What are the Jurisdiction and powers of High Court?

  • The High Courts in India are the highest courts in each state and union territory, serving as the guardians of justice and law.

Jurisdiction and powers of the High Court

  • The High Court of Madras has the following jurisdiction and powers as per the constitution.

Original Jurisdiction

  • The High Courts at the three presidency towns of Bombay, Calcutta and Madras had original jurisdiction, both civil and criminal, over cases arising within the respective presidency towns. 
  • The original criminal jurisdiction of the High Court has, however, been completely taken away by the criminal procedure code, 1973. 
  • Though city civil courts have also been set up to try civil cases within the same area, the original civil jurisdiction of these High Courts has not altogether been abolished but retained in respect of actions of higher value.

Appellate Jurisdiction

  • The High Court is the highest court in the state of Tamil Nadu. It has appellate jurisdiction in both civil and criminal cases. 
  • On the civil side, an appeal from the decision of District Judge and from that of a subordinate Judge in cases of higher value, lie direct to the High Court.

Writ Jurisdiction

  • According to B.R. Ambedkar, the Chairman of the Drafting Committee of the Constitution of India, Article 32 is the soul and heart of the constitution, because, it safeguards the rights, liberty and privileges of every citizen of India in terms of writs. 
  • As such, the High Court has the writ jurisdiction under Article 226. There are five writs, namely, 
  • Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-warranto.

Power of Superintendence

  • The High Court has the power of superintendence over all courts and tribunals throughout its territorial Jurisdiction, except military tribunals. 
  • Indeed, it has a wide power.

Head of State Judiciary

  • As the head of the state judiciary, the High Court has got an administrative control over the subordinate judiciary in respect of certain matters, besides its appellate and supervisory jurisdiction over them. 
  • Thus, the High Court is powerful. Also, it acts as the court of records. 
  • Above all, it has the bench jurisdiction in which the most important and burning cases of the state are settled.

Subordinate Courts

  • The subordinate courts are divided into two categories, namely, the civil courts subject to the civil procedure code and the criminal courts subject to the criminal procedure code. 
  • According to the All India Judges Association case (1989), the Supreme Court directed to bring a uniform designation in the subordinate judiciary’s judicial officers all over the country – District or Additional District Judges, Civil Judge (Senior Division) and the Civil Judge (Junior Division) on the civil side and Sessions Judge, Additional Sessions Judge, Chief Judicial Magistrate, and Judicial Magistrate on the criminal side as laid down in the criminal procedure code. 

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