
With reference to the powers and functions of the High Court, explain briefly the meaning and scope of the following
a)Original jurisdiction
b)Appellate jurisdiction
c)Revisory jurisdiction
Answer
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Hint: India has an integrated judicial system. The Supreme Court of India is the apex court of our country. The High Courts of the state have the second rank in this hierarchy of courts. They work under the Supreme Court but above the subordinate courts. The territorial jurisdiction of the High Court of a state is limited to the boundaries of that state. Article 213 to 231 of the Constitution deals with High Courts.
Complete Answer: The High Courts, like the Supreme Court, have extensive powers. It is the highest court of appeal in the states, has the power to interpret the constitution, and has supervisory and consultative roles too.
a)Original jurisdiction: Original jurisdiction refers to cases in which an aggrieved person or party can directly approach the high court. It refers to cases where the high court can hear the dispute in first instance and not by way of appeal. It includes cases of contempt of court, disputes relating to election of members to parliament and state legislature, and cases relating to protection and enforcement of fundamental rights.
b)Appellate jurisdiction: The high court of a state can hear appeal against the judgement of the subordinate courts that are within the state. The high court can hear appeals against both civil and criminal cases. In civil cases , appeals can be made against a district court’s judgement. Appeals can be made from subordinate court directly if the case includes a question of law or fact. Appeals can also be made directly to the High Court if the dispute involves monetary value higher than 5000rupees.
In criminal cases, appeals can be made to the high court if the lower court has awarded punishment of imprisonment for more than 7 years or has sentenced someone to death.
c)Revisory jurisdiction: The high courts have authority over all the subordinate courts within the territory of its state. The High court can call for record of any case which has been dealt by a subordinate court if the subordinate court appears to have exceeded its jurisdiction, have failed to exercise jurisdiction vested to it by law or has acted in the exercise of its jurisdiction illegally or with material irregularity.
Note: One must note that the High courts don't have jurisdiction over courts of the armed forces within the state like the martial court. Also , one should not confuse high courts original, appellate and revisory jurisdiction with that of the supreme court. The supreme court's original jurisdiction allows it to hear federal disputes but the high court cannot do so. Again , the high court can only hear appeals against judgements made by its subordinate courts. Whereas the supreme court is the highest court of appeal in the country. Finally, the revision jurisdiction of supreme court under article 137 allows it to review and change its own orders and judgments.
Complete Answer: The High Courts, like the Supreme Court, have extensive powers. It is the highest court of appeal in the states, has the power to interpret the constitution, and has supervisory and consultative roles too.
a)Original jurisdiction: Original jurisdiction refers to cases in which an aggrieved person or party can directly approach the high court. It refers to cases where the high court can hear the dispute in first instance and not by way of appeal. It includes cases of contempt of court, disputes relating to election of members to parliament and state legislature, and cases relating to protection and enforcement of fundamental rights.
b)Appellate jurisdiction: The high court of a state can hear appeal against the judgement of the subordinate courts that are within the state. The high court can hear appeals against both civil and criminal cases. In civil cases , appeals can be made against a district court’s judgement. Appeals can be made from subordinate court directly if the case includes a question of law or fact. Appeals can also be made directly to the High Court if the dispute involves monetary value higher than 5000rupees.
In criminal cases, appeals can be made to the high court if the lower court has awarded punishment of imprisonment for more than 7 years or has sentenced someone to death.
c)Revisory jurisdiction: The high courts have authority over all the subordinate courts within the territory of its state. The High court can call for record of any case which has been dealt by a subordinate court if the subordinate court appears to have exceeded its jurisdiction, have failed to exercise jurisdiction vested to it by law or has acted in the exercise of its jurisdiction illegally or with material irregularity.
Note: One must note that the High courts don't have jurisdiction over courts of the armed forces within the state like the martial court. Also , one should not confuse high courts original, appellate and revisory jurisdiction with that of the supreme court. The supreme court's original jurisdiction allows it to hear federal disputes but the high court cannot do so. Again , the high court can only hear appeals against judgements made by its subordinate courts. Whereas the supreme court is the highest court of appeal in the country. Finally, the revision jurisdiction of supreme court under article 137 allows it to review and change its own orders and judgments.
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