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Everything you need to know about CLAT: Registration, Syllabus, Admit Card, Exam Pattern, and Dates » CLAT Study Material » Legal Reasoning » Powers and Functions of High Court Judges
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Powers and Functions of High Court Judges

The Constitution of India has not laid down the functions and powers of high court judges as it has laid down the functions and powers of supreme court judges in the Constitution. Though the power of high court judges has been divided into different parts.

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The Constitution of India has not laid down the functions and powers of high court judges as it has laid down the functions and powers of supreme court judges in the Constitution. Though the power of high court judges has been divided into different parts. The high court is the highest appellate authority in the state. The high court consists of a different jurisdictions and these jurisdictions enjoy many powers and functions. The powers of high court judges are divided into five different parts. According to the Indian Constitution, two or more states in India can share one high court. For example, the union territories of Chandigarh, Punjab, and Haryana have a single High Court, Tamil Nadu also shares their high court with Pondicherry. 

Powers of High Court Judges

  • Original Jurisdiction 

This states that High Court Judges have the power to hear a case as the first sample as an original court. The high courts of Calcutta, Mumbai, and Madras have the provision of original jurisdiction in civil and criminal cases because civil and criminal cases have been arising in these states. One advantage that the judges of the high court get is that they can hear civil cases involving property worth over Rs 20000. The judges of high courts have the supreme power to issue writs in case of enforcement of fundamental rights. The high court judges have the right to power original jurisdiction on cases that deal with divorce, will, admiralty, or contemporary of court. Election petitions also can be heard by the high court judges. 

  • Appellate Jurisdiction

Appellate Jurisdiction states that someone who fought a case in the district court before and is not satisfied with the judgment of the district court then they can file an appeal in the high court about the same case and district court’s judgment. The appeal can also be from subordinate courts if the case dispute involves a value higher than Rs 5000/- or it’s a question of fact or law. This happens in Civil Cases. In Criminal Cases, the case gets extended as per decision sessions and additional sessions for judges. In this, the session judge can announce imprisonment for 7 years or more. The session judge may award capital judgment. The jurisdiction of the high court extends all cases under state or federal laws. 

  • Court of Record

High Court is majorly known as the Court of records. The records of judgment in the High Court can be used by other subordinate courts. All the high courts have the power to punish all contemporary cases by any person. 

  • Administrative Powers

High Court has a couple of administrative Powers. The High Court can order or have over control of all subordinate courts. The High Court may ask for all the details or cases and proceedings from subordinate courts. The high court judges have the power to transfer a case from one court to another or it can also transfer the case to itself. It has the authority to inquire about any case or documents related to it in subordinate courts. High Court Judges also have the power to appoint their administrative staff and can decide their salary, allowances, and condition of services too. 

  • The Power of Judicial Review 

Another most interesting power of high court judges is that they can announce any law or ordinance unconditionally if it is found against the Indian Constitution. Judicial Review is considered to be among the most important powers of high court judges. 

Functions of High Court Judges 

The functions of High court judges have been specified in articles from number 214 to article number 231 of the Indian constitution. It talks about jurisdiction, powers, Organisation, and functions of high court judges. One function of a High Court judge is that the High Court is majorly known as the court of records. The records of judgment in the High Court can be used by other subordinate courts. All the high courts have the power to punish all contemporary cases by any person. 

Conclusion 

The functions of High court judges have been specified in article number 214 to article number 231 of the Indian constitution. It talks about jurisdiction, powers, Organisation, and functions of high court judges.  The powers of high court judges are divided into five different parts. Two or more states can have only one high court according to the Indian constitution and parliament. For example, the union territories of Chandigarh, Punjab, and Haryana have a single High Court, Tamil Nadu also shares their high court with Pondicherry. 

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Frequently asked questions

Get answers to the most common queries related to the CLAT Examination Preparation.

Can two or more states have one high court?

Answer: Two or more states can have only one high court according to the Indian constitution and parliament. ...Read full

In which article the Constitution has laid down the power of high court judges?

Answer: From article number 214 to article number 231 Constitution has laid do...Read full

What is the power of judicial review?

Answer: Another most interesting power of high court judges is that they can a...Read full

State one power of high court judges?

Answer: High Court has a couple of administrative Powers. The High Court can o...Read full

Answer: Two or more states can have only one high court according to the Indian constitution and parliament. For example, the union territories of Chandigarh, Punjab, and Haryana have a single High Court, Tamil Nadu also shares their high court with Pondicherry.

Answer: From article number 214 to article number 231 Constitution has laid down the power of high court judges. 

Answer: Another most interesting power of high court judges is that they can announce any law or ordinance unconditionally if it is found against the Indian Constitution. 

Answer: High Court has a couple of administrative Powers. The High Court can order or have over control of all subordinate courts.

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