b) Describe in detail the powers and functions of the High Court.
Answers
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
It superintends and controls all the subordinate courts.
It can ask for details of proceedings from subordinate courts.
It issues rules regarding the working of the subordinate courts.
It can transfer any case from one court to another and can also transfer the case to itself and decide the same.
It can enquire into the records or other connected documents of any subordinate court.
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.
Answer:
high court is the biggest court and the decision of the court is the final decision of all the court
Explanation:
if high take any decision then non of the court will change the order
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