A Comprehensive Overview of the Power and Functions of High Courts in India

High courts in India play a crucial role in the country's judicial system. They are the highest courts in a state or union territory and have extensive powers and functions that encompass both original and appellate jurisdiction.
Original Jurisdiction:
-
Civil Cases: High courts have the power to hear civil cases involving property worth over Rs. 20,000.
-
Writs: High courts can issue writs, which are orders to enforce fundamental rights guaranteed by the Indian Constitution. Writs include habeas corpus (to prevent unlawful detention), mandamus (to compel performance of a legal duty), prohibition (to prevent an inferior court or tribunal from exceeding its jurisdiction), certiorari (to quash an order of a lower court), and quo warranto (to challenge the validity of a person holding a public office).
-
Matrimonial Cases: High courts have the authority to hear divorce cases, cases related to wills and succession, and admiralty cases (relating to maritime law).
-
Election Petitions: High courts can adjudicate election petitions challenging the election of members of Parliament and state legislatures.
Appellate Jurisdiction:
-
Appeals from Subordinate Courts: High courts have the power to hear appeals from judgments and orders of subordinate courts within their jurisdiction.
-
Letters Patent Appeals: High courts can hear appeals from judgments and orders of certain courts of first instance, which were established under the Letters Patent issued by the British Crown during colonial rule.
Administrative Powers:
-
Supervision of Subordinate Courts: High courts have supervisory control over all subordinate courts within their jurisdiction. They can issue directives, rules, and regulations to ensure the proper functioning of subordinate courts.
-
Contempt Power: High courts have the power to punish for contempt of court, which includes any act that disrupts or interferes with the administration of justice.
-
Appointment and Removal of Officers: High courts have the power to appoint and remove certain officers of subordinate courts, such as registrars and other court staff.
Other Functions:
-
Judicial Review: High courts have the power to review the constitutionality of laws and acts passed by the state legislature and the central government.
-
Guardian of Fundamental Rights: High courts act as guardians of fundamental rights and can enforce these rights through writs and other remedies.
-
Interpretation of Laws: High courts have the power to interpret the meaning and application of laws, including the Constitution.
In summary, high courts are the backbone of the Indian judicial system. They play a vital role in upholding the rule of law, protecting fundamental rights, and ensuring justice for all citizens.