ICSE Class 10 Answered
The Constitution of India provides that there shall be a High Court in each state. With reference to the jurisdiction of the High Courts, write short notes on the following:
Power to issue Writs
Power of Superintendence
Court of Record
Asked by Topperlearning User | 18 Apr, 2016, 06:00: PM
Expert Answer
- Power to issue Writs: All High Courts have the power to issue Writs to a person or an official in order to protect the Fundamental Rights or for any other purpose. The types of Writs that can be issued include Habeas Corpus, Prohibition, Certiorari, Mandamus and Quo Warranto. The Writ of Habeas Corpus provides a remedy for a person who has been unlawfully held in prison or in police custody. It can also be issued when an individual has been detained by a private individual. When this Writ is issued, the High Court demands that the said individual be brought in front of it. If the cause for his detention is found to be insufficient, the High Court may release him unconditionally. The nature and scope of the other writs are also geared towards ensuring that no institution, individual or group of individuals violate the Fundamental Rights of Indian citizens.
- Power of Superintendence: The High Courts have the power of superintendence over all the subordinate courts that are there within their territorial jurisdiction (with the exception of courts and tribunals relating to the Armed Forces). With respect to this, the High Courts exercise the following powers:
- Detailed reports on the working of the Courts can be called for.
- Rules can be framed so as to control the practice and proceedings of the Courts.
- The control of the High Court also extends to transfer of District Judges, recall of District Judges who are in deputation and promotions and confirmations of persons belonging to the judicial service of the state and holding a post inferior to the District Judge.
- The appointment, posting and promotion of the District Judges are made by the Governor after consulting the High Court.
- The High Court can prescribe forms in which books, entries and accounts are kept by the Courts.
- The High Court can settle the fees to be allowed to the officers, clerks and advocates of the Subordinate Courts.
- Court of Record: The High Court is said to be a ‘Court of Record’. The judgements and orders of a Court of Record are preserved as legal record. These can be produced in any court as ‘precedents’. The law laid down by the High Court is binding on all subordinate courts and tribunals in the state. Obviously, this does not include other High Courts. Still, the precedents are of great significance and can be presented in support of legal arguments in other High Courts. Secondly, if a person commits Contempt of Court, the Court has the power to punish that individual. Neither the Supreme Court nor the Parliament can deprive the High Court of this right granted to it by the Constitution.
Answered by | 18 Apr, 2016, 08:00: PM
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