Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Thursday, November 21, 2024

Powers Of The High Court

Posted in: Constitutional Law
Tue, Nov 5, 19, 22:03, 5 Years ago
star star star star star
4 out of 5 with 19 ratings
comments: 0 - hits: 19923
The Constitution directs the government that High Court shall have power, throughout in relation to it jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for any other purpose also.

Powers of The High Court
The Constitution directs the government that High Court shall have power, throughout in relation to it jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for any other purpose also.

Definition
Article 226. Power of High Courts to issue certain writs:
(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercised jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including 3[writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose].

(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories].

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made, or in any proceedings relating to, a petition under clause (l), without-
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party and opportunity of being heard, makes and application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favor such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two Weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause(2) of article 32.

Note- Powers of the High Court to issue writs under article 226 are wider than that of the Supreme Court. It is not confined to fundamental rights, but extends to all cases where the breach of a right is alleged. The writ may be issued for enforcement of fundamental rights or for ‘any other purpose. AIR 1952 SC 12.

Certiorari and prohibition- The ground for issuing certiorari and prohibition are as under:
(a) order without jurisdiction attracts certiorari.
(b) an error of law apparent on the face of the record.
(c) irregularity in procedure.
(d) erroneous decision;

Interfere in investigation-
While the court should not nomially interfere with criminal investigation, it may prohibit the continuance of a criminal proceeding at any stage before its conclusion, in extraordinary cases, e. g., where the proceeding was launched by a person who was not competent to make the F .I.R. or to institute prosecution under the relevant law; State of Harjyana v. Bhajan, AIR 1992 SC 604

Writ to Bail-
Although the High Court has jurisdiction to entertain prayer for bail in writ jurisdiction, yet, such jurisdiction should be exercised sparingly having regard to judicial discipline and comity of courts; Kartar Singh v. State of Punjab, (1994) 3 SCC in the Bimla v. State of Bihar, (1994) 2 SCC 8 it is said by the Supreme Court that- after rejection of bail by the Magistrate, High Court grants bail, Supreme Court may interfere.

The Constitution of India mentions the writ of habeas corpus in articles 32 and 226.
(a) Habeas corpus
The exceptional cases in which threatened detention may give rise to the writ, are where the court is satisfied about one of the following circumstances—
(a) illegal order of detention
(b) arrest or detention order made against a wrong person; or
(c) arrest or detention order made for a wrong purpose; or
(d) arrest or detention order is passed on baseless grounds; or
(e) arrest or detention order made without authority, in law

Prohibition- The Supreme Court and the High Courts have power to issue writs, including a writ of prohibition. A writ of prohibition is normally issued only when the inferior Court or Tribunal—
(a) proceeding without or in excess of jurisdiction,
(b) order in violation of rules of natural justice,
(c) proceeding is ultra vires the constitution, or
(d) against fundamental rights.

Difference in powers of the High Court and the Supreme Court:
Supreme Court is the apex court of India has unlimited powers in the field of judiciary. Even then, amongst the courts below, the High Court has given very wide powers to order for enforcement of (i) fundamental right including (ii) non-fundamental (m) ordinary legal rights, except to decide question of law relating to interpretation of the Constitution etc.

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
aruna.lawyer
Member since Nov 5, 2019
Location: n/a
Following
User not following anyone yet.
You might also like
This article critically analyses the concept of Parliamentary privileges enshrined under Article 105 of the Constitution of India along with various judicial pronouncement.
Here we have two legal systems, one tracing its roots to Roman law and another originating in England or we can say one codified and the other not codified or one following adversarial type of system other inquisitorial or one is continental whereas the other one Anglo-American
The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles.
The constitutional interpretations metamorphose a non-federal constitution into a federal one which results into a shift from reality to a myth
What justice is? and why one wants access to it? are important question which need to be addressed in introductory part of the literature. Justice is a concept of rightness, fairness based on ethics, moral, religion and rationality.
It is not the whole Act which would be held invalid by being inconsistent with Part III of the Constitution but only such provisions of it which are violative of the fundamental rights
Thomas Mann had in 1924 said; a man’s dying is more the survivor’s affair than his own’. Today his words are considered to be true as there is a wide range of debate on legalizing euthanasia.
India became one of 135 countries to make education a fundamental right of every child, when the Parliament passed the 86th Constitutional amendment in 2002.
Following are the salient features of the amended Lokpal bill passed by Parliament:
Good governance is associated with efficient and effective administration in a democratic framework. It is considered as citizen-friendly, citizen caring and responsive administration. Good governance emerged as a powerful idea when multilateral and bilateral agencies like the World Bank, UNDP, OECD, ADB, etc.
A democratic society survives by accepting new ideas, experimenting with them, and rejecting them if found unimportant. Therefore it is necessary that whatever ideas the government or its other members hold must be freely put before the public.
This article describes relationship between Indian Legislative provisions and freedom of press.
This article gives an overview of the Definition of State as per Article 12 Of the Constitution of India with emphasis on Relevant case law
Coming straight to the nub of the matter, The Constitution Bench of the Supreme Court in Bir Singh v Delhi Jal Board held that Pan India Reservation Rule in force in National Capital Territory of Delhi is in accord with the constitutional scheme relating to services under the Union and the States/Union Territories
Jasvinder Singh Chauhan case that denial of passport or its non-renewal without assigning reasons as listed under the Passports Act, 1967 infringes the fundamental rights. who was praying for the renewal of his passport and issuance of a fresh passport to him.
In Indian Young Lawyers Association v/s Kerala has very laudably permitted entry of women of all age groups to the Sabarimala temple, holding that 'devotion cannot be subjected to gender discrimination'. It is one of the most progressive and path breaking judgment that we have witnessed in last many decades just like in the Shayara Bano case
Sadhna Chaudhary v U.P. has upheld the dismissal of a judicial officer on grounds of misconduct, on the basis of two orders passed by her in land acquisition cases. This has certainly sent shockwaves across Uttar Pradesh especially in judicial circles.
The term judiciary refers to the higher officials of the government i.e Judges of all the hierarchy of the courts. The constitution of India gives greater importance to the independence of the Indian judiciary. Every democratic country set up it’s own independent judiciary for the welfare of it’s citizens.
various allowances, perquisites, salaries granted to mp and mla
This article presents a glimpse of human life through the constitutional approach.
Er. K. Arumugam v. V. Balakrishnan In the contempt jurisdiction, the court has to confine itself to the four corners of the order alleged to have been disobeyed
As Parliamentarians, we remain the guardians and protectors of fundamental rights, and always need to ensure we are fulfilling our many responsibilities, as legislators, representatives and role models. to uphold the rights set out in the Declaration, particularly as regards safeguarding political and civil society space.
Kashmiri Sikh Community and others v. J&K has very rightly upheld PM's Employment Package 2009 for Kashmiri Pandits living in the Valley.
The Supreme Court on 12th September stuck down the penal provision of adultery enshrined under Section 497 of the Indian Penal Code.
President A. Akeem Raja case it has been made amply clear that, Freedom of religion can't trump demands of public order. Public order has to be maintained at all cost. There can be no compromise on it.
Justice Pinaki Chandra Ghosh who is a former Supreme Court Judge and former Chief Justice of Andhra Pradesh High Court who retired in May 2017 and a current member of the National Human Rights Commission (NHRC) was appointed as India's first Lokpal
colonial era Official Secrets Act (OSA) as many feel that it has far outlived its utility. Before drawing any definite conclusion on such an important issue, we need to certainly analyse this issue dispassionately from a close angle.
Sri Aniruddha Das Vs The State Of Assam held that bandhs / road/rail blockades are illegal and unconstitutional and organizers must be prosecuted.
ABout changes in Changes in Constitutional (Forty-Second) Amendment Act
Definition of State as per Article 12 f the Constitution of India with emphasis on Relevant case law
Justice KS Puttaswamy (Retd) and Anr vs UOI held that right to privacy is a fundamental right.
You want India to defend Kashmir, feed its people, give Kashmiris equal rights all over India. But you want to deny India and Indians all rights in Kashmir. I am a Law Minister of India, I cannot be a party to such a betrayal of national interests.
Faheema Shirin RK Vs State of Kerala and others that right to access internet is a fundamental right forming part of right to privacy under Article 21 of the Constitution of India.
the Supreme Court of UK has gone all guns blazing by categorically and courageously pronouncing in Gilham v Ministry of Justice the whistle-blowing protection envisaged under Employment
What is child labour ? Why bonded in india?
Shiv Sena And Ors. Vs UOI whether the newly sworn in Chief Minister Devendra Fadnavis enjoys majority in the State Assembly or not! This latest order was necessitated after Shiv Sena knocked the doors of the Apex Court along with Nationalist Congress Party (NCP) and Congress.
Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), saying they are two different things. We all saw in different news channels that many people who were protesting did not had even the elementary knowledge of CAA but were protesting vehemently just on the provocation of leaders from different political parties
Sanmay Banerjee v/s. West Bengal in exercise of Constitutional writ jurisdiction on the appellate side has that people have every right to criticize dispensation running the country, being legislature, executive or judiciary
On May 16, 1946 Cabinet Mission Plan arbitrarily announced to group British Indian states in A, B & C categories. Assam was kept in Group C with Bengal, creating a predominantly Muslim zone in Eastern India like the one proposed to be setup in western India.
Top political leaders and Members of Parliament from Left Parties have very often raised the questions of atrocities and accommodation of these minorities even in the Parliament. Unfortunately when this dream of opening the doors of India for her cultural children was about to be realized
Why is it that even after more than 81 days the blocking of road at Shaheen Bagh in Delhi is continuing uninterrupted since 15 December 2019? Why is it that Centre allowed this to happen? Why were they not promptly evicted?
The Basic Structure Of Indian Constitution Or Doctrine Applies During The Time Of Amendments In Constitution Of India. These Basic Structure State That The Government Of India Cann’t Touch Or Destroy
Arjun Aggarwal Vs Union Of India And Anr (stay) dismissed a PIL filed by a petitioner who is a law student. The PIL had challenged the June 30 order of the Ministry of Home Affairs wherein considerable relaxations from lockdown were operationalised under Unlock 1.0
This blog deals explains the Right to Access Internet as a Fundamental Right under Constitution of India and the reasonable restrcitions which it is subject to and whether it can be considered to be a fundamental right or not.
This article talks about what exactly is meant by the doctrine of colourable legislation, how various case laws have come up time and again to reiterate its meaning and how the supreme court views this doctrine. To address legislative transparency for some improvements in the legislative system, colorable legislation is necessary to be studied
Shri Naini Gopal Vs The Union of India and Ors. in Case No. – LD-VC-CW-665 of 2020 has minced no words to hold that: We need to remind the Bank that the pension payable to the employees upon superannuation is a property under Article 300-A of the Constitution of India
Article 25 of the Constitution of India, thus ruled that the immediate family members of Covid-19 victims be permitted to perform the funeral rites of the deceased subject to them following certain precautionary guidelines
Top