InterviewSolution
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Explain With reference to the powers and functions of the High Court, briefly the meaning and scope of the following: (a) Its Appellate Jurisdiction. (b) The High Court as a Court of Record. (c) Judicial Review. |
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Answer» (a) Appellate Jurisdiction means that the High Court has power to accept appeals against the decision of District Court in civil as well as criminal matters. The High Court hears the appeal in the following cases : 1. Against the judgement of Assistant Sessions Judge, Chief Metropolitan Magistrate or a Judicial Magistrate when the punishment exceeds four years. 2. Against the judgement of Assistant Sessions Judge, where the sentence of imprisonment to a convict exceeds seven years. 3. A sentence of death must be confirmed by the High Court. 4. When an acquittal is granted by Sessions Judge in a State case, the State can take the appeal to the High Court. (b) The High Court is a Court of Record. This imphes that: 1. Its judgements are kept as a record, and are used as precedent. It is binding on all subordinate courts in the State. But in other High Courts, the judgement of a High Court can be used only in support of an argument in a case before it. 2. If a person commits contempt of a High Court, it has the authority to punish him. The Supreme Court or the Parliament cannot deprive the High Court of this power. (c) Judicial Review is the special power vested in the Judiciary by which it examines the constitutionality of the laws, passed by the legislature and the acts of the government. If in view of the court, any executive order or any law passed by the legislature violates any provision of the constitution, it declares it unconstitutional. |
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