Question

With reference to the powers of the High Court, answer the following questions:

1. How does the High Court act as a custodian of the Constitution?
2. How does the High Court act as a protector of Fundamental Rights?
3. What do we mean when we say that the High Court is a 'Court of Record'? 

Answer 1

1. The High Court, like the Supreme Court, has the authority to conduct judicial reviews. If an act, executive order, or ordinance violates Fundamental Rights or the Constitution, the High Court can declare it null and void. The High Court has the authority to withdraw a Constitutional case from a Subordinate Court and either deal with it or return it with directions.
2. All High Courts can issue 'Writs'. A Writ is a judicial order that directs someone to do or not do something. The Writs issued include Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. Writs play an important role in protecting citizens' fundamental rights.
3. The High Court is a court of record, which means that its decisions and orders are recorded and can be used as an example in other courts. The Court has the jurisdiction to penalize individuals who disrespect the court. The Supreme Court or Parliament cannot remove the High Court of this right.