High Court / Judicial Review क्या है?
ऐतिहासिक पृष्ठभूमि
मुख्य प्रावधान
9 points- 1.
Article 214 states that there shall be a High Court for each state.
- 2.
Article 226 empowers High Courts to issue writs Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for the enforcement of fundamental rights and for 'any other purpose'.
- 3.
Article 227 grants High Courts supervisory jurisdiction over all courts and tribunals within their territorial jurisdiction.
- 4.
High Courts have both original and appellate jurisdiction in civil and criminal matters.
- 5.
Judicial review ensures the supremacy of the Constitution and protects fundamental rights.
- 6.
It acts as a check on the powers of the legislature and the executive.
- 7.
The scope of judicial review is limited by the 'procedure established by law' and the 'basic structure doctrine'.
- 8.
The power of judicial review extends to laws passed by Parliament and state legislatures, as well as orders of statutory bodies.
- 9.
Judges of High Courts are appointed by the President under Article 217.
दृश्य सामग्री
Judicial Review: Constitutional Basis & Scope
This mind map elucidates the principle of Judicial Review, detailing its constitutional foundations, the extent of its application, and its critical role as a check on legislative and executive power in India.
Judicial Review
- ●Constitutional Basis
- ●Scope & Application
- ●Limitations
- ●Significance
Writ Jurisdiction: Supreme Court (Art 32) vs. High Court (Art 226)
This table provides a comparative analysis of the writ jurisdiction of the Supreme Court and High Courts, highlighting their similarities and differences, which is a frequently tested topic in UPSC exams.
| Aspect | Supreme Court (Article 32) | High Court (Article 226) |
|---|---|---|
| Jurisdiction Scope | Only for enforcement of Fundamental Rights. | For enforcement of Fundamental Rights AND for 'any other purpose' (legal rights, statutory rights, etc.). |
| Territorial Jurisdiction | Throughout the territory of India. | Within its territorial jurisdiction or where the cause of action arises. |
| Locus Standi | Can be invoked by 'any person' whose FRs are violated. Public Interest Litigation (PIL) has broadened this. | Can be invoked by 'any person' whose rights are violated. PIL also applicable. |
| Original Jurisdiction | Original jurisdiction, but not exclusive (can also approach HC first). | Original jurisdiction, but not exclusive (can also also approach SC first). |
| Discretionary Power | Cannot refuse to exercise its writ jurisdiction if a Fundamental Right is violated (FR 32 itself is a FR). | Can refuse to exercise its writ jurisdiction (discretionary power). |
| Constitutional Status | A Fundamental Right itself (Right to Constitutional Remedies). | A constitutional right, but not a Fundamental Right. |
| Power to Issue Writs | Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. | Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. |
हालिया विकास
5 विकासIncreased judicial activism and public interest litigation (PIL) have expanded the scope of judicial review.
Debates on judicial overreach versus judicial restraint, particularly concerning policy matters.
High Courts frequently adjudicate on the legality of actions by statutory bodies and government orders.
The appointment process for High Court judges through the Collegium System remains a topic of discussion.
High Courts play a crucial role in upholding the rule of law and ensuring accountability of state and central agencies.