Jurisdiction of High Courts (Articles 225–228)

At a Glance

• What it is The powers of the high courts: original, writ, appellate, supervisory and more
• Articles Articles 225 to 228
• Heads Seven
• Addition Jurisdiction over revenue matters
• Exam link UPSC Prelims, Polity: Higher Judiciary

Where Does It Fit?

This is the tenth topic of the category on the Higher Judiciary. Like the Supreme Court, the high court has extensive and effective powers. It is the highest court of appeal in the state, protector of Fundamental Rights, and has supervisory and consultative roles.

Sources and Heads

The Constitution lays down that the jurisdiction and powers of a high court are to be the same as immediately before the commencement of the Constitution, with one addition: jurisdiction over revenue matters. Other provisions add writ jurisdiction, the power of superintendence and the consultative role. The present jurisdiction is governed by constitutional provisions, the Letters Patent, Acts of Parliament and of state legislatures, the Indian Penal Code, the Criminal Procedure Code and the Civil Procedure Code. A high court has seven heads: original jurisdiction, writ jurisdiction, appellate jurisdiction, supervisory jurisdiction, control over subordinate courts, court of record and judicial review.

Original Jurisdiction

This is the power to hear disputes in the first instance. It extends to election disputes of members of Parliament and state legislatures; revenue matters or acts ordered or done in revenue collection; enforcement of Fundamental Rights; cases transferred from a subordinate court involving interpretation of the Constitution; and, in the four high courts of Calcutta, Bombay, Madras and Delhi, original civil jurisdiction in cases of higher value. Before 1973 the Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction, which the Criminal Procedure Code, 1973 fully abolished.

Appellate Jurisdiction

A high court is primarily a court of appeal, and its appellate jurisdiction is wider than its original. In civil matters: first appeals from district courts and other subordinate courts lie directly on questions of law and fact if the amount exceeds the stipulated limit; second appeals lie only on questions of law; intra-court appeals from a single judge to a division bench exist in some high courts; and appeals from tribunals lie to the division bench, because a 1997 ruling made tribunals subject to the writ jurisdiction of high courts. In criminal matters: appeals from sessions and additional sessions courts lie if the sentence is more than seven years, and a death sentence by a sessions court must be confirmed by the high court before it can be executed, whether or not the convict appeals. In some cases under the Criminal Procedure Code, appeals from magistrates lie to the high court.

Supervisory Jurisdiction and Control

A high court has the power of superintendence over all courts and tribunals within its territorial jurisdiction, except military courts or tribunals (Article 227). It may call for returns, make general rules and prescribe forms for practice and proceedings, prescribe the forms in which books and accounts are kept, and settle fees payable to sheriffs, clerks and legal practitioners. This power is very broad: it extends to all courts and tribunals whether or not subject to its appellate jurisdiction, covers administrative and judicial superintendence, is revisional and can be exercised suo motu. But it is extraordinary and used sparingly, usually limited to excess of jurisdiction, gross violation of natural justice, error of law, disregard of the law of superior courts, perverse findings and manifest injustice. Under Article 228 it can also withdraw a case from a subordinate court that involves a substantial question of constitutional interpretation.

Why Is This Topic Important?

• Seven heads Often asked as a list
• Death sentence confirmation Standard fact
• Comparison with the SC Wider writ power

What Came Next?

The next topic covers the power of High Courts to issue writs under Article 226.

Key People and Terms

• Original jurisdiction Hearing a case first
• Superintendence Control over lower courts
• Intra-court appeal Appeal within the same court
• Suo motu On its own motion
• Letters Patent Charter conferring jurisdiction

Exam Corner

Mains Angle

Questions on this topic usually ask about the reach of the high court. Use these points to add depth.

• Wide jurisdiction Seven heads
• Supervision Administrative and judicial
• Death sentence safeguard Mandatory confirmation
• Review power 42nd and 43rd Amendments