Powers And Functions Of High Court (List)

Powers and Functions of High Court: India’s high courts hold the highest authority for appeals in every state and union territory, serving as the top appellate courts in the country. High Courts hold appellate jurisdiction, hear appeals, and exercise original jurisdiction, particularly in constitutional matters. They issue writs, supervise lower courts, and play a vital role in interpreting laws and safeguarding constitutional principles. In this article, We have discussed the Power and Function of the High Court in India in Detail. So Let’s dive right in.

Powers and Functions of High Court

Powers And Functions Of High Court

The High Court of India is the highest court of the state of India and Articles 214 and 231 in the Constitution of India talk about High Courts, their power as well as organizations. One High Court can also provide for two or more states. Like for instance, Haryana, Punjab as well as the Union Territory of Chandigarh have one common High Court and northeastern states also have one high court. High Courts of Calcutta, Madras and Bombay were established under the Indian High Court Act of 1861.

The following is the list of Powers and Functions of the High Court:

Powers and Functions	Description
Appellate Jurisdiction	Hears appeals from lower courts and tribunals within its jurisdiction.
Original Jurisdiction	Deals with cases directly filed with the High Court, often involving constitutional matters.
Writ Jurisdiction	Empowered to issue writs for the enforcement of fundamental rights.
Superintendence over Subordinate Courts	Exercises control and supervision over lower courts within its territorial jurisdiction.
Guardian of the Constitution	Ensures the protection of constitutional principles and safeguards.
Advisory Role	Provides opinions on legal matters referred to it by the President or the Governor.
Contempt Jurisdiction	Holds the power to punish for contempt of court to maintain its dignity and authority.
Civil and Criminal Cases	Adjudicates civil and criminal matters based on the jurisdiction defined by law.
Interpretation of Laws	Offers authoritative interpretations of laws, especially in complex cases.
Public Interest Litigation (PIL)	Allows individuals to approach the court for the enforcement of public interest.
Constitutional Matters	Deals with disputes involving the interpretation of the Indian Constitution.
Administrative Functions	Manages administrative aspects related to the functioning of the court.

Functions Of High Court

Different functions of a high court are mentioned in the subsections below based on power, jurisdiction, etc. for better understanding.

High Court Jurisdiction

Different types of high court jurisdictions are:

Original Jurisdiction

• The Madras, Bombay, and Calcutta High Courts have original jurisdiction in all civil and criminal cases that originate from these cities.
• These courts also enjoy an exclusive right that they are entitled to hear civil cases involving property worth over Rs.20000.
• They are also empowered to issue writs to enforce fundamental rights.
• All High Courts have original jurisdiction in cases related to will, divorce, contempt of court, and admiralty.
• High Courts also have the right to listen to election petitions.

Appellate Jurisdiction

• In civil cases: Citizens can make an appeal to the High Court against a district court’s decision.
• An appeal can also be made from the subordinate court directly if the dispute involves a value higher than Rs. 5000/- or on a question of fact or law.
• In criminal cases: It extends to cases decided by Sessions and Additional Sessions Judges in the following conditions:
  • If the sessions judge has given a judgment of imprisonment for 7 years or more.
  • If capital punishment has been awarded by the session’s judge.
• All the cases that are under the State or federal laws are also extended towards the jurisdiction of the High Court.
• In constitutional cases also, it is certified by the High Court that the case involves a substantial question of law.

Powers Of High Court

Other than the powers mentioned above, the High Courts also have many functions and powers which are given below:

As a Court of Record

• Like the Supreme Court, High Courts are also Courts of Record.
• The records containing the judgements of the High Courts can be utilized by subordinate courts for taking final decisions on cases.
• All the High Courts also have the power and authority to punish all cases of contempt by any person or institution.

Administrative Powers

• All the subordinate courts are controlled by the high courts.
• It has the authority to ask for details of proceedings from subordinate courts.
• Rules regarding the working of the subordinate courts are issued by high courts.
• Transfer of any case from one court to another can be done by a high court. It can also transfer the same case to itself and make decisions.
• High courts can enquire and investigate the records or other any other relevant documents of any subordinate court.
• It has the power to appoint its administrative staff and determine their salaries, allowances, and conditions of service.

Power Of Judicial Review

High Courts have the power of judicial review and can declare any law or ordinance unconstitutional if it is found and considered to be against the Constitution of India.

Power of Certification

A High Court has the power to certify whether the cases are fit for appeal before the Supreme Court.

High Court Autonomy

The independence of the High Courts can be endorsed by the following points:

1. Appointment of Judges: The judges appointed at the High Courts lie within the judiciary itself and is not connected to the legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy complete job security till the age of retirement (62 years). A High Court judge cannot be removed unless it is addressed by the President.
3. Salaries and allowances: The High Court judges have a good pay scale, perks and allowances which cannot be altered to their disadvantage except in cases of financial emergencies. The High Court expenses are charged on the Consolidated Fund of the State, which is not subject to vote in the state legislature.
4. Powers: It is guaranteed by the Constitution that the powers and jurisdiction of the High Court cannot be cut by the Parliament or the state legislature
5. Conduct of judges: The conduct of the High Court judges cannot be discussed in the Parliament unless a motion of impeachment has been moved.
6. Retirement: After retirement, judges of High Court are not allowed to hold an office of emolument under the Government of India or state. However, there is an exception to this rule. With the consent of the Chief Justice of India, retired judges can be allotted to a temporary office, and also in the case of emergencies.

Related Resources:

• Powers and Functions of the High Court
• Structure of Courts In India
• Role of Judiciary in India
• Supreme Court Of India – UPSC & SSC Notes

Powers And Functions Of High Court – FAQs

What are the functions of High Court?

The functions of High Court is appeal against judgements of lower courts, which include district level civil as well as sessions courts.

What are the powers of High Court?

The powers of High Court is to examine as well as judge the executive orders of the state and the central government along with constitutionality of legislative enactments.

How many High Courts are there in India?

There are 25 High Courts currently in India.

Which is the first High Court in India?

Calcutta High Court is the first High Court in India. It was established in 1862 as the High Court of Judicature at Fort William.

What is the salary of Chief Justice of India?

Judges of the High Courts are currently getting a salary of Rs.2.5 lakh/month.

How many judges are in High Court of India?

The number of High Court judges vary from one high court to another. As on Sept-2020, there are 97 judges in Allahabad High Court while Sikkim High Court have 3 judges.

Which High Court has the highest number of benches in India?

The highest number of benches in India are present at Guwahati High Court.