What is supervisory jurisdiction of High Court?

Q.  Which of the following is/are true regarding supervisory jurisdiction of High Court?

1) Supervisory Jurisdiction of High Court does not include administrative superintendence.
2) High Court doesn’t handle transfers of the members of the judicial service of the state (other than district judges).
- Published on 09 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Neither 1 nor 2
 
    Supervisory Jurisdiction of High Court -

  • A High Court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction.

  • This does not include military courts or tribunals.

  • This power of a High Court is very wide.

  • It extends to all courts and tribunals whether they are subject to the appellate jurisdiction of the High Court or not.

  • It covers administrative as well as judicial superintendence.

  • It has revisional jurisdiction.

  • It can take action suo-motu and it is not necessarily on the application of a party.

    • Usually, it is restricted to -

    1. excess of jurisdiction;

    2. disregard to the law of superior courts;

    3. gross violation of natural justice;

    4. error of law;

    5. perverse findings;

    6. manifest injustice etc.

    Control of High Court Over Subordinate Courts -

  • A high court has an administrative control and other powers over subordinate Courts.

    • These include -

  • Appointment, posting and promotion of district judges etc., is done by Governor on consulting the High Court.

  • High Court handles matters of posting, promotion, transfers etc., of the members of the judicial service of the state (other than district judges).

  • High Court can withdraw a case pending in a subordinate court if it involves a substantial question of law that require the interpretation of the Constitution.

  • High Court can then either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgement.

  • Law of High Court is binding on all subordinate courts functioning within its territorial jurisdiction.

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