High courts in India have a broad range of original and writ jurisdiction, allowing them to hear cases in the first instance and issue various writs for the enforcement of rights and addressing legal issues. Here's a detailed overview of these jurisdictions:
1. Original Jurisdiction
High courts have the power to hear disputes for the first time (original jurisdiction) in the following types of cases:
- Admiralty and Contempt of Court: High courts have the authority to hear cases related to maritime law (admiralty) and matters of contempt of court.
- Election Disputes: High courts can hear disputes regarding the elections of members of Parliament and state legislatures.
- Revenue Matters: High courts can hear cases related to revenue collection and actions done in the course of revenue collection.
- Fundamental Rights: High courts have original jurisdiction in cases involving the enforcement of fundamental rights of citizens.
- Cases Involving Constitutional Interpretation: High courts can hear cases transferred from a subordinate court involving the interpretation of the Constitution.
- Civil Jurisdiction: In some high courts (Calcutta, Bombay, Madras, and Delhi), there is original civil jurisdiction in cases of higher value.
- Criminal Jurisdiction: Prior to 1973, the Calcutta, Bombay, and Madras High Courts also had original criminal jurisdiction, which was abolished by the Criminal Procedure Code, 1973.
2. Writ Jurisdiction
Under Article 226 of the Constitution, high courts can issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for:
- Enforcement of Fundamental Rights: High courts can issue writs for the enforcement of fundamental rights of citizens.
- Other Legal Rights: High courts can issue writs for any other purpose, such as the enforcement of ordinary legal rights.
- Territorial Jurisdiction: High courts can issue writs to any person, authority, and government within their territorial jurisdiction, and even outside their territorial jurisdiction if the cause of action arises within their territorial jurisdiction.
- Concurrent Jurisdiction with the Supreme Court: The writ jurisdiction of high courts is concurrent with that of the Supreme Court. This means that when fundamental rights are violated, an aggrieved party can choose to approach either the high court or the Supreme Court directly.
- Broader Jurisdiction than Supreme Court: The writ jurisdiction of high courts is broader than that of the Supreme Court because high courts can issue writs for both the enforcement of fundamental rights and ordinary legal rights, while the Supreme Court's writ jurisdiction is limited to the enforcement of fundamental rights only.
REST is similar to Supreme Court.
