The High Courts are vested with extensive powers and jurisdiction. The jurisdiction and powers of a High Court are governed by specific principles-

• Constitutional Provisions
• Acts of Parliament
• Acts of State Legislature
• Indian Penal Code, 1860,
• Criminal Procedure Code, 1973 and
• Civil Procedure Code, 1908.

The powers and jurisdiction of the High Court can be divided into the following categories-

Original Jurisdiction of High Courts

The High Court has the authority to accept cases in the first instance, rather than exclusively through appeals. Below are the key areas in which High Courts have original jurisdiction:

• Cases related to admiralty and contempt of court.
• Election petitions involving disputes related to election of members of parliament and state legislatures.
• The High Courts of Delhi, Bombay (Mumbai), Calcutta (Kolkata), and Madras (Chennai) possess original jurisdiction in civil cases with a higher monetary value.
• Revenue matters.
• Infringement of Fundamental Rights.
• Matters that have been ordered to be transferred to the High Court from lower courts, particularly those involving the interpretation of the Constitution.

Appellate Jurisdiction of High Courts

In addition to its original jurisdiction, the High Court hears appeals from subordinate courts within its territorial jurisdiction. Its appellate jurisdiction encompasses both civil and criminal matters, making it broader than its original jurisdiction, which is limited to civil matters.

Civil Matters in High Court’s Appellate Jurisdiction

The High Court’s appellate jurisdiction includes appeals from the orders and judgments of district courts, civil district courts, and subordinate courts regarding both questions of law and fact (provided the amount exceeds a certain limit).

• If a single-judge bench of the High Court renders a decision, an appeal from that decision may be taken to a division bench of the same High Court.
•  The High Court also evaluates appeals from the decisions of tribunals. The Supreme Court, in the Chandra Kumar case (1997), established that tribunals are subject to the writ jurisdiction of the High Court. Consequently, an aggrieved party cannot approach the Supreme Court directly regarding tribunal decisions without first seeking recourse through the High Court.

Criminal Matters in High Court’s Appellate Jurisdiction

• It includes appeals from judgements and orders of the sessions court and additional sessions court if the sentence is one of imprisonment for more than seven years.
• Furthermore, any death sentence awarded by a sessions court or an additional sessions court must be confirmed by the High Court before it can be executed, regardless of whether there is an appeal by the convicted individual.

Supervisory Jurisdiction of High Court

According to Article 227, the High Court has the power of superintendence over all courts and tribunals within its territorial jurisdiction (except military courts or tribunals). For these purposes, the High Court may:

• Establish and issue general rules and prescribe forms for regulating the practice and procedures of such courts. 
• Define the forms in which records, entries, and accounts are maintained by the officers of such courts. 
• Determine fee structures to be allowed to sheriffs, clerks, officers, and attorneys, advocates, and pleaders practicing in those courts.

The supervisory power of the High Court is extensive, covering all courts and tribunals, whether or not they fall under the appellate jurisdiction of the High Court. This power includes both administrative and judicial superintendence and can be exercised suo motu (on its own accord) without necessarily requiring an application from a party.

However, it is essential to note that this power does not grant the High Court unlimited authority over subordinate courts and tribunals. Being an extraordinary power, it must be used sparingly. Cases of appropriate use include Excess jurisdiction, Gross violation of natural justice, Error of law, Disregarding for the law of superior courts, and Perverse findings and manifesting injustice.

Writ Jurisdiction of High Courts in India

• Constitutional provision: According to Article 226 of the Constitution, the High Court has the power to issue certain writs. This article states that the High Court can issue orders or writs, including those in the nature of habeas corpus, mandamus, prohibitions, quo warranto, and certiorari. 
• Wider jurisdiction: The High Courts have broader jurisdiction than the Supreme Court regarding writs; they can issue writs not only for the enforcement of fundamental rights under Part III of the Constitution but also for other legal rights, such as the right to property.
• Exercise of power: The writ jurisdiction of the High Court permits it to issue writs to any authority, person, or government entity, both within and outside its territorial jurisdiction, provided the cause of action arises within that jurisdiction. This remains the case regardless of the location of such government, authority, or individual.
• Concurrent power: Additionally, the writ jurisdiction of the High Court is concurrent, meaning that it is not exclusive. The Supreme Court also has the authority to issue writs for the enforcement of fundamental rights. Citizens may thus approach either the High Court or the Supreme Court in cases of alleged fundamental rights violations. 

Writ jurisdiction of both the High court and Supreme court constitute part of the basic structure of the Constitution. The power conferred on a High Court by Article 226 should not be in derogation of the power conferred on the Supreme court by Article 32.

Control and Supervision of Subordinate Courts by High Courts in India

The High Court has been granted significant authority and control over subordinate courts. It possesses not only supervisory jurisdiction but also administrative powers, which include:

• Appointment matter: The High Court is consulted by the Governor regarding the appointment, posting, and promotion of district judges, as well as the appointment of individuals to the state’s judicial service (excluding district judges).
• Service matters: The High Court addresses matters related to posting, promotion, leave, transfers, and discipline of members of the state judicial service (other than district judges).
• Transfer of cases: The High Court can withdraw a case from a subordinate court if it involves a substantial question of law requiring Constitutional interpretation. It can either resolve the case itself or clarify the question of law and return the case to the subordinate court with its judgment.
• Binding decisions: Decisions made by the High Court are binding on all subordinate courts operating within its territorial jurisdiction.

Court of Record

Article 215 establishes that the High Court is a court of record. It indicates that the High Court will function as a court of record and possesses all the powers associated with such a court, including the authority to punish for contempt of itself. This entails two key points: 

• The judgments, proceedings, and actions of the High Court are documented for lasting memory and evidence. These records are considered to hold evidentiary value and cannot be challenged when presented before any lower court. They are acknowledged as legal precedents and references. 
• It has the power to punish contempt of court, with simple imprisonment for a term up to six months or with a fine up to 2,000 or both. 

Being a court of record, the high courts can review its earlier judgements or decisions even though no such specific powers of review have been conferred on it by the constitution.

Power of judicial review

The High Court has also been conferred with the power of reviewing the constitutionality of legislative enactments as well as executive actions of the Centre, State and other such bodies possessing executive powers. If any such enactments, actions, or orders are found to violate the constitution, they may be deemed unconstitutional. 

Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Although the term ‘judicial review’ is not explicitly mentioned in the Constitution, Articles 13 and 226 provide the High Court with the authority for judicial review. The constitutional validity of a legislative action or an executive directive can be contested in a High Court based on three grounds:

1. It breaches fundamental rights (Part III), 
2. It exceeds the authority of the entity that enacted it, and 
3. It contradicts the provisions of the constitution.