Question 14 Marks
Describe the Jurisdictions of the High Court.
Answer
View full question & answer→Parliament determines the territorial jurisdiction of every High Court.
[Guwahati High Court has territorial jurisdiction over Assam and six other states in the north-east. The High Court has benches at Kohima, Aizawl, Imphal, Shillong. Agartala and Itanagar.]
The Jurisdictions of the High Court are as follows:
1. Original Jurisdiction: The High Courts have Original Jurisdiction in the following matters:
(1) The High Courts have been given power to admit writ petitions of citizens regarding violation of their fundamental rights. They have power to issue writs of Habeas Corpus. Mandamus, Certiorari, Quo Warranto and Prohibition.
(2)The High Court admits election petitions. challenging the validity of a member of Parliament or the State Legislature.
(3) The High Court is given the power of judicial review and thereby declare any law, executive order or judicial decision as unconstitutional.
(4) The High Court admits a civil case when the amount is above rupees twenty five thousand.
(5) It has original jurisdiction in matters of admiralty, will, divorce, marriage laws, company law and contempt of court.
2. Appellate Jurisdiction: The High Courts have Appellate Jurisdiction in civil and criminal matters as under:
(1) An appeal in civil case is of two types:
(a) First Appeal: Appeals from the decisions of the District Court in case of a higher value.
(b) Second Appeal: When a single judge of the High Court decides a civil matter, appeal may be filed with the Appellate side of the High Court.
(2) An appeal in criminal cases against the decisions of the District Session Court or the Metropolitan Magistrate's Court where the sentence of imprisonment exceeds seven years.
3. Supervisory Jurisdiction: It supervises and exercises control over all courts and tribunals within its territorial jurisdiction.
It advises the Governor of state regarding posting, promotion otion and disciplinary action for the person in the judicial service of the state.
[Guwahati High Court has territorial jurisdiction over Assam and six other states in the north-east. The High Court has benches at Kohima, Aizawl, Imphal, Shillong. Agartala and Itanagar.]
The Jurisdictions of the High Court are as follows:
1. Original Jurisdiction: The High Courts have Original Jurisdiction in the following matters:
(1) The High Courts have been given power to admit writ petitions of citizens regarding violation of their fundamental rights. They have power to issue writs of Habeas Corpus. Mandamus, Certiorari, Quo Warranto and Prohibition.
(2)The High Court admits election petitions. challenging the validity of a member of Parliament or the State Legislature.
(3) The High Court is given the power of judicial review and thereby declare any law, executive order or judicial decision as unconstitutional.
(4) The High Court admits a civil case when the amount is above rupees twenty five thousand.
(5) It has original jurisdiction in matters of admiralty, will, divorce, marriage laws, company law and contempt of court.
2. Appellate Jurisdiction: The High Courts have Appellate Jurisdiction in civil and criminal matters as under:
(1) An appeal in civil case is of two types:
(a) First Appeal: Appeals from the decisions of the District Court in case of a higher value.
(b) Second Appeal: When a single judge of the High Court decides a civil matter, appeal may be filed with the Appellate side of the High Court.
(2) An appeal in criminal cases against the decisions of the District Session Court or the Metropolitan Magistrate's Court where the sentence of imprisonment exceeds seven years.
3. Supervisory Jurisdiction: It supervises and exercises control over all courts and tribunals within its territorial jurisdiction.
It advises the Governor of state regarding posting, promotion otion and disciplinary action for the person in the judicial service of the state.