Question

explain the main power and funtion of the high coart brifly but in easy language ​

Answer 1

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The Constitution of India has not made any clear and detailed description of the powers and functions of the High Court as it has done in the case of the Supreme Court. The Constitutions says that the Jurisdiction of the High Court shall be the same as immediately before the commencement of the Constitution, subject to the provisions of the constitution and the laws made by the appropriate legislature.

The powers and functions of the High Court can be divided as follows:

$\bigstar$ Original Jurisdiction

Original jurisdiction in relation to high court refers to the authority of the high court to hear and decide cases for the first time.

The original criminal jurisdiction of the High Court has, however, been abolished by the Criminal Procedure code, 1973.

The Supreme Court can issue the writs only for the enforcement of fundamental rights and not for other purposes. The power of the High Court to issue writs in the nature of habeas corpus cannot be curtailed even during emergency.

$\bigstar$ Judging the validity of laws

In the original Constitution the High Courts were given powers of judging the validity of the Central and the State laws. But the 42nd Amendment of the Constitution took away the powers of the High Courts to determine the validity of the central laws and put various conditions on their powers of judging the validity of the State laws.

$\bigstar$ Powers of superintendence

Every High Court has a general power of superintendence over all the lower courts and tribunals within its jurisdiction except military courts and tribunals. By virtue of this power the High Court can call for returns from such courts; make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and prescribe forms in which books, entries and accounts shall be kept by the officers of any such court.

$\bigstar$ Powers of taking up cases

If a case is pending before a sub-ordinate court and the High Court is satisfied that it involves a substantial question of the constitutional law, it can take up the case and decide it itself.

$\bigstar$ Control over sub-ordinate courts

The High Court can control the subordinate courts in the State. It is to be consulted by the Governor in the matter of appointing, posting and promoting district judges. The High Court plays an important role in the appointment, promotion, etc. of the staff of the subordinate courts including the District Court.