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Ajay David (Partner)     29 June 2014

What is original jurisdiction of the high court

I want to know about the Original Jurisdiction of the High Court.

Can you please post Supreme Court or High Court Judgments where this is explained/ interpreted. Or any Articles by eminent jurists.

which are the cases entertained/tried by HC's under Original Jurisdiction? Say Bombay High Court.

your inputs will be extremely helpful to me


 1 Replies

Dibakar Ray (Advocate.)     11 July 2014

The Constitution of India does not give a detailed descripttion of the original jurisdiction of the High Court. It is accepted that the original jurisdiction of a High Court is exercised by issue of Writs to any person or authority including Government.

Article 226 of the Constitution vests in the High Court the power to issue writs for the restoration of fundamental rights. It reads, “Notwithstanding anything in Article 32, every 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 including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them for the enforcement of any of the rights conferred by part III and for any other purpose”.

This power of the High Court does not derogate the similar power conferred on the Supreme Court in Article 32 of the Constitution.

The original jurisdiction of the High Courts also extends to the matters of admiralty, probate, matrimonial and contempt of Court cases. The High Courts have also full powers to make rules to regulate their business in relation to the administration of justice. It can punish for its own contempt.

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