Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)

SEMESTER: THIRD
BBALLB & BALLB
NAME OF THE SUBJECT: CONSTITUTION – I
UNIT-II
TOPIC: JUDICIARY: JURISDICTION OF HIGH COURT
& SUPREME COURT AND INDEPENDENCE OF
JUDICIARY

FACULTY NAME: Ms. Ridam Aggarwal

(Assistant Professor)
 Jurisdiction of High Court

The Jurisdiction of High Court can be divided into three parts –

1) Original Jurisdiction- it means that applicant can directly go to High Court and not
by means of appeals. This power is used in the following matters –
• Disputes arising out of relating to members of Parliament and state legislative
assembly
• Relating to marriage, law, admiralty divorce, contempt of court etc
• Enforcement of fundamental rights (Supreme Court also has this power)
• Cases transferred from other court to itself which involves a question of law.
2) Writ Jurisdiction- Article 226 states that High Court shall have power throughout
the territories in relation to which it exercises jurisdiction to issue to any person or
authority including in appropriate cases, any government, within those territories
directions, orders, or writs.

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Jurisdiction of High Court Cont.
3) Appellate Jurisdiction-
• It is said that the high court is the primary court of appeal i.e. it has power to hear
the appeals against the judgment of the subordinate courts within its territories.
This power can be classified in to 2 categories-Civil jurisdiction and Criminal
jurisdiction
• In civil cases its jurisdiction includes to the orders and judgments of the district
courts, additional district courts and other subordinate courts.
• In criminal cases its jurisdiction includes judgments relating to sessions courts and
additional sessions court. These cases should be involving imprisonment for more
than 7 years, confirmation of any death sentence awarded by session court before
execution

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Jurisdiction of Supreme Court
The Jurisdiction of Supreme Court can be broadly divided into three parts :
1) Original Jurisdiction
a) Writ Jurisdiction
b) Election Disputes relating to President/Vice-President of India
c) Original Suits
d) Transfer of Cases
e) Arbitration Matters
f) Contempt Proceedings

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Jurisdiction of Supreme Court Cont.

2) Appellate Jurisdiction
a) General
b) Statutory Appeals
c) Special Leave Petitions
d) Reference
3) Advisory Jurisdiction

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Relevant Articles

• Art. 32 - Remedies for enforcement of rights conferred by this Part

• Art. 137 - Review of judgments or orders by the Supreme Court
• Art. 142 - Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
• Curative Petitions

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 Case Laws – Landmark Case

Rupa Ashok Hurra V. Ashok Hurra (AIR 2002 SC 1771)

Issue – Whether an aggrieved person is entitled to any relief against a final
judgment/order of SC, after dismissal of review petition, either under Art. 32 or
otherwise?
Held – A final judgment/order passed by SC cannot be assailed in an application under
Art. 32 by an aggrieved party whether he was a party to the case or not.

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
 THANK YOU!

Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)