What is the main jurisdiction of the High Court? (a) Original jurisdiction (b) Appellate jurisdiction (c) Supervisory jurisdiction (d) Advisory jurisdiction

What is the main jurisdiction of the High Court? (a) Original jurisdiction (b) Appellate jurisdiction (c) Supervisory jurisdiction (d) Advisory jurisdiction Correct Answer (a), (b), (c)

The correct answer (a), (b), (c)

Key Points

  • As per the Constitution of India, Articles 214-231 deal with the provisions of the High Courts in India.
  • The powers and jurisdiction of the High Court can be classified under the following heads:
  • Original Jurisdiction- it means that the applicant can directly go to High Court and not by means of appeals. This power is used in the following matters
    • Disputes arising out of relating to members of Parliament and state legislative assembly.
    • Relating to marriage, law, admiralty divorce, contempt of court, etc.
    • Enforcement of fundamental rights (Supreme Court also has this power).
    • Cases transferred from other courts to themselves which involves a question of law. Hence, (a) is correct.
  • Writ Jurisdiction- Article 226 states that High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority including in appropriate cases, any government, within those territories directions, orders, or writs.
  • Appellate Jurisdiction- It is said that the high court is the primary court of appeal i.e. it has the power to hear the appeals against the judgment of the subordinate courts within its territories. Hence, (b) is correct.
  • Power of Superintendence – The High Court has this power over all courts and tribunals except those dealing with the armed forces functioning in the state. Hence, (c) is correct.
  • Control over Subordinate Courts – This is an extension of the above supervisory and appellate jurisdiction. It states that the High Court can withdraw a case pending before any subordinate court if it involves the substantial question of law. 

Additional Information

  •  The Supreme Court has advisory jurisdiction over matters that have been specifically referred to it by the President of India under Article 143 of the Constitution. Hence, (d) is incorrect

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