Scope and Sources of High Court JurisdictionImportance 4/5UPSC 2009
Understand how a High Court's jurisdiction continues from the time before the Constitution, and which new area was added. What seven jurisdictions and powers does a High Court have today? Also know what governs them: the Constitution, the Letters Patent, Acts of Parliament and of state legislatures, and the penal and procedure codes.
Matters Under Original JurisdictionImportance 4/5UPSC 2012
What does original jurisdiction mean? Remember the kinds of matters a High Court can hear first, including cases moved up from a subordinate court because they need the Constitution to be interpreted.
Original Civil and Criminal Jurisdiction of Certain High CourtsImportance 3/5
Which High Courts have original civil jurisdiction in cases of higher value? What happened to original criminal jurisdiction, in which year, and under which law?
Scope of Writ Jurisdiction Under Article 226Importance 5/5UPSC 1996
Which five writs can a High Court issue under Article 226? For what purposes? Understand what 'any other purpose' means. Can a High Court issue a writ to someone outside its territory, and when?
Article 226 Compared with Article 32Importance 5/5
Is the High Court's writ power exclusive or shared with the Supreme Court? What option does a citizen have when a Fundamental Right is violated? Is the remedy under each Article a right or a matter of discretion, and how far does each court's writ reach? Understand why the High Court's power is wider than the Supreme Court's.
Chandra Kumar Case and Writ JurisdictionImportance 4/5
Remember the L. Chandra Kumar case (1997). What did it decide about the writ jurisdiction of High Courts and the Supreme Court? Can that jurisdiction be removed by a constitutional amendment, and why?
Civil Appellate JurisdictionImportance 4/5
Be clear about the difference between first appeals and second appeals: on what kinds of questions does each lie? Remember what an intra-court appeal is and where it goes. Where do decisions of tribunals under Articles 323A and 323B go for review? Understand what the 1997 ruling means for someone who wants to approach the Supreme Court against such a tribunal, and which tribunals it does not cover.
Criminal Appellate JurisdictionImportance 3/5
Which criminal convictions can be appealed to the High Court? Does this depend on the trial court (a sessions court or another) and the length of sentence? Is a death sentence confirmed by the High Court even if the convicted person does not appeal? These rules are now in the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced the CrPC. Can some appeals from magistrates also reach the High Court?
Powers of Superintendence Over Courts and TribunalsImportance 4/5
Over which courts and tribunals does a High Court have the power of superintendence, and which are excluded? Remember the four things it may do under this power.
Breadth and Limits of Supervisory JurisdictionImportance 3/5
What are the four features that make this power so broad (including action on its own)? Why is it called an extraordinary power? Remember the six situations in which it is usually used.
Administrative Control Over the Subordinate JudiciaryImportance 4/5
What is the High Court's role in appointing, posting and promoting district judges? How does this differ for the other members of the state judicial service? Who handles their posting, promotion, leave, transfer and discipline?
Withdrawal of Cases and Binding Effect of High Court LawImportance 3/5
When can a High Court withdraw a case from a subordinate court, and what two things can it then do? Understand why the law declared by a High Court binds the subordinate courts in its territory, as Supreme Court law binds all courts.
Meaning and Powers of a Court of RecordImportance 4/5
What two powers does a High Court have as a court of record? Understand why its records carry evidential value and count as precedent, and what its contempt power is meant to protect.
Contempt of Court Under the Contempt of Courts Act, 1971Importance 4/5UPSC 1997
Does the Constitution define contempt of court? Which Act does, and what two types does it recognise? Can a High Court punish contempt of a subordinate court? Remember the exception when the act is also an offence under the penal code.
Power to Review Its Own JudgementsImportance 3/5UPSC 2021
Can a High Court review its own judgement? Understand where this power comes from, and how that differs from the Supreme Court's power of review.
Meaning and Basis of Judicial Review by High CourtsImportance 5/5
What is judicial review, and what does 'ultra vires' mean? Which Articles give a High Court this power, though the phrase itself is not used in the Constitution? Remember the three grounds on which a law or an executive order can be challenged.
Judicial Review Under the 42nd and 43rd AmendmentsImportance 4/5UPSC 2019
What did the 42nd Amendment (1976) do to the High Courts' power of judicial review over central laws? What did the 43rd Amendment (1977) do? Also know which Articles inserted for this purpose, covering central and state laws, were later repealed.