Jurisdiction of the High Courts

Original Jurisdiction

Original jurisdiction refers to the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to the following:

• Matters of admiralty, will, marriage, divorce, company laws, and contempt of court.
• Disputes relating to the election of members of Parliament and state legislatures.
• Regarding revenue matters or an act ordered or done in revenue.
• Enforcement of fundamental rights (under Article 226, High Courts can issue various writs).
• Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.

Appellate Jurisdiction

As courts of appeal, all High Courts entertain appeals in civil and criminal cases from their subordinate courts as well as on their own. However, they have no jurisdiction over tribunals established under the laws relating to the Armed Forces of the Country. The appellate jurisdiction of a high court is wider than its original jurisdiction.

Civil Matters (Civil Appellate Jurisdiction of a High Court)

• First appeals from the orders and judgments of the district courts, additional district courts, and other subordinate courts lie directly to the high court, on both questions of law and fact. If the amount exceeds the stipulated limit (which varies by state).
• Second appeals from the orders and judgments of the district court or other subordinate courts lie to the high court in cases involving questions of law only (and not questions of fact).
• The Calcutta, Bombay, and Madras High Courts have provision for intra-court appeals. When a single judge of the high court has decided a case (either under the original or appellate jurisdiction), an appeal from such a decision lies to the division bench of the same high court.
• Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court. In 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the High Courts. Consequently, it is not possible for an aggrieved person to approach the Supreme Court directly against the decisions of the tribunals, without first going to the high court.

Criminal Matters (Criminal Appellate Jurisdiction of a High Court)

• Appeals from the judgments of session's court and additional session's court lie to the high court if the sentence is one of imprisonment for more than seven years. It also hears appeals in cases known as capital punishment (death penalty) awarded by a sessions court or an additional sessions court should be confirmed by the high court before it can be executed, whether there is an appeal or not.
• In some cases specified in various provisions of the Criminal Procedure Code (1973), the appeals from the judgments of the assistant session's judge, metropolitan magistrate, or other judicial magistrates also lie to the high court.