Question

What is meant by the original jurisdiction of the High court?

Answer 1

Hint: Article 225 of the Indian Constitution guarantees the right to original jurisdiction to the High Courts. The original jurisdiction can also be applied to cases concerning admiralty, contempt of court, matrimony, probate as well as election petitions.

Complete answer: Original jurisdiction of a court refers to any subject or matter for which a specific court is approached first. The High Courts hear civil as well as criminal appeals from subordinate courts which lie under their jurisdiction. However, the High Courts of Delhi, Calcutta, Bombay and Madras have original jurisdiction in civil cases. These cases do have a certain monetary value attached to them. Every High Court has original jurisdiction in revenue matters. The original jurisdiction can also be applied to cases concerning admiralty, contempt of court, matrimony, probate as well as election petitions. Significantly, High Courts are the only courts entrusted with writ jurisdiction for enforcing fundamental rights other than the Supreme Court of India. These writs can be enforced for other purposes also other than fundamental rights, under Article 226 of the Indian Constitution, unlike the Supreme Court of India. Therefore, this particular jurisdiction given to the High Courts is much wider than that of the Supreme Court of India. According to article 227, the High Courts have the supervisory authority over its subordinate courts like the district and sessions courts and various tribunals within the territory of each state.

Note: In the case of the Supreme Court in India, its original jurisdiction is covered under Article 131 of the Indian Constitution. It deals with resolving disputes between the central government and the state government as well as between multiple state governments.