Role of High Court


 
 
Concept Explanation
 

Role of High Court

High Court: The High Court is the apex court in the state. The chief justice of the High Court is appointed by the president on the recommendation of, and in consultation with, the chef justices of India and the governor of the state concerned.

Qualification: To be a High Court judge, a person has to be a citizen of India, a High Court advocate with at least ten years’ experience, or a judicial officer with at least experience.

Retirement: A High Court judge retires at the age of 62. Powers and Functions of the High Court: The High Court has original jurisdiction over cases involving the enforcement of fundamental rights.  It can issue writs. It has appellate jurisdiction over both civil and criminal cases. It hears appeals against the decisions taken by the lower courts. Its supervisory jurisdiction involves supervising the activities of the lower courts. It also is a court of record.

Powers of High Court: The most important functions performed by a high court are as follow.

  • Original Jurisdiction: Indian Constitution, under Article 226, empowers the High Court to issue a write to any person or authority within its jurisdiction for the enforcement of fundamental rights or against their violation. It also hears directly the disputes related to state elections. 
  • Appellate Jurisdiction:   The High Court hears appeals on both civil and criminal cases against the decision of Subordinate Courts (District Courts) and reviews their judgment. The High Court has the power to give fresh verdict in such cases.
  • Advisory Jurisdiction: According to Article 227 of the Indian Constitution, the High Court can extend its power of superintendence to all courts in its jurisdiction, except those dealing with armed forces operating within its territorial jurisdiction. Under Article 228, the High Court can also supervise the functioning of the Subordinate Courts. It enjoys the powers of judicial review like the supreme court of India.
  •  
     
     


    Students / Parents Reviews [20]