Question

With reference to the jurisdiction of High Courts write short notes on:
(a) The High Court as the Court of Record.
(b) Its power to issue Writs.
(c) Its power of Judicial Review.

Answer 1

(a) The High Court as the Court of Record.
A High Court, like the Supreme Court, is also a ‘Court of Record.’ This means that it is compulsory for the lower courts in a State to follow the decisions of the High Court which are cited as precedents. The fact that a High Court has been given the position of ‘Court of Records’ also entails the following:
• The proceedings, judgment, and acts of High Court are recorded and lasting in nature. These records are preserved as evidence. When produced before any lower court, they cannot be questioned. They serve as legal references.
• The High Court is empowered to punish for contempt of court either with simple imprisonment or fine or both.
• The High Court is empowered to review its own decision or orders, though such power is not vested in it by the Constitution.

(b) Its power to issue Writs.
The High Court acts as the guardian of fundamental rights by declaring any law that infringes upon these rights null and void. The High Court is authorized to issue writs of habeas corpus, mandamus, and prohibition certiorari and quo warranto for the enforcement of the fundamental rights and ‘for other purposes’.
(c) It's power of Judicial Review.
The High Court has been empowered with the action of judicial review over all legislative and executive acts of Central and state governments. If found in violation of provisions of the Constitution these acts can be declared null and void by the High Court.