The Indian judiciary is divided into several levels, each with its own set of powers, functions, and jurisdictions. The High Court and the Supreme Court are two of the most important courts in India, with different roles and responsibilities. In this article, we will explore the differences between the High Court and the Supreme Court in India, and their respective roles in the Indian judicial system.
The Indian judicial system is one of the largest in the world, with a hierarchy of courts that serve to dispense justice to citizens of the country. At the top of the hierarchy are the High Court and the Supreme Court, which are two of the most significant courts in the Indian judicial system. In this article, we will explore the differences between these two courts and understand their roles, functions, and jurisdictions.
Jurisdiction
The jurisdiction of a court refers to the geographical area or type of cases that it has the power to hear and decide upon. The High Court has jurisdiction over a state or a group of states, while the Supreme Court has jurisdiction over the entire country. Each state in India has its own High Court, and the jurisdiction of the High Court extends to all the districts within that state. The High Court is the highest court in a state, and its jurisdiction covers both civil and criminal cases.
The Supreme Court, on the other hand, is the highest court in the country and has appellate jurisdiction over all High Courts in India. This means that the Supreme Court can hear appeals against the decisions of the High Courts. The Supreme Court can also hear cases that are of national importance or that involve a substantial question of law or interpretation of the Constitution.
Powers
The powers of a court refer to the legal authority that it has to enforce the law and protect the rights of citizens. The High Court and the Supreme Court have different powers, and each court plays a distinct role in the Indian judicial system.
The High Court has the power to issue writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari. These writs are used to enforce fundamental rights and to keep the executive in check. For example, if a person is detained by the police illegally, they can file a writ of habeas corpus in the High Court to secure their release. The High Court also has the power to hear appeals against the decisions of subordinate courts, and has original jurisdiction over cases such as writ petitions, public interest litigation, and election petitions.
The Supreme Court also has the power to issue writs, but it can also hear appeals against the decisions of the High Court. The Supreme Court has the power of judicial review, which means that it can review the actions of the executive and legislative branches of the government to ensure that they are consistent with the Constitution. This power of judicial review is a significant power that the Supreme Court has, and it is used to protect the fundamental rights of citizens and to ensure that the government does not overstep its bounds.
Roles:
The High Court and the Supreme Court have different roles in the Indian judicial system. The High Court acts as a court of appeal and a court of original jurisdiction. As a court of appeal, it hears appeals against the decisions of subordinate courts. As a court of original jurisdiction, it has the power to hear cases that are filed directly with it, such as writ petitions, public interest litigation, and election petitions.
The Supreme Court, on the other hand, is primarily a court of appeal. It hears appeals against the decisions of the High Courts and also has the power to hear cases that involve a substantial question of law or a matter of public importance. In addition, the Supreme Court has the power of judicial review, which
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