Question

Write a short note on the jurisdiction of the High Court.

Answer 1

The jurisdiction of the High Court can be divided into three parts.

  They are:

1. Original jurisdiction:

1. The High Court has the power to issue directions, orders or writs related to Habeas Corpus to any person, authority and any government in case of violation of the fundamental rights of citizens.
2. The High Court has the authority to provide judgement in the cases related to companies, marriage, divorce and alimony.
3. It can also hear cases related to contempt of court, land revenue and its reimbursement, land reforms and remuneration.
4. Any petition that challenges the judgements of the civil and the criminal cases of lower courts can be made in the High Court.
5. Any petition challenging the provisions provided in the entrance examination can also be made in the High Court.

2. Appellate jurisdiction:

1. Under the appellate jurisdiction of the High Court, the Court hears the petition made against the civil and the criminal cases.
2. A petitioner can challenge the judgement of the lower courts and tribunals in the High Court.
3. In case the Session Court issues a judgement to punish the accused for more than four years, the petitioner can challenge it in the High Court.
4. If the Session Court gives a capital punishment to the accused in case of murder. On the other hand the lower court had initially given a lesser punishment for the same case. Then the petitioner can challenge the judgement in the High Court.
5. The High Court has the power to pass judgements on important questions related to law including interpretation of Constitution.

3. Administrative jurisdiction:

1. The High Court possesses the authority to supervise the working of all its subordinate courts (including tribunals) present in its state or region.
2. If the High Court feels that a subordinate court is not working properly on the present then it can take the case in its own hands and conduct the proceeding.
3. It can decide various types of fees the government need to collect and prepare various schedules.
4. It can also provide guidance and direction to the subordinate courts for ways and methods of maintaining various records.
5. The High Court publishes its own judgments and decisions. This helps the subordinate courts as a reference while taking decisions on various cases.
6. The lawyers use these published judgements and decisions as citation while pleading their cases.
7. The High Court of Gujarat is located on the Sarkhej-Gandhinagar Highway in Sola area of Ahmedabad.