High court and Supreme Court It's function and features
Answers
he 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-may be discussed under the following five heads:
Original Jurisdiction:
In some matters cases can be directly filed in the High Courts. This is Called the original jurisdiction of the High Court.
(a) Fundamental Rights: Our constitution has given Fundamental Rights to citizens. In any democracy, fundamental or basic rights have a special place and it is the duty of the state to ensure that the citizens enjoy fundamental rights without any fear or danger. In our country, the judiciary has been given the power to protect the fundamental rights of citizens. Under Article 32, the Supreme Court exercises this power to enforce fundamental rights. Besides the Supreme Court, the High Courts also enjoy this power under Article 226. With this power vested in the High Courts, it has been relatively easier for the citizens to fight against any threat to their fundamental rights. In a vast country like India, it is not easy for an ordinary citizen to rush to the Supreme Court for the defence of his fundamental rights. Under Article 226, the High Court shall have the power issue any person or authority, directions, orders or writs in nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari or any of them for the enforcement of any of the fundamental rights and for any other purpose. The phrase, ‘for any other purpose’ was taken away by the 42nd Amendment Act. Further, this Amendment said that the High Court could not issue any order or injunction unless the matter was such that the loss or damage to the petitioner could not be compensated in money. The 42nd Amendment also deprived the High Court of the power to decide the constitutional validity of any Central Law. However, the High Court was restored these powers through the Forty Third and Forty Fourth Amendments. Now the High Court is empowered to entertain any petition for the redressal of any injury even if, by or under any law, remedy for such redressal has been provided for. Election cases are entertained by the High Court through this power. According to D. D. Basu, the High Court has larger jurisdiction than the Supreme Court in respect of issuing writs. The Supreme Court, under Article 32, can issue writs only where a fundamental right has been infringed upon. But a High Court, under Article 226, can issue them not only in such cases, but also where an ordinary legal right has been infringed upon, provided a writ is a proper remedy in such cases.
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