The State Judiciary : The High Courts

The retirement age of a High Court Judge is

1. 58 years
2. 62 years
3. 60 years
4. 65 years

Answer

62 years

The Chief Justice of High Court is appointed by

1. Governor of the State
2. Chief Minister of the state
3. Chief Justice of India
4. President of India

Answer

President of India

The ordinary judges of the High Courts are appointed by the President in consultation with

1. The Chief Justice of the High Court
2. The Chief Justice of India
3. The Governor of the state
4. All of these

Answer

All of these

The Judges of High Court can be removed from their office during their tenure

1. by the President on the basis of a resolution passed by the Parliament by two-thirds majority
2. by the Governor, if the State Legislature passes a resolution to this effect by two-thirds majority
3. by the Chief Justice on the recommendation of the Parliament
4. by the Chief Justice on the advice of the President

Answer

by the President on the basis of a resolution passed by the Parliament by two-thirds majority

The salary and other allowances of the Judges of the High Courts are charged to

1. the Consolidated Fund of India
2. the Consolidated Fund of the State
3. the Consolidated Funds of India and the State on fifty-fifty basis
4. the Contingency Fund of India

Answer

the Consolidated Fund of the State

The High Court enjoys the power

I. to issue writs for the enforcement of rights
II. to exercise superintendence over the working of Courts and Tribunals under its jurisdiction
III. to make general rules and prescribe forms regulating the practices and proceedings of courts under its jurisdiction

1. I
2. I and III
3. II and III
4. All of these

Answer

All of these

The authority to restrict or extend the jurisdiction of the State High Courts rests with

1. the President of India
2. the Governor
3. the Supreme Court
4. the State Legislature

Answer

the President of India

Choose the correct statement :

1. The High Court is the highest Court of Law and Appeal in the State
2. Appeals from the lower courts need not be taken to the High Court but directly to the Supreme Court
3. High Courts are not established in all the States
4. All of these

Answer

High Courts are not established in all the States

Who decides about the number of Judges in a High Court?

1. State Government
2. Governor
3. Parliament
4. President of India

Answer

Parliament

On what grounds can a Judge of the Supreme Court be removed?

1. Insolvency, misdemeanour, infirmity of body or mind
2. Misbehaviour or incapacity
3. Political interference or insanity
4. Any of the above

Answer

Misbehaviour or incapacity

How many High Courts are there in India?

1. 29
2. 28
3. 25
4. 30

Answer

25

The High Court enjoys the power

I. Original Jurisdiction
II. Appellate Jurisdiction
III. Custodian of the Constitution/Power of Judicial Review

1. I
2. I and III
3. II and III
4. All of these

Answer

All of these

The power of Judicial Review is enjoyed by

1. High Courts
2. Supreme Court
3. Both of these
4. None of these

Answer

Both of these

Which of the following courts acts as the guardian of the Fundamental Rights?

1. High Courts
2. Supreme Court
3. Both of these
4. None of these

Answer

Both of these

Judges of the High Court are appointed by the

I. President
II. Vice President
III. Speaker of the Lok Sabha

1. I
2. I and II
3. II and III
4. I, II and III

Answer

I

On what grounds can a Judge of the High Court be removed?

1. Insolvency, misdemeanour, infirmity of mind or body or insanity
2. Misbehaviour or incapacity
3. Political interference
4. Any of the above

Answer

Misbehaviour or incapacity

The High Court of Rajasthan is located at

1. Jaipur
2. Jodhpur
3. Bikaner
4. Udaipur

Answer

Jodhpur

Guwahati High Court has no jurisdiction over which state?

1. Assam
2. Meghalaya
3. Arunachal Pradesh
4. Mizoram

Answer

Meghalaya

Where is the High Court of Uttar Pradesh located?

1. Noida
2. Agra
3. Lucknow
4. Prayagraj

Answer

Prayagraj

Read the passage given below and answer the following questions.

In order to ensure the independence of the Judiciary even in the States, it has been provided that once appointed the Chief Justice and the other judges of the High Courts shall continue to function till they attain the age of 62 or they themselves resign their office. The procedure of their removal has been made very difficult. They can be removed by the President only upon a joint address by both the Houses of the Parliament. But such an address must be passed by a majority of the total membership of both the Houses and also by two-thirds of the members present and voting. Undoubtedly, this is a very difficult procedure. Thus, the position of the High Court Judges has been as independent as possible.

(i) The Chief Justice and other judges of High Court retire at the age of

1. 62
2. 63
3. 64
4. 65

Answer

62

(ii) Who can remove a Judge of High Court?

1. Chief Justice of India
2. Prime Minister
3. President
4. President on impeachment by Parliament

Answer

President on impeachment by Parliament

In the question given below, there are two statements marked as Assertion (A) and Reason (R). Read the statements and choose the correct option.

1. Both Assertion (A) and Reason (R) are correct and Reason (R) is the correct explanation of Assertion (A).
2. Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).
3. Assertion (A) is true but Reason (R) is false.
4. Assertion (A) is false but Reason (R) is true.

Assertion (A) : The Chief Justice of a High Court is appointed by the President.

Reason (R) : The Governor administers the oath of office to the High Court Judges.

Answer

Both Assertion (A) and Reason (R) are correct but Reason (R) is not the correct explanation of Assertion (A).

Explanation — The Chief Justice of a High Court in India is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the State concerned. The Governor administers the oath of office to the High Court Judges.

Identify the cases over which the High Court enjoys original jurisdiction.

P : Mr. Prasad is levied more land revenue than his dues.

Q : There is a dispute among the sons of a deceased regarding his will.

R : Mr. Singh has been awarded death sentence by the Session Court.

S : There is a property dispute between two persons and the District Court has deliberately favoured the accused.

1. P and Q
2. Q and R
3. P and S
4. R and S

Answer

P and Q

Explanation — The High court has original jurisdiction over matters relating to State revenue and its collection, and cases relating to Fundamental Rights, divorce, wills and laws relating to marriage. Statements R and S are cases that fall under Appellate and Revisory jurisdiction respectively.

Read the two statements given below regarding the independence of High Court Judges. Select the correct relationship between (A) and (B).

(A) Their salaries are charged on the Consolidated Fund of the state.

(B) Retired Judges of a High Court can practise as an advocate in any High Court and before the Supreme Court.

1. (B) contradicts (A)
2. (B) is the reason for (A)
3. (A) is true but (B) is false
4. (A) and (B) are independent of each other.

Answer

(A) is true but (B) is false

Explanation — Retired Judges of High Court may practise as an advocate in the Supreme Court but not in a High Court in which he has held office.

Who appoints the Chief Justice of a High Court?

Answer

The Chief Justice of a High Court in India is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the State concerned.

Mention two qualifications necessary for a person to be appointed as the judge of a High Court.

Answer

Two qualifications necessary for a person to be appointed as the judge of a High Court are:

1. He must be a citizen of India.
2. He must have worked as a judge in any court in India for not less than ten years.
   OR
   He must have worked as an advocate in the High Court or High Courts in India continuously for ten years.

How can a Judge of the High Court be removed from his post?

Answer

A judge of the High Court can be removed by the President only upon a joint address by both the Houses of the Parliament. But such an address must be passed by a majority of the total membership of both the Houses and also by two-thirds of the members present and voting.

Name one Union Territory which has its own High Court.

Answer

Delhi is the only Union Territory in India that has its own High Court.

Name the States which are served by the Guwahati High Court.

Answer

The States which are served by the Guwahati High Court are — Assam, Nagaland, Mizoram, and Arunachal Pradesh.

Where is the seat of the Rajasthan High Court?

Answer

The seat of the Rajasthan High Court is located in Jodhpur.

Mention two types of cases in which the High Courts have original jurisdiction.

Answer

A High Court has original jurisdiction in certain matters :

1. It has original jurisdiction over matters relating to State revenue and its collection.
2. Cases relating to Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court.

What do you understand by the "Appellate Jurisdiction" of the High Court?

Answer

Under Appellate jurisdiction, all the decisions made by the Subordinate Courts within its jurisdiction, in all types of civil as well as criminal matters can be brought to the High Courts by an appeal.

How does the High Court control the power of the Legislature and the Executive?

Answer

The High Court controls the power of the Legislature and the Executive by its power of Judicial Review. Judicial Review means that the High Court can review a State law to establish its constitutionality. If it finds any law, executive order or any ordinance to be inconsistent with the provisions of the Constitution, it can declare it null and void.

What are the administrative functions of the High Court?

Answer

A High Court is responsible for the administration of its own affairs as well as for the affairs of its subordinate courts. It regulates the appointments of subordinate services other than law services in the subordinate courts and also possesses the power to issue orders to its subordinate courts in the interest of better judicial service to the people. It exercises supervision over all courts and tribunals throughout the territories falling under its jurisdiction. However, the High Courts have no power of superintendence over any court or tribunal constituted under any military law.

In which two ways the Constitution has ensured the independence of the High Courts?

Answer

Two ways in which the Constitution has ensured the independence of the High Courts are:

1. Security of Service : A Judge can be removed only by the President on an Address of each House of Parliament.
2. Security df Pay and Allowances : Their salaries are charged on the Consolidated Fund of the state. Hence it is not subject to vote.

With reference to the Judges of a High Court, answer the following :

(a) What are the qualifications of the Judges of a High Court?

(b) How are they appointed?

(c) How can they be removed?

Answer

(a) The qualifications of the Judges of a High Court are given below:

1. He must be a citizen of India.
2. He must have worked as a judge in any court in India for not less than ten years.
   OR
   He must have worked as an advocate in the High Court or High Courts in India continuously for ten years.

(b) The Chief Justice of a High Court in India is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the State concerned. Other Judges of a High Court are appointed by the President in consultation with the Chief Justice of India, the Governor of the state and the Chief Justice of the High Court.

(c) A judge of the High Court can be removed by the President only upon a joint address by both the Houses of the Parliament. But such an address must be passed by a majority of the total membership of both the Houses and also by two-thirds of the members present and voting. This process is essentially an impeachment, and the grounds for removal are misbehavior or incapacity.

With reference to the powers and functions of the High Courts, explain the following :

(a) Cases in which a High Court has Original Jurisdiction.

(b) What is meant by 'Appellate Jurisdiction'?

(c) Mention two types of cases which come under the Appellate Jurisdiction of a High Court.

Answer

(a) A High Court has original jurisdiction in certain matters :

1. It has original jurisdiction over matters relating to State revenue and its collection.
2. Cases relating to Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court.

(b) Under Appellate jurisdiction, all the decisions made by the Subordinate Courts within its jurisdiction, in all types of civil as well as criminal matters can be brought to the High Courts by an appeal.

(c) Two types of cases that come under the Appellate Jurisdiction of a High Court are given below:

1. Civil cases — In Civil cases the High Courts hear the appeals against the decisions of District Judges.
2. Criminal cases — In Criminal cases appellate jurisdiction consists of Appeals:
   1. Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
   2. Against the judgement of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.

In connection with the powers of the High Court, explain the following :

(a) Administrative powers of the High Court.

(b) How does the High Court act as the custodian of the Constitution?

(c) Its power of superintendence.

Answer

(a) Administrative powers of the High Court are given below:

1. A High Court is responsible for the administration of its own affairs as well as for the affairs of its subordinate courts.
2. It regulates the appointments of subordinate services other than law services in the subordinate courts and also possesses the power to issue orders to its subordinate courts in the interest of better judicial service to the people.
3. It exercises supervision over all courts and tribunals throughout the territories falling under its jurisdiction. However, the High Courts have no power of superintendence over any court or tribunal constituted under any military law.

(b) The High Court act as the custodian of the Constitution by its power of Judicial Review. It has the power of 'Judicial Review' which means that the High Court can review a State law to establish its constitutionality. If it finds any law, executive order or any ordinance to be inconsistent with the provisions of the Constitution, it can declare it null and void.

(c) The High Court exercises power of superintendence over all courts and tribunals throughout the territories falling under its jurisdiction. However, the High Courts have no power of superintendence over any court or tribunal constituted under any military law.

The Constitution of India provides that there shall be a High Court in each State. With reference to the jurisdiction of High Courts, write short notes on the following :

(a) Power to issue writs;

(b) Power of superintendence;

(c) Court of record.

Answer

(a) The High Courts also function as guardians of the Fundamental Rights of Indian citizens. They protect the Fundamental Rights from being eroded, infringed upon or abridged by any individual, a group of individuals, or the State itself by issuing different writs to the offending party/parties.

(b) The High Court exercises power of superintendence over all courts and tribunals throughout the territories falling under its jurisdiction. However, the High Courts have no power of superintendence over any court or tribunal constituted under any military law.

(c) A High Court acts as a Court of Record. All the decisions and decrees issued by the High Courts are printed and are kept as a record for future references by the courts as well as by the lawyers, if such a need arises.

The High Court is the highest judicial tribunal of the State and there are provisions ensuring independence and impartiality of the High Courts. In this context, answer the following questions:

(a) What is the original jurisdiction of the High Courts?

(b) What are the constitutional provisions to ensure the independence of the High Court?

Answer

(a) Original jurisdiction of a court implies those cases which could be directly brought before it. A High Court has original jurisdiction in certain matters :

1. It has original jurisdiction over matters relating to State revenue and its collection.
2. Cases relating to Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court.

(b) The constitutional provisions to ensure the independence of the High Court are given below:

1. Security of Service : A Judge can be removed only by the President on an Address of each House of Parliament.
2. Security of Pay and Allowances : Their salaries are charged on the Consolidated Fund of the state. Hence it is not subject to vote.
3. No Discussion in the State Legislature on the Conduct of the High Court judges.
4. Full Control over its Procedure of Work and Establishment.
5. No Practice after Retirement: Judges of High Court may practise as an advocate in the Supreme Court but not in a High Court in which he has held office.
6. Free Decisions and Decrees by the High Court judges.
7. A High Court has the power to punish for contempt of itself.