
- With reference to the powers and functions of the High Court, explain briefly the meaning and scope of the following:
Answer
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Hint: In the single integrated judicial system followed in India, the high court operates below the Supreme Court. The High Courts in India are the leading civil courts of original jurisdiction in all the states and the union territories.
Complete answer:
The institution of the High Court in India originated during 1862 when the high courts were set up at Calcutta, Madras and Bombay. The high court of India enjoys the following jurisdiction and powers:
Writ Jurisdiction: Under Article 226, the constitution permits a high court to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warrento. The writs make sure that when the fundamental rights of a citizen are violated, the aggrieved person can approach the Supreme Court and the High Court.
Control over the Subordinate courts: The high court along with its appellate jurisdiction and its supervisory jurisdiction over the subordinate courts, it also has administrative control over them such as consulting the governor relating to promotion or posting and it can also withdraw a pending case present in a subordinate court.
Power of Judicial Review: Judicial review is the power granted to a high court to examine and evaluate the working of legislative enactments and the executive orders of both the Centre and the State governments.
Note:At present, India has around 24 high courts and out of them, four are common high courts and Delhi is the only union territory having a high court of its own since 1996. A person appointed as a high court judge does not have a fixed tenure but holds the office until he reaches the age of 62 years.
Complete answer:
The institution of the High Court in India originated during 1862 when the high courts were set up at Calcutta, Madras and Bombay. The high court of India enjoys the following jurisdiction and powers:
Writ Jurisdiction: Under Article 226, the constitution permits a high court to issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warrento. The writs make sure that when the fundamental rights of a citizen are violated, the aggrieved person can approach the Supreme Court and the High Court.
Control over the Subordinate courts: The high court along with its appellate jurisdiction and its supervisory jurisdiction over the subordinate courts, it also has administrative control over them such as consulting the governor relating to promotion or posting and it can also withdraw a pending case present in a subordinate court.
Power of Judicial Review: Judicial review is the power granted to a high court to examine and evaluate the working of legislative enactments and the executive orders of both the Centre and the State governments.
Note:At present, India has around 24 high courts and out of them, four are common high courts and Delhi is the only union territory having a high court of its own since 1996. A person appointed as a high court judge does not have a fixed tenure but holds the office until he reaches the age of 62 years.
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