Powers and Jurisdiction of the High Court

High Court is the topmost tier of the jurisdiction in every union territory and state which are a part of India. The High Court must exercise the original criminal and civil administration only if the lower courts are not allowed by the law because of territorial jurisdiction or lack of finances. The High Courts might also have original jurisdiction in particular matters if it especially in the constitution as a union or a state law. The major cases which are there in a High Court are generally based on applications from the lower courts and/or writ petitions which are related to articles 226 and 227 of our Indian Constitution. The case which is based on a writ jurisdiction is an original administration of the Indian Government.

High Court

The first High Court was established in the era of the British. The first High Court was established in Calcutta, The Calcutta High Court was established on 2nd July 1862. The jurisdiction area was West Bengal and Andaman and the Nicobar Islands, it has two benches one in Jalpaiguri and the other in Port Blair. The total number of judges is 72. The next High Court was established in Bombay on 14th August 1862 followed by Madras High Court which was established on 15th August 1862. There were two judicial systems located in Calcutta, Madras and Bombay that were present for jurisdiction which were the Supreme Court, Sadar Nizamat and Sadar Diwani Adalat. This jurisdiction was inconvenient and the results were also conflicting at times hence the British parliament decided to introduce the High Courts in India by implementing the Indian High Courts Act, 1861. The bill for Indian High Court was presented by Sir Charles Wood and was approved by the Parliament of Britain on 6th August 1861.

Power and Jurisdiction of the Indian High Court

The powers and functions of the High Court can be termed as the following:

1. Original Jurisdiction: In such a case a person can directly file a complaint in the High Court and does not require an appeal from a lower court. This only is done in certain cases:

• Disputes because of members of the State legislative or the parliament.
• Disputes which are related to marriages, divorce, law and contempt of court.
• Administration of fundamental rights.

2. Appellate Jurisdiction: High Court of India is termed the primary court of appeal. It also has powers to hear the appeals which are against the judgement of the lower courts which come under its territories. It further can be classified into two other categories which are Civil and Criminal Jurisdiction. All of this comes under the High Court Jurisdiction. In the case of Civil cases, the High Court Jurisdiction involves orders and judgments of all the lower courts such as the district court, the additional district court and subordinate courts. Whereas in terms of criminal cases the jurisdiction involves all the judgements from the sessions and additional sessions court. The judgements can be related to the imprisonment of more than 7 years or the death sentence which is ordered by the sessions court.

These were a few powers and functions of the High Court, especially the appellate jurisdiction which is an integral part and most of the cases are related to this only. It also describes the High Court Jurisdiction.

Conclusion

This gives us a wide variety of Knowledge about the High Court, how it was introduced in the Indian system, and who presented it at the time of introduction. This also gives an idea about the High Court Jurisdiction, appellate jurisdiction, and powers and functions of the High Court. The High Court can have it’s original jurisdiction but only in limited cases, hence generally there are cases that come as an appeal from the lower courts.