Question

powers and fuctions of high court​

Answer 1

here are some powers of high court

Answer 2

Ans: Powers and Functions of High court in India

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:

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.

All matters relating to revenues are included in the original jurisdiction of the High court.

Besides, civil and criminal cases are also supposed to belong to the original jurisdiction. But only the High Courts at Kolkata, Mumbai and Chennai can have the first trial in civil and criminal cases. The original criminal jurisdiction of the High Court has, however, been abolished by the Criminal Procedure code, 1973. At present the criminal cases are tried in the city sessions Courts in Kolkata, Mumbai and Chennai.

Appellate Jurisdiction:

Appellate jurisdiction in relation to High Court refers to the power of the High Court to review the decisions of Lower courts. The High Court is the highest court of appeal in the state. It has appellate jurisdiction in civil and criminal cases.

a. In civil cases, appeal can be made to the High Court against the decisions of the District Judges and the Subordinate Judges.

b. Again, when any court subordinate to the High Court decides an appeal from the decision of an inferior court, a second appeal can be made to the High Court only on question of law and procedure.

c. Besides, appeal from the decision of a single Judge of the High Court itself also lies to the High Court. In criminal cases appeals against the decisions of :

A Sessions Judge or an Additional Sessions Judge, where the sentence is of imprisonment exceeding 7 years; or

Assistant Sessions Judge, Metropolitan Magistrate or other Judicial Magistrates in certain specified cases other than ‘petty’ cases can be made to the High Court.

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