Powers And Functions Of High Court

Powers and Functions of the High Court

The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian Constitution talk about
the High Courts, their organisation and powers. The Parliament can also provide for the establishment of one
High Court for two or more states.

For instance, Haryana, Punjab and the Union Territory of Chandigarh have a common High Court. The
northeastern states also have one common High Court. In addition, Tamil Nadu shares a High Court with
Puducherry.

Currently, there are 25 High Courts in India. For a list of High Courts in India, check the linked article.

The High Courts of Calcutta, Madras and Bombay were established by the Indian High Courts Act 1861.

What are the functions of the High Court?

The functions of the High Court are described in the below section under subsections such as its jurisdiction,
powers, role, etc.

High Court Jurisdiction

The various kinds of the jurisdiction of the High Court are briefly given below:

Original Jurisdiction
• The High Courts of Calcutta, Bombay and Madras have original jurisdiction in criminal and civil cases
arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled to hear civil cases which involve
property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in order to enforce fundamental
rights.
• With respect to other cases: All High Courts have original jurisdiction in cases that are related to will,
divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.

Appellate Jurisdiction
• In civil cases: an appeal can be made to the High Court against a district court’s decision.
• An appeal can also be made from the subordinate court directly if the dispute involves a value higher than
Rs. 5000/- or on a question of fact or law.
• In criminal cases: it extends to cases decided by Sessions and Additional Sessions Judges.
• If the sessions judge has awarded imprisonment for 7 years or more.
• If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.
• In constitutional cases: if the High Court certifies that a case involves a substantial question of law.

High Court Powers

Apart from the above, the High Courts have several functions and powers which are described below.

As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or institution.

Administrative Powers
1. It superintends and controls all the subordinate courts.
2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
 4. It can transfer any case from one court to another and can also transfer the case to itself and decide the
same.
5. It can enquire into the records or other connected documents of any subordinate court.
6. It can appoint its administration staff and determine their salaries and allowances, and conditions of
service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power to declare any law or ordinance
unconstitutional if it is found to be against the Indian Constitution.

Power of Certification
A High Court alone can certify the cases fit for appeal before the Supreme Court.

High Court Autonomy

The independence of the High Courts can be corroborated by the points given below:

1. Appointment of Judges: The appointment of judges of the High Courts lies within the judiciary itself
and is not connected to the legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy the security of tenure till the age of retirement, which is
62 years. A High Court cannot be removed except by an address of the President.
3. Salaries and allowances: The High Court judges enjoy good salaries, perks and allowances and these
cannot be changed to their disadvantage except in case of a financial emergency. The expenses of the
High Court are charged on the Consolidated Fund of the State, which is not subject to vote in the state
legislature.
4. Powers: The Parliament and the state legislature cannot cut the powers and jurisdiction of the High
Court as guaranteed by the Constitution.
5. Conduct of judges: Unless a motion of impeachment has been moved, the conduct of the High Court
judges cannot be discussed in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an office of emolument under the
Government of India or that of a state. There is an exception to this clause, however, when, with the
consent of the Chief Justice of India, retired judges can be nominated to a temporary office, and in the
situation of emergencies.
The Powers of a High Court Judge
When most people think of high court judges, they think of powerful individuals who make life-changing
decisions. And while this is certainly true, there is much more to a high court judge than meets the eye. In this
article, we will discuss the various powers that high court judges have at their disposal. We will also talk about
how these powers can be used to benefit society as a whole. If you are interested in learning more about high
court judges, then this article is for you!

Who is the Judge Of A High Court?

The High Court is the highest in the land, and as such, its judges are among the most powerful people in the
country. But what exactly are their powers?

• For starters, High Court judges have the power to hear appeals from lower courts. This means that if
you’re unhappy with a decision made by a lower court, you can take your case to the High Court and
have it heard by a judge there.
• High Court judges also have the power to issue warrants and make arrests. This is usually done in cases
where someone is suspected of a crime but has not yet been charged. If the police believe that there is
enough evidence to charge someone with a crime, they will go to a High Court judge and ask for a
warrant.
• Finally, High Court judges have the power to hand down prison sentences. In most cases, only the most
serious crimes are tried in the High Court, so if you’re convicted of one of these crimes, you can expect
to receive a harsher sentence than if you were convicted in a lower court.
So there you have it: a brief overview of the powers of a High Court judge.

Qualifications Of A High Court Judge In India

The Constitution lays down the following qualifications for appointment as a Judge of a High Court:-

(i) he must have been an advocate of that court or two or more such Courts in succession for not less than ten
years; or

(ii) he must have held a judicial office in the territory of India for not less than ten years;

(iii) he must be a person who is, in the opinion of the President, eminent in some other branch of knowledge.

The appointment of a Judge of a High Court is made by the President after consultation with the Chief Justice of
India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the
Chief Justice of the High Court.

Responsibilities Of A High Court Judge

A High Court Judge is an important figure within the legal system. They are responsible for hearing and
deciding on a variety of cases, including criminal and civil matters. In addition to this, High Court Judges also
have the power to issue warrants, grant bail and make other important decisions that can affect the outcome of a
case.

As you can see, the role of a High Court Judge is both varied and important. If you are interested in becoming a
High Court Judge, then you must have a good understanding of the law and the powers that you would be
entrusted with.

Conclusion
High court judges have a range of powers that they can use to make decisions in cases before them. These
powers include the ability to make binding and final decisions, the power to order parties to do or not do
something, and the power to punish people for contempt of court. In some cases, high court judges may also be
able to refer a case to another court or issue an injunction. Students should be aware of these powers when
considering whether or not to apply for a judicial review.

The Powers of a Supreme Court Judge

The Supreme Court is in charge of interpreting the Constitution and adjudicating issues that arise under federal
legislation. Know more about this topic.

The Supreme Court is the highest in the country. It has nine

justices who are appointed by the President and confirmed by
the Senate. These justices serve for life unless they retire or
are impeached. The Supreme Court is responsible for
interpreting the Constitution and deciding cases that deal with
federal law. In this article, we will discuss the powers of a
Supreme Court justice and what you need to know about this
important institution!

A Brief Overview on Supreme Court Of India

• The Supreme Court of India is the highest judicial body in the country. It is also the apex court in the
Indian legal system. The court has a sanctioned strength of 31 judges, including the Chief Justice of
India. However, as per the Constitution of India, it can have a maximum strength of 34 judges. It
comprises both serving and retired judges who are appointed by the President of India. The court has
original, appellate and advisory jurisdiction.
• It is the final interpreter of the Constitution of India.It resolves conflicts between the country’s multiple
governments. The Supreme Court also plays a vital role in ensuring that Indian citizens’ fundamental
rights are protected.
• The court has a wide range of powers, which include the power to issue writs, the power of judicial
 review and the power to strike down laws.
• The Supreme Court has played a vital role in shaping the Indian Constitution and it continues to play an
important role in the country’s legal system.

Powers of Supreme Court Judge

• The Supreme Court is the highest in the country. The nine justices who serve on the court have the power
to interpret the Constitution and make decisions that can shape American society for generations.
• So what exactly are the powers of a Supreme Court judge? Let’s take a look.

• The most important power of a Supreme Court judge is the power of judicial review. This means that a
statute or governmental action can be declared unconstitutional by the Supreme Court. In the 1803 case
Marbury v. Madison, this power was established.
• Another important power of the Supreme Court is the power to issue a writ of habeas corpus. A writ of
habeas corpus is a court order that requires a person who is being held in custody to be brought before
a judge. This power ensures that people are not illegally detained by the government.
• The Supreme Court also has the power to decide cases that involve disputes between two or more states.
This is known as the court’s original jurisdiction.

Finally, the Supreme Court has the power to decide which

cases it will hear. This is known as the court’s discretionary
power. The Supreme Court usually hears cases that involve
important constitutional questions or that have been appealed
from lower courts.
These are just a few of the powers of the Supreme Court.

Benefits of Powers of a Supreme Court Judge

• The Supreme Court is the highest in the country.

• The Supreme Court has the power to hear appeals from lower courts.
• The Supreme Court has the power to set precedent, which means its rulings can be used as a guide in
future cases.
• The Supreme Court can also strike down laws that it deems to be unconstitutional.

• The Supreme Court is the final arbiter on all constitutional questions.

Conclusion
There is a lot of power that comes with being a Supreme
Court justice. The ability to shape the future of the country
and set precedent for generations to come is an immense
responsibility. As students, it’s important to be aware of what
goes into becoming a member of this prestigious group and
how they can make an impact on our society.