Question

write down the functions and powers of high court.( for 5 marks question in exam.) ​

Answer 1

Hi Megha!!

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Here's your answer=

Power to issue certain writs - Every High Court has the power to issue writs of habeus corpus, mandamus, prohibition, quo-warranto and certiorari for the enforcement of Fundamental Rights or for other purpose.

(2) Power of Superintendence - Every High Court has superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction.

(3) Power to transer case - If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of the Constitution, the determination of which is necessary for the disposal of the case, it shall withdraw the case and may-

(a) either dispose of the case itself; or

(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgement on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgement.

(4) Consultation in the appointment and posting etc. of District Judges - The High Court is consulted by the Governor in the appointment, posting and promotion of District Judges. It is also consulted in the appointment of other members of the State Judicial Service.

(5) Control over subordinate courts - The control over district court and courts subordinate thereto including the posting and promotion of and the grant of leave to persons belonging to the judicial service of a State and holding any post inferior to the post of district judge is vested in the High Court.

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Answer 2

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.

Some 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.

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