 of the Constitution in the descriptions of General Jurisdiction . The Art. 225 of the Constitution provides the general jurisdictions of the High Courts and lays down the provisions of the jurisdiction of existing High Courts and it reads as subject to the provisions of this Constitution and to the provisions of any law of the appropriate Legislature made by virtue of powers conferred on that Legislature by this Constitution, the jurisdiction of, and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the Court, including any power to make rules of Court and to regulate the sitting of the Court and of members thereof sitting alone or in Division Courts, shall be the same as immediately before the commencement of this Constitution: [PROVIDED THAT any restriction to which the exercise of original jurisdiction by any of the High Courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this Constitution shall no longer apply to the exercise of such jurisdiction.] Art. 225 of the Constitution provides two fold effects and encorporates two basic aspects that- (i) it provides the provisions for the continuation of the jurisdictions of the High Courts existed in pre-Constitution period or immediately before the commencement of the Constitution; (ii) it provides the wide and unspecified general jurisdictions to the High Courts in descriptions as:- (a) the jurisdiction and the respective powers of the Judges thereof in relation to the administration of justice in the Court; (b) any power to make rules of Court ; (c) power to make rules to regulate the sittings of the Court and of members thereof sitting alone or in Division Courts; But as provided in the Art. 225 of the Constituion itself the jurisdictions as well as the laws administered by the High Courts can be restricted and regulated both by the Union and State Legislature in accordance with they are competent to make laws in the subjects or lists as provided in Seventh Sechdule of the Constitution. The Art. 225 furthermore provides the provisio thereby eleminating the restrictions imposed by sec. 226 of the Government of India Act, 1935 which laid down the provision as “ no High Court shall have any original jurisdiction in any matter concerning revenue”. Thus the matter concerning the revenue henceforth has been made one of the important original jurisdiction of the High Courts. Hence Art. 225 of the Constitution i.e the general jurisdictions of the Honble High Courts provides both the original and appelate jurisdictions in relation to the administration of justice in the Court or the jurisdiction in respect of subsantiality and the jurisdictions to make rules to run the Court or the jurisdictions in respect of proceduralities. Hence by the virtue of Art. 225 of the Constitution the Honble High Court acquire the following jurisdictions by means of which the administration of justice in every High Courts in India is performed which are as:- (i) The Original Jurisdictions; and (ii) The Appellate Jurisdictions; (i) The Original Jurisdictions:- The original jurisdictions of the High Court means that jurisdictions by which the Honble High Court take the cognizance of the matters being the court of first instance without being interfered by any subordinate judicial or quasi-judicial bodies. Any matters or desputes in the nature of civil or criminal which does not fall within the purview/ambit/jurisdictions of the subordinate courts/tribunals of a state, due to lack of pecuniary or territorial jurisdiction, can be filed directly before the High Court of the concern state and the same comes under the original jurisdictions of that particular High Court. Besides then this certain other matters or issues may also be filed before the High Court as a part of its original jurisdiction, if the law laid down by the legislature of that particular state provides for it. For, example, the matters or disputes relating to company law fall within the ambit of its original jurisdictions. In specification there are various types of original substantial jurisdictions of the High Courts and the same have been specifically described in the Indian High Courts Act of 1861 (24 & 25 Vict. c. 104). Under § 9 of the Act, it has been described as each High Court have all such powers and authority for and in relation to the administration of justice including original and appellate jurisdiction over civil, criminal, admiralty, vice-admiralty, testamentary, intestate, and matrimonial matters. After some variations and amendment at present the varieties of original jurisdictions of the High Courts have been encorporated. Some of them are as followes:- (a) The original jurisdiction of High Court extends to matters of admiralty, matrimonial, contempt of court and cases ordered to be transferred to High Court by lower court. (b) The High Courts of Bombay, Calcutta and Madras have original jurisdiction on hearing straightway cases involving the Christians and Parsies. (c) The High Courts of Bombay, Calcutta and Madras exercise the original civil jurisdiction when the valuation of suit involved is more than two thousand rupees. The every High Courts have its own Original Side Rules framed by itself to govern the High Court and to perform administration of justice in its original side jurisdictions which acquires its validity from Letter Patent of that particular High Court and it regulates both the judicial and administrative functions of the Honble Courts in its original side. (ii) The Appellate Jurisdictions:- Under Art. 225 of the Constitution the general appellate jurisdictions of the High Courts means that jurisdictions by which the High Courts shall hear the matters in dispute as a court of second instance and appeals referred by the parties being dissatisfied by the decisions of the trial courts or tribunals. Likewise, the every High Courts have its own Original Side Rules framed by itself to govern the High Court and to perform administration of justice in its original side jurisdictions there is also the Appellate Side Rules which also acquires its validity from Letter Patent of that particular High Court and it regulates both the judicial and administrative functions of the Honble Courts in its appellate side. The every High Court have its appellate jurisdictions in Civil and Criminal matters. I hereby hold the humble opinion before my readers that for knowing actual and real picture of jurisdictions of the High Court a brief discussion in regards to the both civil and criminal appellate jurisdictions of the High Courts becomes incumbent as because in the absense of these jurisdictions, the jurisdictions of the Honble High Courts is incomplete( I hold such opinion) . Hence I hereby give brief description of the same to my readers which are as:- (a) The Civil Appelate Jurisdictions:- Besides the appellate side rules, the civil appellate jurisdictions of the High Courts have been clearly and specifically/extensively provided in the Code of Civil Procedure, 1908 ( 5 of 1908). The part VII i.e the sec. 96 to 112 and the part VIII i.e the sec. 113 to 115 read with Order XLI – XLIV of the C. P Code deals with the provisions for appeal in Civil cases before the both District Judge and High Courts. (b) The Criminal Appellate Jurisdictions:- The powers of the High Court to hear a criminal case in appeal or to exercise its criminal appellate jurisdictions have specifically been provided in Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974). Sec. 374 of the Code provides for the appeals from convictions in general and includes appeals before the Court of Session, the High Court and the Supreme Court. Sec. 374(2) of the Code provides the criminal appellate jurisdictions of the High Court and which lays down as any person convicted on a trial held by a Session Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more then seven years has been passed against him or against any other person convicted at the same trial; may appeal to the High Court. Similarly, sec. 377 of the Code provides for appeal by the State Government against sentence before the High Court. Sec. 378 provides for the appeal before the High Court in case of acquittal by the Session Court. Similarly Sec. 395 of the Code provides for reference to the High Court and sec. 401 provides the High Courts powers of revision. These all are the criminal appellate jurisdictions of the High Court. 3. The Power of Superintendence:- As I have already discussed above with my dear readers that the judiciary in India is in hiearchical and pyramidical manner and one being superior over another, the Constitution lays down the schemes to run the judicial administration more efficiently or the superior court have been designed to control over the inferior courts in India. Hence in the likewise manner the High Courts in India have been inveted with wide jurisdictions/powers to superintendence or controll over the subordinate courts or tribunals within the territorial jurisdictions of which they exercise their jurisdictions. This is for the purpose of the uniformity, efficency and maintaining the judicial descipline for the purpose of better administration of justice by the subordinate courts. Art. 227 of the Constitution provides the powers to the High Courts to superintendence over all Courts and Tribunals subordinate to it. Art. 227 (1) lays down as every High Court shall have superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction. (2) Without prejudice to the generality of the forgoing provisions, the High Court may- (a) call for returns from such Courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such Courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such Courts and to attorneys, advocates and pleaders practising therein: PROVIDED THAT any rules made, forms prescribed or tables settled under Cl. (2) or Cl. (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of supereintendence over any Court or Tribunal constituted by or under any law relating to the Armed Forces. The Clause (4) of Art. 227 is the exception to the remaining provisions that the High Court does not have powers of superintendence over any Court or Tribunal constituted by or under any law relating to the Armed Forces. 4. The Power to issue certain writs:- Now I hereby want to discuss about the power of the High Courts to issue certain writs or how the fundamental rights and other legal rights of the people are executed, protected and implemented by the High Courts in India. Hence when there is violation/encroachment/breach of the provisions of fundamental rights and other legal rights then the aggrieved person can go for the shelter of the Honble High Courts under Art. 226 of the Constitution by filing a writ petition against the violator/encroacher state and other individuals for seeking relief. As soon as a petition is filed as a writ petition then Honble High Courts dispose off the petition perusing the petition and seeing the prima facie case of the petition. Sometimes the writ petition will also be disposed off after due contest. If the Honble Courts are satisfied that there is in fact violation/encroachment/breach of any of the fundamental rights or other legal rights then Honble Courts shall issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by the Part III against any person, constitutional, statutory and non-statutory bodies. I hereby discuss the provisions as contained in Art. 226 of the Constitution which provides as the power of High Courts to issue certain writs. In clause (1) it reads as notwithstanding anything in Art. 32, every High- Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories, directions, orders or writs, including, [writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari or any of them for the enforcement of any of the rights conferred by Part III and for any other-purpose.] As discussed in the above Constitutional provisions I hereby feel necessary to give brief description about the nature and the kinds of writs to my dear readers. There are five writs which are as follows:- (i) Habeas corpus (ii) Mandamus (iii) Prohibition (iv) Certiorary and (v) Quo Warranto (i) Habeas Corpus:- “Habeas Corpus” is a Latin term and the meaning of these words is “you may have the body”. This writ is issued by the Honble High Courts in case of the illegal detention of the victim. By issuing this writ the Honble Court will give directions to the police or the prison authorities to ensure the presence of the victim before the nearest court of Magistrate. Either the victim or his relative or friend can apply for this writ. In the famous case of A.K Gopalan vs. State of Madrass, AIR 1950 SC 27 the Honourable Supreme Court has held that the writ of habeas corpus will be issued against the authorities exercising their functions in mala fide manner and for the ulterior purpose. (ii) Mandamus:- The literal meaning of the word “mandamus” is “the order”. The writ of mandamus is thus an order by the Honble High Court commanding any person, constitutional, statutory and non-statutory bodies to do or forbear to do something in the nature of public duty and in some cases a statutory duty. (iii) Prohibition :- The writ of Prohibition is a such kind of writ by issuing this writ the Honble Courts prevents an inferior court or tribunal for its act of extra jurisdictional act and also directs the inferior courts to do particular act where there is absence of jurisdiction ( S. Govinda Menon vs. Union of India, AIR 1967 SC 1274.) (iv) Certiorary :- This is one kind of writ which is issued by the Honble High Court quashing the order of the judicial or quasi-judicial body where there is want or excess of jurisdiction; where there is violation of procedure and violation of principle of natural justice and where there is error of jurisdiction. (v) Quo Warranto:- The meaning of words quo warranto is what is your authority. This writ is issued to prevent the person who is illegally appointed to a public office from holding that post. The jurisdictions and the powers of the Honble High Courts are almost similar to that of the Honble Supreme Court excet some exceptions:- (a) Any law declared or orders/judgments passed by the High Court are not binding upon the subordinate courts under the jurisdictions of other High Courts of the other states unless the others High Courts choose to follow such law or orders/judgments. (b) The jurisdictions of the High Courts are varied. (c) No High Court is superior over the other. All the High Courts have the same status under the Constitution. Hence above all are the details and the provisions for the Jurisdictions and the powers of the Honble High Courts in India which is very wide and extensive in nature. Right from the existence of these, the High Courts in India have played a vital and remarkable role to protect the largest democracy of the world. The contributions given by the High Courts in the filed of human right, especially in the rights of the women and child, guidance given by it to make fair and clean environment, abolition of child and bonded labour system including women trafficking or immoral trafficking, reformations in the election laws and several directions given to the Govt. And Election Commissions to implement it, elemination of the corruptions and free and compulsory education, smooth functioning of public distribution system is appreciable. So many social changes have been taken by these initiation this fact also we can not deny. Last but not the least is that, though there are appropriate actions taken by the High Courts to provide social justice but despite of that we are very far from our destination, the lacunea in it is that which is non -execution or improper execution of the order or the guidance/directions of the Honble Courts. Lastly I hereby conclude todays my writing stating that all the “We the people of India” should be concerned and bothered at least to keep minimum expectation or standard so that we can claim ourselves to be the citizen of the largest democracy of the world without any hesitation or true Indian. These all are for the purpose of kind informations to my dear readers and facebook friends...............! Jai Hind.....................! Soliciting Yours kind suggestions......................! Sourav Subba, B.A (Law) LL.M, WBJS Date: 15.01.2015 Place: Diamond Harbour, Calcutta.
Posted on: Thu, 15 Jan 2015 03:16:02 +0000
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