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Explain the powers and functions of High Court in India. |
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Answer» The High Court consists of a Chief Justice and other judges appointed from time to time by the President. The President may appoint additional judges for a temporary period of two years if the work is heavy in the High court. He may also appoint a acting judge when a permanent judge is temporarily absent. The following are the powers of the High court: 1. Protection of Fundamental Rights: The constitution has granted 6 fundamental rights to its citizens and it is also the responsibility of High courts to protect and defend them against legislative, executive or any other kind of encroachment. The High court may issue the writs. Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto, to protect the people against violation of fundamental rights (Article 226). The writ jurisdiction of the high court also extends to the violation of legal rights as well. 2. Original Jurisdiction: The High courts of the Presidencies of Calcutta, Madras, and Bombay had original jurisdiction both on civil and criminal matters within the limits of the presidencies. However, the original criminal jurisdiction has now been completely taken over by the Criminal Procedure Code (CPC) of 1973. But, the original civil jurisdiction has been retained in matters of higher value. 3. Appellate Jurisdiction: The appellate jurisdiction of the High courts can be studied under two heads: a. Civil cases: The civil cases may go to the High court on either first appeal or second appeal. The appeal from the decisions of District judges and subordinate judges may go directly to the high court in cases of higher value on questions of fact as well as law. And also, when a court below the High court decides a case from the decision of an inferior court, the case can come to the high court on second appeal only on question of law and procedure. b. Criminal cases: The High Court can take up criminal cases on appeal in two cases.
4. Power of Superintendence: The High court has the power to supervise all courts and tribunals under its territorial limits and to see that the courts discharge duty according to laws of the constitution. The high court may also issue general rules regarding the administration of laws. Supervisory power also gives the authority to intervene in case of any grave injustice or abuse of jurisdiction. 5. Transfer of Cases: The High Court if satisfied that a case pending in a subordinate court involves a substantial question of law related to the interpretation of the constitution, might transfer the case to itself and decide the case as well. 6. Court of Records: Like the Supreme Court, the high court is also the court of record whose judgments and decisions cannot be questioned by any court of law below the rank of the high court. It has the power to correct and punish itself. 7. Contempt of Court: An individual or the government if violates the orders of the High court, it may impose fine or imprisonment for showing disrespect to its orders. 8. Control over Subordinate Courts: The High court exercises control over the subordinate judiciary in the state. a. The District Judges are appointed posted and promoted by the Governor in consultation with the concerned High court. b. The members of the judicial service of the state are appointed by the Governor in consultation with the High court and the members of the Public Service Commission. c. It is the authority of the High court to decide on posting, promotion, and grant of these judicial officers holding any post below that of a District judge. 9. Control over the Establishment: The Chief Justice of a High Court is given the power of appointing officers and servants of the court for efficient discharge of judicial duties (Article 229). He may suspend or dismiss any official who does not follow the rules of the court. |
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