High Court - Judicial review and Court of Record

Q.  Which of the following are true?

1) The judgements, proceedings and acts of the High Court cannot be questioned when produced in any court.
2) Article 226 gives power of judicial review to High Court.

- Published on 09 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
    Judicial review -

  • Power of judicial review has been explicitly conferred on the High Courts by Articles 13 and 226.

  • Grounds for checking constitutionality of legislative enactment or executive order is same as that of the Supreme court.

  • 42nd Amendment Act of 1976 curbed this power of High Court.

  • It said that High Courts cannot check the constitutional validity of any Union law.

  • But, the 43rd Amendment Act of 1977 restored the power.

  • A Court of Record -
    As a Court of Record, the High Court has 2 powers -

    1. The judgements, proceedings and acts of the High Court are recorded for perpetual memory and testimony. These can be used as references and cannot be questioned when produced in any Subordinate Court.

    2. It can punish for contempt of court. Punishment can be fine or imprisonment or both.

  • Civil contempt of court means willful disobedience to any judgement, order, writ, undertaking etc.

  • Criminal contempt of court means the publication of any matter or doing an act which -

    (a) lowers authority of a court;

    (b) interferes with the judicial proceeding;

    (c) prejudices judgment of judiciary; and

    (d) interferes with administration of justice in any other manner.

    Following are not considered as contempt of court -

    (a) innocent publication and distribution of some matter;

    (b) fair and accurate report of judicial proceedings;

    (c) fair and reasonable criticism of judicial acts; and

    (d) comment on the administrative side of the judiciary etc.

  • Though specific power has not been conferred by Constitution on the High Courts, the High Courts can review and correct its own Judgements.

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