Jurisdiction Of High Courts In India
The concept of jurisdiction refers to the extent of the authority of a court in relation to adjudication on the subject-matter, the local and pecuniary limits of the suit’s jurisdiction; and this has been discussed in the case of Hriday Nath Roy v. Ram Chandra, (A.I.R. 1921 Cal. 34); wherein a full bench said:
“In the order of reference to a Full Bench in the case of Sukhlal v. Tara Chand, [(1905) 33 Cal. 68], it was stated that jurisdiction may be defined to be the power of Court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it”.
Thus, we can say that jurisdiction is the authority that a Court exercises to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision.
Jurisdiction can be classified into three categories:
(1) Jurisdiction over the subject-matter–
All courts are not competent to try disputes regarding all matters; they are limited by a definitive set of laws. A small cause court can only try such suits like that of a suit for money due on account of an oral loan or under a bond or promissory note, a suit for price of work done, and so on. It does not possess the jurisdiction to try suits relating to specific performance of contracts for a dissolution of the partnership, for an injunction or suits relating to immovable property.
(2) Territorial jurisdiction-
The courts are bound by their individual limits, that are fixed by the State Governments, beyond which it cannot exercise their jurisdiction. For example, a District Judge is in charge of the district and cannot exercise his power beyond that particular district. The Munsif West and Munsif East are in charge of the areas assigned to them; similarly, we know that the High Courts has jurisdiction over the whole territory of the State.
(3) Pecuniary jurisdiction-
There are a large number of civil courts all over India of different grades that have jurisdiction to try suits or hear appeals of specified and limited amounts. Some of these courts have unlimited pecuniary jurisdiction. The High Court, the District Judge, and the Civil Judge; all have unlimited pecuniary jurisdiction. The jurisdiction of the Munsif’s and the small cause court’s civil judge’s jurisdiction is limited.
Now, we shall deal with the jurisdiction of the high courts in India specifically:
When the court exercises its original jurisdiction, a court entertains only original suits, while during the exercise of its appellate jurisdiction it entertains appeals.
- The Munsif’s court and the small causes courts have only original jurisdiction;
- the District Judge’s court and the various High Courts have both original and appellate jurisdiction.
- The High Court of Allahabad has limited original jurisdiction. In the first place, it has original jurisdiction with regard to matrimonial, testamentary, probate, and company matters. And, in the second place, it can exercise extraordinary original jurisdiction in any suit or trial, as it has the power to remove a suit from a subordinate court to itself for trial and determination.
The High Court of a State enjoys certain jurisdictions throughout the State in which it is located. The Parliament may provide for a common High Court for two or more States in the country or extend the jurisdiction of a High Court to one or more Union Territories.
- The jurisdiction of Calcutta High Court extends to the Andaman and Nicobar Islands
- The Kerala High Court has jurisdiction over Laccadive, Minicoy, and Amindivi Islands.
- Haryana and Punjab have a common High Court at Chandigarh. The Constitution does not attempt a detailed classification of different types of the jurisdiction of the High Courts as it has done in case of the Supreme Court.
Original Jurisdiction of High Courts
The Constitution of India does define exhaustively the original jurisdiction of the High Court. It is exercised and well accepted by the issue of Writs to any person or authority including Government. Article 226 empowers in the High Court the power to issue writs for the restoration of fundamental rights:
“Notwithstanding anything in Article 32, every 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 including writs in the nature of habeas corpus, mandamus, prohibition, quo warrant, and certiorari, or any of them for the enforcement of any of the rights conferred by part III and for any other purpose”.
(Click Here To Now About Writs Under Indian Constitution)
The jurisdiction also extends to the matters of admiralty, probate, matrimonial, and contempt of court cases. The High Courts have also full powers to make rules to regulate their business in relation to the administration of justice. It can punish for its own contempt.
Appellate Jurisdiction of High Courts
The appellate jurisdiction of the High Court includes both civil and criminal cases. In case of civil matters, its jurisdiction extends to cases tried by Courts of Munsifs and District judges. In the criminal cases, it extends to cases decided by Sessions and Additional Sessions Judges. Thus, we can say that the jurisdiction of the High Court extends to all cases under the State or federal laws.
Its jurisdiction can be enlarged by the bodies of Parliament and the State Legislature. The Parliament exercises exclusive power to make laws touching the jurisdiction and power of all Courts with respect to the subjects on which it is competent to legislate. It can also legislate on subjects enumerated in the Concurrent List. A State Legislature has the power to make laws touching the jurisdictions and powers of all Courts within the Stare with respect to all subjects enumerated in the State List and the Concurrent List. But as regards the subjects in the Concurrent List the Union law prevails in case of conflict.
Author: This article was written by Richaa Mukhopadhyay, B.A. LLB(Hons), CS(executive), ALSK, ICSI, student of Amity Law School, Amity University, Kolkata.
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