Isabella Carter
The High Court is the highest court in the Australian judicial system, and its main job is to interpret the Australian Constitution and settle disputes about its meaning. The High Court can consider federal laws and decide whether the Constitution gives the Australian Parliament the power to make that law. Similarly, in India, the High Court is a constitutional court and is not subordinate to the Supreme Court. It is the apex judicial body within the State, responsible for interpreting the law, safeguarding fundamental rights, and ensuring the rule of law prevails across its jurisdiction. The High Court of India has administrative control over subordinate courts and can withdraw a case if it involves a substantial question of law that requires the interpretation of the Constitution.
| Characteristics | Values |
|---|---|
| Main job | Interpret the Constitution and settle disputes about its meaning |
| Power | Can consider federal laws and decide whether the Constitution gives Parliament the power to make that law |
| Power | Can invalidate any law or part of a law deemed to be unconstitutional |
| Position | Highest court in the Australian judicial system |
| Location | Canberra |
| Established | 1901 by Section 71 of the Constitution |
| Functions | Interpret and apply the law of Australia |
| Functions | Decide cases of special federal significance, including challenges to the constitutional validity of laws |
| Functions | Hear appeals, by special leave, from Federal, State and Territory courts |
| Number of courtrooms | 3 |
| Number of High Courts in India | 25 |
| Position of High Courts in India | Not subordinate to the Supreme Court; constitutional courts |
| Powers of High Courts in India | Interpret the Constitution and entertain judicial review petitions |
| Jurisdiction of High Courts in India | See multiple sources |
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What You'll Learn
Interpreting the law
Australia
The High Court of Australia is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The Court's main job is to interpret the Australian Constitution and settle disputes about its meaning. It can consider federal laws and decide whether the Constitution gives the Australian Parliament the power to make that law. The High Court can invalidate any law or part of a law it finds to be unconstitutional.
India
The High Court in India is a constitutional court and is not subordinate to the Supreme Court. It has the power to interpret the Constitution and entertain judicial review petitions. There are 25 High Courts in India, three of which have jurisdiction over more than one state. The High Court stands as the apex judicial body within the State, interpreting the law, safeguarding fundamental rights, and ensuring the rule of law within its jurisdiction. The High Court has administrative control over subordinate courts, including the power to withdraw a case if it involves a substantial question of law that requires the interpretation of the Constitution.
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Settling disputes
The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The High Court of Australia is responsible for interpreting the Australian Constitution and settling disputes regarding its meaning. It can review federal laws and determine whether they align with the Constitution. If a law is deemed unconstitutional, the High Court has the authority to invalidate it.
In India, the power to interpret the Constitution is shared by both the Supreme Court and the High Courts. The High Courts are not subordinate to the Supreme Court; instead, they are considered constitutional courts. The High Courts play a pivotal role in interpreting the law, protecting fundamental rights, and ensuring the rule of law within their jurisdiction. They have administrative control over Subordinate Courts and are consulted on matters such as the appointment and promotion of district judges.
The Indian High Courts have original jurisdiction, which means they can hear disputes directly, rather than through an appeal process. This includes disputes related to the election of members of Parliament and State Legislatures, revenue matters, and the enforcement of citizens' fundamental rights. Additionally, High Courts can withdraw cases from subordinate courts if they involve substantial constitutional questions. They can then choose to dispose of the case or determine the legal question and return it to the subordinate court with their judgment.
The Supreme Court of India also has a Mediation Centre that resolves matters referred to it by the Court. While the High Courts have extensive powers, the Supreme Court can direct the transfer of cases from one High Court to another or from a subordinate court to a High Court. In criminal cases, an appeal can be made to the Supreme Court if the High Court has reversed an acquittal or made specific sentencing decisions.
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Safeguarding fundamental rights
The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The High Court's primary role is to interpret the Australian Constitution and settle disputes regarding its meaning. It can examine federal laws and determine whether the Constitution empowers the Australian Parliament to enact them. Notably, the High Court can invalidate any law or part of a law deemed unconstitutional.
In India, the Supreme Court and the High Courts share the power to interpret the Constitution and entertain judicial review petitions. The High Courts are not subordinate to the Supreme Court and are referred to as constitutional courts. The High Court is the apex judicial body within a state, responsible for interpreting the law, safeguarding fundamental rights, and ensuring the rule of law within its jurisdiction.
The High Court's original jurisdiction includes the power to hear disputes directly, not as an appeal. This jurisdiction encompasses disputes related to the election of members of Parliament and State Legislatures, revenue matters, and the enforcement of citizens' fundamental rights. The High Court can withdraw a case from a subordinate court if it involves a substantial question of law requiring constitutional interpretation. Subsequently, the High Court can either dispose of the case or determine the legal question and return it to the subordinate court with its judgment.
The High Court's administrative control extends to the Subordinate Courts. It is consulted by the Governor in matters of appointment, posting, and promotion of district judges and other judicial service personnel. The High Court also handles posting, promotion, leave, transfers, and discipline of judicial service members, excluding district judges.
The strength of a High Court is determined by the President, who appoints the Chief Justice and other judges. The Chief Justice is appointed in consultation with the Governor of the respective state and the Chief Justice of India. The President appoints other judges after consulting the Governor of the State, the Chief Justice of India, and the Chief Justice of the concerned High Court.
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Ensuring the rule of law
The High Court of Australia is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The High Court interprets the Australian Constitution and settles disputes about its meaning. It can consider federal laws and decide whether the Constitution gives the Australian Parliament the power to make that law. The High Court can invalidate any law or part of a law that it finds to be unconstitutional.
In India, the High Court is a constitutional court and is not subordinate to the Supreme Court. The High Court is the apex judicial body within the State and has the responsibility of interpreting the law, safeguarding fundamental rights, and ensuring the rule of law. The High Court stands at the head of a State's judicial administration. There are 25 High Courts in India, three of which have jurisdiction over more than one state. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The Chief Justice and other judges of the High Court are appointed by the President of India.
The High Court has administrative control over subordinate courts, including the power to withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. The High Court can then dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgment. Its law is binding on all subordinate courts functioning within its territorial jurisdiction.
The Supreme Court of India has wider jurisdiction than the High Courts. It has original and appellate jurisdiction, while the High Court has only appellate jurisdiction. The Supreme Court has the power to issue directions, orders, or writs to enforce fundamental rights and can direct the transfer of any civil or criminal case from one High Court to another. In criminal cases, an appeal lies to the Supreme Court if the High Court has reversed an acquittal and sentenced the accused to death or a long period of imprisonment.
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Hearing appeals
In India, the High Court is a constitutional court and is not subordinate to the Supreme Court. The High Court interprets the Constitution and entertains judicial review petitions, alongside the Supreme Court. The High Court stands as the apex judicial body within the State, interpreting the law, safeguarding fundamental rights, and ensuring the rule of law prevails across its jurisdiction.
The High Court has administrative control over subordinate courts, including the power to withdraw a case if it involves a substantial question of law that requires the interpretation of the Constitution. It can then either dispose of the case or determine the law and return the case to the subordinate court. The High Court's law is binding on all subordinate courts within its territory, just as the Supreme Court's law is binding on all courts in India.
The High Court has original jurisdiction, meaning it can hear disputes in the first instance, not by way of appeal. This includes disputes relating to the election of members of Parliament and State Legislatures, revenue matters, and the enforcement of citizens' fundamental rights.
In criminal cases, an appeal can be made to the Supreme Court if the High Court has reversed an acquittal and sentenced the accused to death or a long prison term, or if the High Court has withdrawn a case from a subordinate court and convicted the accused, resulting in a severe sentence. The Supreme Court can also grant special leave to appeal from any judgment or matter passed by any court in India.
In Australia, the High Court is the highest court in the judicial system, with the main role of interpreting the Australian Constitution and settling disputes about its meaning. It can consider federal laws and decide whether the Constitution gives Parliament the power to make those laws, invalidating any laws found to be unconstitutional. The High Court also hears appeals by special leave from Federal, State, and Territory courts.
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Frequently asked questions
The High Court interprets the Constitution and settles disputes about its meaning. It can consider federal laws and decide whether the Constitution gives Parliament the power to make that law. The High Court can also invalidate any law or part of a law that is found to be unconstitutional.
The High Court is not subordinate to the Supreme Court. They are both constitutional courts. The Supreme Court has wider jurisdiction than the High Court, as it has original and appellate jurisdiction, while the High Court only has appellate jurisdiction.
The High Court has administrative control over subordinate courts. It can be consulted by the Governor in the matters of appointment, posting, and promotion of district judges and in the appointments of persons to the judicial service of the state. The High Court can also withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution.
The High Court can invalidate any law or part of a law that is found to be unconstitutional. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order, or sentence in a criminal proceeding of a High Court.
