Jurisdiction Of High Courts
Original Jurisdiction
The original jurisdiction includes enforcement of Fundamental Rights, settlement of disputes relating to the election to Union and State Legislatures and also original jurisdiction over revenue matters. Appellate Jurisdiction: The Appellate Jurisdiction of the High Court extends to both civil and criminal matters.
a) The Civil Appellate Jurisdiction: In civil matters, the High Court is either a first appeal or a second appeal court.
b) The civil procedure code imposed upon the lower courts to refer the cases to High Courts, where they find that a case before them involves a question as to the validity of any act or any provision contained in the Act for which an interpretation is necessary for the disposal of the case.
The Criminal Appellate Jurisdiction
The Criminal Appellate Jurisdiction of the High Court consists of appeals from the decision of
(1) A Session Judge or an Additional Sessions Judge where the sentence of imprisonment exceeds seven years.
(2) In specified cases other than petty cases.
The Writ Jurisdiction
The Constitution through Article 226 confers upon the courts’ wide range of writ jurisdiction. Interestingly the writ jurisdiction of the High Court is larger than the Supreme Court. As we mentioned earlier the Supreme Court can issue a writ only in case of infringement of Fundamental Rights. But the High Court can issue writ not only where the Fundamental Rights are infringed but also in the case of an ordinary legal right. The High Court can issue five kinds of writs – Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certioraris.
The Constitution of India, under Article 215 also gives the High Court the status of ‘Court of Record’ including the power to punish for contempt. The High Court exercises supervision over the working of the Courts and tribunals within its jurisdiction, and ensures that the lower courts discharge their duties properly. The High Court can withdraw a case pending before a subordinate court and may itself dispose of the case or determine the question of law involved in the case and return the case together with its judgement on the question, to the said court for disposal in conformity with its judgement. The Parliament can further extend the jurisdiction of the High Court.
The Special Status Of Jammu And Kashmir
The Constitutional Relations between Jammu and Kashmir and India originally based on the Instrument of Accession executed by the State were reflected in the Constitution of India which made it clear that only two of its articles, viz. Article 1; which declared Jammu and Kashmir to be a part of India’s territory and Article 370 which defined the State’s Special Status – in regard to its internal constitution as well as its relations with the centre, would apply in full to this state. The Salient features of the Constitutional position of the State of Jammu and Kashmir in relation to the Union, as modified up to date can be summarised as:
Jurisdiction of the Parliament
1. No jurisdiction as regards most of the matters enumerated in the Concurrent List.
2. The residuary power shall belong to the legislature of that state, excepting certain matters.
3. The power to legislate with respect to preventive detention in Jammu and Kashmir belongs to the State Legislature rather than Parliament.
4. By the Constitution (Application to Jammu and Kashmir) Order, 1986 Article 249 has been extended to the State of Jammu and Kashmir.
Autonomy of the State in certain matters
Parliament cannot make any law without the consent of the Legislature of the State of Jammu and Kashmir, where that State is to be affected by such legislation. 2. Proclamation of Emergency (Article 352) on the ground of internal disturbance will have no
effect without the consent of the State Government. No decision affecting the disposition of the state can be made without its consent. No power to suspend the state constitution under Article 365. In the event of the breakdown of constitutional machinery, it is the Governor, with the concurrence of President, who assumes all the powers and functions except that of the High Court. No power to make a proclamation of Financial Emergency – Article 360 – in respect of Jammu and Kashmir.
Fundamental Rights & Directive Principles of State Policy
Directive Principles of State Policy do not apply to the State of. Jammu and Kashmir. The Fundamental Rights to the property is still guaranteed – Article 19(1) & Article 31(2). The provision of Article 19 are subject to special restrictions for a period of 25 years
Separate Constitution for the State (its own)
The provisions of its Constitution (excepting those relating to the relationship of the State with the Union of India) may be amended by an Act of the State Legislative Assembly but without affecting the Governor or Election Commission. No Amendment of the Constitution of India shall extend to Jammu and Kashmir unless it is so extended by an order of the President. No alteration of area or boundaries without the consent of the State Legislature. The Jurisdiction of C & AG, Election Commission, Special Leave Jurisdiction of Supreme Court is extended by an amendment of Constitution order.
Check out the notes on The Union Territories And Sepcial Provisions For Delhi.