The StateCivics Chapter 5
Short Answer Questions Judiciary: The High Courts
Name two
1. High Courts
State. of India
Guwahati High Court whOse iurisdiction extends to more than one
India whose jurisdiction and
extends toChandigarh High Court
more than one State.
are the two High Courts of
2. Name a Union
The National Territory which has a High Court of its own.
Capital
3 What is meant by the
Territory
of Delhi has its own High Court.
Each High Court
Composition
may from time to time has a Chief of a High Court?
Justice and such other Judges as the President
Therefore, their numberappoint. The number
varies of the judges of a High Court is
fom state to state. not fixed.
4. Who appoints the
The Judges of the Judges of the
with the Chief Justice of High Court areHigh Court?
India and appointed by the President in consultation
5. How are the Chief f Governor of the State concerned.
Justice and othe
Who have to be Judges of High Court appointed?
Judges and Chiefconsulted by the (OR)
The Chief Justice Justice of Appointing authority for the appointment of
of the Highthe High Court?
consultation with the Court is appointed by the President of
concerned state. The Chief Justice of the Supreme India in
manner except that inapp0intment of other iudges Court and the Governor of the
their case the Chief shall also made in
consulted. Justice of the HighbeCourt the same
shall also be
6
Mention any one qualification
Court besides being a that has been laid
Citizen of India. down for a Judge of a
One qualification that has High
being a Citizen of India is been laid down for a Judge ofa High
that one should Court
least 10 years. have held a judicial
office in India besides
for at
7. Who administers the Oath of
A Judge of a High Court, Office to the Judge of a High Court?
before the Governor of the before he enters upon his office,
State, or some person appointed shall take an Oath
in that behalf by him.
8.
What is the tenure of a Judge of a High Court?
Every judge of a High Court shall hola
years. otice until he attains the age of 62
9, On what grounds can a Judge of the High Court be removed from
office on the Office?
Ajudge can be removed from ground of proved nisbchaviour or
incapacity.
10. What is nmcant by the Original Jurisdiction. of the High Court?
The original jurisdiction extends tothose cascs which
tohear and decide in the first instance. High Court has authority
Mention two types of caseS in
which the High Court
Jurisdiction. exercises Original
The High Court exercises Original Jurisdiction with
matters: respcct to the following
The cases regarding wills, divorce,
marriage, Admiralty, Company Law
Contempt of Court can be taken up by the High court directly and
2 The High Court has the power to
1sSue Writs for the cnforcement
Fundamental Rights. of
12. Mention twotypes of cases in which the
Jurisdiction. High Court exercises Appellate
Appellate jurisdiction of the High Courts is
1. In Civil cases the High both civil and criminal.
District Judges. Courts hear the appeals against the decisions of
2. In Criminal cases appellate
i) Against the judgement jurisdiction consists of Appeals:
Judge, where the sentenceofofa Sessions Judge or an Additional Sessions
i) Against the judgement of imprisonment exceeds seven years.
Metropolitan Magistrate or otherAssistant Sessions Judge, the Chief
sentence of imprisonment exceedsJudicial Magistrates, where the
four years.
13.
Name any two Writs which can
be issued by a High Court to
Fundamental Rights. protect the
Two Writs which can be jsSued
Rights are the writs of by a High Court to protect
Habeas Corpus and the Fundamental
14.
Mandamus.
What is meant by the
The Writ of Writ of Habeas CorpusS1
unlawfully Habeas Corpus
held in prison or in provides aremedy for a person who has been
person has been police This Writ may also be issued where
person detained detained by a private custody.
individual. The High Court commands that
a
insufficient, he isshould be
at once brought into Court. If the
cause for his detention
the
is found
15.
What do we unconditionally released.
The High mean when we say that the High Court is a"Court of Record"?
characteristics. Court is a"Court Record", The Court of Record has two
of
1.
Its
court judgments and orders
asS
precedents.
subordinate
2.
The
courts and
are preserved as record.
law laid
These can be produced in any
If a down by the High Court is binding Tn all
Neither the adminicontempt
strative offHigh Court,the
punish him. person commits a tribunals in the State.
of this right. Court has the authority to
Supreme Court nor the Parliament can deprive the High Court
16.
Mention any two
impartiality of the High ways by which the Constitution ensures independence and
the HighTwo ways by which Courts.
Courts are the
1.
Security of
Constitution ensures independence and impartiality of
of the
2. State.
No
Thus salariesJudges'
the salaries are
salaries are charged on the Consolidated Fund
Discussion
shall take place in the with respect
not subject to Vote of the Legislature.
to the Conduct of any Judge - No
conduct of any Judge Legislature of discussion
removal is under in the dischargea ofState fhis
or in Parliament with respect to
duties,
the
consideration. except when a motion for his
Structured Questions
1.
The High Court
composition of thestandsHighat the head of the Judiciary in the State. As regards the
(a) How and by
whom are
Court, answer the following questions:
the Chief
appointed? Iustice and other Judges of
(b) What the High Court
qualifications
(C) How and by are needed for being a Judge of
Court to another? [Link] High Court the
judges be transferredHigh Court?
from one High
(a) The
in consultation Chief Justice of the High Court is
concerned [Link] the Chief Justice of the Supreme appointed by the President of
Court and the India
The appointment of
that in their case the other judges shall also
Governor of the
The Supreme Court Chief Justice of the High Court be made in the
ruled shall same manner except
most judges of the that the Chief also be
Suprene Court beforeJustice of India should consulted.
President regarding making any consult two senior
appointment of the Judges recommendation
of the High to the
(b) The Court.
1. One shouldqualifications
be a Citizenneeded for being a Judge
2. One should have of India of the High Court
are as under:
3. One should have held a judicial office in India for
been advocate of a at
(c) The transfer of High Court for atleast 10 years, or
least ten years.
discretion of the Presidentjudges from one High Court
but it requires these to another comes
1.
Orders for transfer conditions under the
2. The views of the can be issued after consulting to be fulfilled:
Chief Justices of the the
transfer is taking place and High Courts Chief Justice of India.
also be obtained. another to which the one from which the
transfer is to be carried out - must
lhe ligh C'ourthsannextensive Jurisdiction. In this context discuss (he
(a) lhrec (ypes
lollowing: ofcnscsin which it Ius Original Jurisdiction
(b) Three types ofcases in which it hus Appellate Jurisdiction
Jurisdiction
Revisory
(e)Iis
(0) Three types ofeascs in whiclh the lligh Cort has Original Jurisdiction are-
The cascs repardiup wills, divorce, mariage, Admiralty, Company Law and
(ontempt of'Court can betuken up bythe High court directly.
The High Court hus the power to 0ssuc Writs for the cnforcement of
2.
Fundamental Rights.
The High Court hasthe jurisdiction to lhear an lcction pctition. Appeal lies to
3.
the Supreme Court.
(b) Thrce types of cases in which the High Court has Appellate Jurisdiction
1. Ih Civilcses the High Courts het Psaganst the decisions of District Judges.
2, In Criminal cases appellate jurisdiction consists of Appcals:
DAgainst the judgement ol i oesstons Judge or an Additional Sessions
Judee. where the sentence Lnpisonment exceeds seven years.
ii)Against the judgement of ASSIstant Sessions Judge, the Chief
Metropolitan Magistrate or other Judicial Magistrates, where the
sentence of imprisonment exceeds four years.
3. Appeals also lie
i)In matters concerning land revenue, and
ii)Against orders of the Tribunals, such as the Rent Controller, State
Transport Authority and Labour Tribunal.
(c)The High Court may call for the record of any case which has been decided
by a subordinate court. If the High Court feels that the subordinate court has exercised
a jurisdiction not vested in it or has acted with gross irregularity, it may make such
order in the case as it deems fit. This is known as the revisory jurisdiction of the High
Court. In other words, if the High Court is reasonably convinced that there was a
'miscariage ofjustice', or 'violation of principles of natural justice, it will set aside
subordinate court's verdict and pronounce a new judgement.
3.
Besides the power of issuing the Writs, each High Court is a Court of Record.
In this context answer the following questions:
(a) How do the High Courts enforce Fundamental Rights?
(0) How can you say that the Writ Iurisdiction of the High Court wider than
that of the Supreme Court?
(c) What is meant by the assertion that the High Court is a Court of Record?
(a) All Hligh Courts have the power to issue Writs to a person or an official.
The Writs comprise the Writs of FHabeas Corpus, Mandamus, Prohibition, Quo
Warranto and Certiorari.
2. These writs are issued to protect the Fundamental Rights or for any other
purpose.
3 The Writ of
unlawfully held in Habeas
private individual prison, in Corpus Drovides a remedy for a person who has bcen
brought into Court. The police
If tlheHigh Court Custody or if a person has been detained by a
unconditionally released.
4. A writ of cause for Commands that the person detained should be
his detention is found insufficient, he is at once
powers with whichprohibition is
it issued to prevent an inferior court from exercising
5. By issuing a Wriis t not legally
of a particular case to
the
of
Cert io vested.
rari, the lower court is asked to hand over the record
6. Writ ofQuo higher
an office. The Writ Warranto is court.
office. If the court calls upon thedirecied against a person who has wrongfully usurped
may declare the officedecides that the person person
to show under what authority he holds the
to be concerned is holding that office illegally, it
vacant.
(b) The Writ t
1 Jurisdicionof of the High Court is wider than that of the Supreme Court.
The writ jurisdiction
Fundamental
2
Rights. the Supreme Court is restricted to enforcement of
But the words
enforcement of all rights,"for any other
purpose" allowthe High Courts to issue writs for
(c) The High Court is a whether Fundamental Rights or any of the legal
characteristics. "Court of Record" The Court of Record has rights.
two
I. Its judgments and
court as precedents. The law orders are preserved as record. These can be
laid down by the High Court is produced in any
subordinate courts and administrative binding on all
2.
1T a perSon commits a contempttribunals in the State.
punish him. Neither the Supreme Courtof High Court, the Court has the authority to
of this right. nor the Parliament can deprive
the High Court
4 Like the Supreme Court of India the
Guardian of the Constitution. In this High Court is also an Interpreter and
context
(a) What is meant by Judicial Review? answer the following questions:
(OR)
How do the High Courts hold the
(b) Do the High Courts have powerlegislative and executive organs in check?
to determine the validity of a Union
(Central) law?
(a)) Judicial review refers to the power of the
validity of the decisions and orders of the Union and High Court to examine the
Courtshave the power to exercise judicial review andState Governments. The High
and orders issued by Executive officials. lf a High judge the validity of the laws
an order of the Executive goes beyond the provisions Court finds that aparticular law or
declare them of the Constitution, it can
null and void.
(b) Yes, the High Courts have power to determine the validity
(Central) law. Forty-second Amendment Act (1976) had deprived of a Union
their power to determine the validity of a Central law. the High Courts of
(1978) removed this restriction. But the 44th Amendment Act