Distinction Between Constitutional and Statutory Powers of High Courts

Constitutional powers of the High Court emanate directly from the text and spirit of the Constitution of India and are self-sustaining, apex powers insulated from ordinary legislative curtailment. Statutory powers, by contrast, are derivative and conditional, drawing their authority entirely from specific statutes enacted by the Parliament or State Legislatures. Statutory powers exist strictly within the four corners of the enabling statute and must conform meticulously to the parameters, conditions, and legislative intent expressed therein. A High Court sitting in a statutory jurisdiction, such as deciding a bail application under Section 439 CrPC, cannot lift its statutory power to the level of constitutional power to bypass statutory limits. The inherent constitutional status of the High Court does not grant it license to disregard statutory boundaries or rewrite clear legislative prescriptions while deciding statutory matters. One form of judicial power cannot usurp or enlarge the scope of another unless explicitly authorized by constitutional or statutory law. Judicial review of statutory power is strictly confined to ensuring that the authority acted within the statutory scope and purpose. (The State of Uttar Pradesh v. Anurudh & Anr. | 2026 INSC 47)