What is original and writ jurisdiction of High Court?
Q. Which of the following falls under original jurisdiction of High Court?
1) Enforcement of fundamental rights of citizens.
2) Disputes relating to the election of members of Parliament.
3) Matters of admirality.- Published on 09 Mar 17a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above
ANSWER: All of the above
Original Jurisdiction of High Court -
High court can hear disputes in the first instance for -
(a) Disputes relating to the election of members of Parliament and state legislatures.
(b) Matters of admirality, will, marriage, divorce etc.
(c) Revenue matter or an act ordered or done in revenue collection.
(d) Enforcement of fundamental rights of citizens.
(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution.
(f) Calcutta, Bombay, Madras and Delhi High Courts have original civil jurisdiction in cases of higher value.
- The Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction till 1973 which was abolished by the Criminal Procedure Code, 1973.
Writ Jurisdiction of High Court -
- Article 226 - Every high court can issue writs (including habeas corpus,mandamus, certiorari, prohibition and quo-warrento) for the enforcement of any of the rights conferred by Part III and for any other purpose.
- Writ jurisdiction of the High Court is wider than that of the Supreme Court, because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose.
- If the cause of action arises within its territorial jurisdiction,the High Court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction.
- The writ jurisdiction of both the High Court and the Supreme Court is a part of the basic structure of the Constitution.
- It cannot be removed or changed by a Constitutional Amendment.
