Question

Examine the function of High Court.

Answer 1

*THE COURT IS TO FIRST FOLLOWED BY JUSTICE.

*HIGH COURT WILL BE A COURT OF JUSTICE.

* HIGH COURTS ARE IN 3 PLACES THEY ARE IN .CALCUTTA,BOMBAY,CHENNAI.

Answer 2

HomeIndian PolityPowers And Functions Of High Court
Powers And Functions Of High Court
November 10, 2015
The powers and functions of High Courts have not been described in detail in the constitution. Before the present constitution was adopted, the High Courts with well defined powers, were functioning in different states. Thus, the framers of the constitution did not feel the need of describing in detail the jurisdiction of High Courts. On the other hand, the Supreme Court, being a new creation, required a dear definition of its powers and jurisdiction. The powers and functions of High Courts-maybe discussed under the following five heads:

l. Original Jurisdiction:

(a) Fundamental Rights:

(b) Election Cases:

(c) Marriage and Divorce:

2. Appellate Jurisdiction:

Civil cases refer to property, marriage, adoption etc. while criminal cases cover crimes like murder, bribery, injury etc. The Forty Second Amendment disallowed the High Court to hear appeals against Tribunals and the decisions of various Corporations established under the law of the state. But this restriction on the High Court’s appellate jurisdiction was removed by the Forty Third Amendment.

3. Supervisory Jurisdiction:

(a) call for return from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceeding of such courts and

(c) prescribe forms in which books, entries and accounts are to be kept by the officers of such courts.

The power of superintendence, vested in the High Court, is judicial as well as administrative in nature. The High Court is thus in charge of the administration of justice in the state. It is important to note that the Supreme Court has no similar power vis-a-vis the High Courts.

4. Administrative Jurisdiction: The officers and servants (employees) of the High Court are under its total control. They are appointed by the Chief Justice or any other Judge or officer of the High Court, as he may direct (Article 229). However, the High Court may be required by the Governor of the state to consult the Public Service Commission while appointing the officers and staff of the High Court.

The Chief Justice has the power to suspend or dismiss any of the officers or servants of the High Court. He or any other Judge of the High Court authorized by him, shall determine the service conditions of its officers and staff subject to any act of the state legislature.

The administrative expenses of the High Court are charged upon the Consolidated Fund of the State. These are non-votable.

5. Power to Transfer cases from Subordinate Courts :

(i) it will dispose of the case; or

(ii) it will determine the question of law and return the case to the concerned court along with its judgement and direct tnat court to dispose of the case in conformity with this judgement.

The exercise of this power by this High Court serves a good purpose. It prevents multiple and conflicting interpretations of tile constitutions by Subordinate Courts.

The High Court has also the power to call for any records from any Subordinate Court to examine the orders passed by them. In exercising this power, the High Court seeks to ensure that the orders passed by the Subordinate Courts are legal and correct.

6. A Court of Record: The High Court is a Court of Record.

Its decisions are binding for all Subordinate Courts. The decisions and proceedings of the High Court have evidentiary value and no Subordinate Court can challenge them.

7. Miscellaneous Powers:

(a) The High Court has the power to send for the judgment of lower court. By exercising this power, the High Court can examine the legal validity of this judgment.

(b) The High Court can punish any person or institution for contempt of court.

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