Powers and Jurisdictions of High Court of India - Polity Lecture 62
59.4 هزار بار بازدید -
4 سال پیش
-
In this video I have
In this video I have discussed Powers and Jurisdictions of High Court of India - Indian Polity Laxmikanth Lecture - 62.
JURISDICTION AND POWERS OF HIGH COURT-
Like the Supreme Court, the high court has been vested with quite extensive and effective powers. It is the highest court of appeal in the state. It is the protector of the Fundamental Rights of the citizens. The Constitution also confers (by other provisions) some more additional powers on a high court like writ jurisdiction, power of superintendence, consultative power, etc. Moreover, it empowers the Parliament and the state legislature to change the jurisdiction and powers of a high court. At present, a high court enjoys the following jurisdiction and powers:
1. Original jurisdiction.
2. Writ jurisdiction.
3. Appellate jurisdiction.
4. Supervisory jurisdiction.
5. Control over subordinate courts.
6. A court of record.
7. Power of judicial review.
Original Jurisdiction-
It means the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to the following:
(a) Matters of admirality, will, marriage, divorce, company laws and contempt of court.
(b) Disputes relating to the election of members of Parliament and state legislatures.
(c) Regarding revenue matter or an act ordered or done in revenue collection.
(d) Enforcement of fundamental rights of citizens.
(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
Writ Jurisdiction-
Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quowarrento for the enforcement of the fundamental rights of the citizens and for any other purpose.
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.
Appellate Jurisdiction-
A high court is primarily a court of appeal. It hears appeals against the judgements of subordinate courts functioning in its territorial jurisdiction. It has appellate jurisdiction in both civil and criminal matters.
(a) Civil Matters The civil appellate jurisdiction of a high follows:
First appeals from the orders and judgements of the district courts, additional district courts and other subordinate courts lie directly to the high court
Second appeals from the orders and judgements of the district court or other subordinate courts lie to the high court in the cases involving questions of law only (and not questions of fact).
Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court.
(b) Criminal Matters The criminal appellate jurisdiction of a high court is as follows:
(i) Appeals from the judgements of sessions court and additional sessions court lie to the high court if the sentence is one of imprisonment for more than seven years. It should also be noted here that a death sentence (popularly known as capital punishment) awarded by a sessions court or an additional sessions court should be confirmed by the high court before it can be executed, whether there is an appeal by the convicted person or not.
(ii) In some cases specified in various provisions of the Criminal Procedure Code (1973), the appeals from the judgements of the assistant sessions judge, metropolitian magistrate or other magistrates (judicial) to the high court.
Supervisory Jurisdiction-
A high court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts or tribunals). Thus, it may—
(a) call for returns from them;
(b) make and issue, general rules and prescribe forms for regulating the practice and proceedings of them;
(c) prescribe forms in which books, entries and accounts are to be kept by them; and
(d) settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.
--------------------------------------------------------
For pdf, click on the link: https://studyglows.com/pdf/
Telegram link: https://t.me/study_glows
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-------------------------------------------------
#Polity #Laxmikant #UPSC #IAS
JURISDICTION AND POWERS OF HIGH COURT-
Like the Supreme Court, the high court has been vested with quite extensive and effective powers. It is the highest court of appeal in the state. It is the protector of the Fundamental Rights of the citizens. The Constitution also confers (by other provisions) some more additional powers on a high court like writ jurisdiction, power of superintendence, consultative power, etc. Moreover, it empowers the Parliament and the state legislature to change the jurisdiction and powers of a high court. At present, a high court enjoys the following jurisdiction and powers:
1. Original jurisdiction.
2. Writ jurisdiction.
3. Appellate jurisdiction.
4. Supervisory jurisdiction.
5. Control over subordinate courts.
6. A court of record.
7. Power of judicial review.
Original Jurisdiction-
It means the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to the following:
(a) Matters of admirality, will, marriage, divorce, company laws and contempt of court.
(b) Disputes relating to the election of members of Parliament and state legislatures.
(c) Regarding revenue matter or an act ordered or done in revenue collection.
(d) Enforcement of fundamental rights of citizens.
(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
Writ Jurisdiction-
Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quowarrento for the enforcement of the fundamental rights of the citizens and for any other purpose.
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.
Appellate Jurisdiction-
A high court is primarily a court of appeal. It hears appeals against the judgements of subordinate courts functioning in its territorial jurisdiction. It has appellate jurisdiction in both civil and criminal matters.
(a) Civil Matters The civil appellate jurisdiction of a high follows:
First appeals from the orders and judgements of the district courts, additional district courts and other subordinate courts lie directly to the high court
Second appeals from the orders and judgements of the district court or other subordinate courts lie to the high court in the cases involving questions of law only (and not questions of fact).
Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court.
(b) Criminal Matters The criminal appellate jurisdiction of a high court is as follows:
(i) Appeals from the judgements of sessions court and additional sessions court lie to the high court if the sentence is one of imprisonment for more than seven years. It should also be noted here that a death sentence (popularly known as capital punishment) awarded by a sessions court or an additional sessions court should be confirmed by the high court before it can be executed, whether there is an appeal by the convicted person or not.
(ii) In some cases specified in various provisions of the Criminal Procedure Code (1973), the appeals from the judgements of the assistant sessions judge, metropolitian magistrate or other magistrates (judicial) to the high court.
Supervisory Jurisdiction-
A high court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts or tribunals). Thus, it may—
(a) call for returns from them;
(b) make and issue, general rules and prescribe forms for regulating the practice and proceedings of them;
(c) prescribe forms in which books, entries and accounts are to be kept by them; and
(d) settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.
--------------------------------------------------------
For pdf, click on the link: https://studyglows.com/pdf/
Telegram link: https://t.me/study_glows
Follow Siddhant Agnihotri on Facebook:
Facebook: siddhant.agnihotri.121
Follow Rashi Singhal on Facebook:
Facebook: urmi.singhal
Rashi Singhal Study Glows:
Facebook: Rashi-Singhal-Study-Glows-574385636372783
Sid_E Connect:
Facebook: Sid_E-Connect-686107645100756
-------------------------------------------------
#Polity #Laxmikant #UPSC #IAS
4 سال پیش
در تاریخ 1399/02/23 منتشر شده
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