Question

With reference to the jurisdiction of High Courts, write short notes on:

1. Revisory Jurisdiction of High Courts.
2. Its power to issue Writs.
3. Its power of Judicial Review.

Answer 1

1. Revisory Jurisdiction allows the High Court to review a case resolved by a lower court.
   1. The High Court may act if it believes the Subordinate Court exceeded its authority or did not follow correct procedures.
   2. The High Court can evaluate and take necessary action on the case. This is the High Court's Revisory Jurisdiction.
   3. A revisory jurisdiction applies in the following cases:
      1. An obvious discrimination or legal error on the record.
      2. Violates natural justice standards.
      3. Arbitrary authority can lead to incorrect decisions.
      4. There is a clear error in the method.
2. All High Courts can issue 'writs'.
   1. A writ is a judicial order that directs someone to do or not do something.
   2. The writs issued include Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
   3. These writs play an important role in protecting citizens' fundamental rights.
3. The High Court has the authority of judicial review.
   1. If a law, executive order, or other authority violates Fundamental Rights or Constitutional provisions, the High Court has the right to declare it "null and void."
   2. The High Court has the authority to withdraw or transfer a constitutional case from a Subordinate Court with specific instructions.
   3. The 42nd Amendment Act, 1976, removed the High Court's ability to rule on the validity of State laws during an emergency.
   4. The cancellation of certain parts of the 42nd Amendment allowed the High Courts to review the constitutionality of State laws, executive orders, and regulations.