The High Courts and Subordinate Courts

What is the maximum age in order to be qualified for appointment as a Judge in High court?

1. 62 years
2. 68 years
3. 65 years
4. 60 years

Answer

62 years

Reason — A Judge of a High Court can remain in office till he/she attains the age of 62 years, and neither an additional nor an acting Judge can hold office beyond 62 years. Therefore, the maximum age for a High Court Judge is 62 years.

In order to be qualified as a Judge of a High court, the individual must have held a judicial office in the territory of India or has been an advocate of a High court for atleast ................ .

1. 15 years
2. 10 years
3. 5 years
4. 12 years

Answer

10 years

Reason — According to the Constitution, a person is qualified for appointment as a Judge of a High Court if he/she has held a judicial office in the territory of India for at least ten years or has been an advocate of a High Court for at least ten years.

Purabh wants to be a High Court judge. Which of the following qualifications does he need?

P : He/She should not be over 62 years of age.

Q : He/She has been an advocate of a High Court for at least ten years.

R : He/She should have been distinguished Jurist.

S : He/She has held a judicial office in the territory of India for at least five years.

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

Answer

P and Q

Reason — A person qualifies to be a High Court Judge if he/she is not over 62 years of age (P) and has been an advocate of a High Court for at least ten years (Q). Statement S is incorrect because the required period of judicial office is ten years, not five years. Statement R is not a qualification for appointment as a High Court Judge.

Identify the statements about the High Court Judges which are correct.

P : A judge of a High Court cannot be removed from office on any ground.

Q : A Judge who has worked as a permanent Judge of a High Court cannot practise in any Court after his/her retirement.

R : The salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the course of their service.

S : A Judge of a High Court may resign his/her office by writing, addressed to the President of India.

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

Answer

R and S

Reason — The salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the course of their service (R), and a Judge may resign his/her office by writing addressed to the President (S). P is incorrect as a Judge can be removed by the President on the ground of proved misbehaviour or incapacity, and Q is incorrect as a retired permanent Judge can practise in the Supreme Court or in those High Courts where he/she has not served as a judge.

Every High court has the power to interpret the Constitution. This power is known as ............... .

1. Judicial Review
2. Constitutional Review
3. High Court Review
4. Interpretation Review

Answer

Judicial Review

Reason — Every High Court has the power to interpret the Constitution and can declare any law, executive order or ordinance that infringes the Fundamental Rights or contravenes any provision of the Constitution as 'null and void'. This power is known as Judicial Review.

.................. of High court means that the power to accept appeals against decisions of District courts, in civil as well as criminal matters.

1. Revisory jurisdiction
2. Judicial jurisdiction
3. Appellate jurisdiction
4. Advisory jurisdiction

Answer

Appellate jurisdiction

Reason — Appellate Jurisdiction of the High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters.

................ Jurisdiction means that the High court can call for the record of a case which has been decided by a subordinate court:

1. Advisory
2. Appellate
3. Confirmatory
4. Revisory

Answer

Revisory

Reason — Revisory Jurisdiction means that the High Court can call for the record of a case decided by a subordinate court if it feels that the subordinate court has exercised a jurisdiction not vested in it or has failed to exercise a jurisdiction vested in it, or has acted illegally or with material irregularity.

All ................. are empowered to issue writs.

1. High Courts
2. District courts
3. Members of Parliament
4. Ministers of the Cabinet

Answer

High Courts

Reason — All the High Courts are empowered to issue writs — Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari — for the enforcement of the Fundamental Rights of citizens.

Which of the following statements about the functions of the High Court are correct?

P : Unlike the Supreme Court, the High Court is not a Court of Record.

Q : The High Court can advise any government department if they seek advice from them on matters of law.

R : The High Court have the power of Judicial Review.

S : The High Court cannot issue writs.

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

Answer

Q and R

Reason — The High Court can advise the Government, legislature or the Governor, if they seek its advice, on matters of law (Q). It also has the power of Judicial Review (R). Statement P is incorrect because the High Court is a Court of Record like the Supreme Court. Statement S is incorrect because all High Courts are empowered to issue writs.

Ramana is a judge in the Munsif court. He is authorised to deal with civil cases involving not more than ............... .

1. ₹ 15,000
2. ₹ 20,000
3. ₹ 30,000
4. ₹ 50,000

Answer

₹ 20,000

Reason — A Munsif is authorised to deal with civil cases involving not more than ₹ 20,000. Appeals against his decisions lie with the Civil Judge, who is the next higher authority.

When a judge decides Civil cases, he/she is called ................ and when he/she decides criminal cases, he/she is called ................ .

1. Sessions Judge; District Judge
2. District Judge; Sessions Judge
3. Magistrate; District Judge
4. Magistrate; Sessions Judge

Answer

District Judge; Sessions Judge

Reason — The principal court of the district is presided over by the same judge. When he/she decides civil cases, he/she is called the District Judge, and when he/she decides criminal cases, he/she is called the Sessions Judge.

Identify the statements about the Court of the District Judge which are correct.

P : It is the highest civil court of the district.

Q : The District Judge is appointed by the Chief Justice of the Supreme Court of India.

R : The District Judge decides both civil and criminal cases.

S : The District Judge acts as a Deputy Commissioner and District Collector.

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

Answer

P and R

Reason — The Court of the District Judge is the principal (highest) civil court of the district (P) and decides both civil and criminal cases (R). Statement Q is incorrect because the District Judge is appointed by the Governor in consultation with the Judges of the High Court of the concerned State. Statement S is incorrect because the District Judge does not act as the Deputy Commissioner or District Collector.

First class Magistrate can award imprisonment upto ................ years and/or a fine of ₹ .................

1. 4 years ; ₹ 20,000
2. 3 years ; ₹ 10,000
3. 3 years ; ₹ 5,000
4. 2 years ; ₹ 5,000

Answer

3 years ; ₹ 5,000

Reason — The Courts of the First Class Magistrates take up less serious criminal cases and can award imprisonment up to three years or a fine of ₹5,000, or both.

Second class Magistrate can award imprisonment for not more than ............... years or impose a fine of ₹ ................... or both.

1. 1 year ; ₹ 1,000
2. 2 years; ₹ 5,000
3. 1 year; ₹ 2,000
4. 2 years; ₹ 1,000

Answer

2 years; ₹ 1,000

Reason — The Courts of the Second Class Magistrates deal with comparatively less serious criminal cases and can sentence a person to imprisonment for not more than two years or impose a fine of ₹1,000, or both.

Lok Adalat means ................ .

1. District Court
2. People's Court
3. High Court
4. Supreme Court

Answer

People's Court

Reason — Lok Adalat means 'People's Court'. It is an alternative dispute redressal mechanism where disputes are settled amicably.

Suppose the autorickshaw driver, who daily takes you to school, was issued a number of traffic violation challans and had to pay a fine of five thousand rupees. He pleaded for reducing the fine but was not shown any mercy. To which court he would go to get speedy redressal of his grievance?

1. Lok Adalat
2. Sessions Court
3. High Court
4. Supreme Court

Answer

Lok Adalat

Reason — Lok Adalats provide speedy and inexpensive justice. No court fee is payable, and disputes are settled through compromise. Therefore, the autorickshaw driver can approach a Lok Adalat for speedy redressal.

Read the excerpt given below and answer the question that follow:

From the 29th of July to the 3rd of August 2024, the Supreme Court is organising a special Lok Adalat. This is part of a series of activities which the Supreme Court is observing, to commemorate the 75th year since the establishment of the Supreme Court. Most significantly, we are all as judges, as people, dedicated to the institution of justice concerned about the large backlog of cases.

— The Chief Justice of India, video message announcing the Special Lok Adalat

Which of the following is true about the Lok Adalat?

(i) Saves money
(ii) Reduces burden on other courts
(iii) Works on compromise
(iv) Speedy justice

1. All of them
2. (i) and (ii)
3. (i), (ii) and (iii)
4. (ii) and (iv)

Answer

All of them

Reason — Lok Adalats provide speedy and inexpensive justice, work on compromise and understanding, save money by eliminating court fees, and help reduce the burden on other courts. Hence, all the statements are correct.

Court A aims to provide a simplified and efficient mechanism for dispute resolution. It is designed to address a range of issues such as civil, petty criminal, family, property, labour, bank loan, revenue, forest, motor accident claims, and challan or e-challan cases. Identify Court A.

1. High Court
2. Sessions Court
3. Lok Adalat
4. All of the above

Answer

Lok Adalat

Reason — Lok Adalat is an alternative dispute redressal mechanism where disputes are settled amicably through compromise. It provides a simple, speedy and inexpensive method of resolving disputes.

Select the option that shows the correct relationship between Statements I and II.

(I) A District Judge possesses administrative power in addition to judicial power.

(II) A Sessions Judge does not perform any administrative powers.

1. (I) is true, but (II) is false
2. (I) is false, but (II) is true
3. Both (I) and (II) are true, but (II) is not the correct explanation of (I)
4. Both (I) and (II) are false.

Answer

(I) is true, but (II) is false.

Reason — A District Judge exercises both judicial functions and administrative control over the district judiciary, such as supervising subordinate courts. A Sessions Judge, who is often the same officer acting in criminal jurisdiction, also performs administrative responsibilities; therefore, Statement II is false.

Select the option that shows the correct relationship between Statements I and II.

(I) The Lok Adalats provide legal aid and quick justice to those who cannot afford to engage lawyers.

(II) The Lok Adalats restrict social justice by providing legal aid to weaker sections of society only.

1. (I) is true, but (II) is false
2. (I) is false, but (II) is true
3. Both (I) and (II) are true, but (II) is not the correct explanation of (I)
4. Both (I) and (II) are false.

Answer

(I) is true, but (II) is false

Reason — Lok Adalats provide legal aid and speedy justice, especially to those who cannot afford expensive litigation. They promote social justice rather than restrict it. Therefore, Statement (I) is true and Statement (II) is false.

Name two High Courts of India whose jurisdiction extends to more than two States.

Answer

Gauhati High Court and Punjab and Haryana High Court are the two High Courts of India whose jurisdiction extends to more than two States.

What is the composition of a High Court?

Answer

Each High Court consists of a Chief Justice and such other Judges as the President of India may appoint from time to time.

Besides, the President has the power to appoint:

1. additional judges for a temporary period not exceeding two years.
2. an acting Judge, when a permanent Judge is temporarily absent or unable to perform his duties or is appointed to act temporarily as Chief Justice.

Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court appointed?

Answer

A Judge of a High Court, before he enters upon his office, shall take an Oath before the Governor of the State, or some person appointed in that behalf by him.

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

Who can remove a Judge of the High Court? On what grounds can a Judge of the High Court be removed from office?

Answer

A Judge of a High Court can be removed by the President of India.

A Judge of a High Court can be removed on the ground of "proved misbehaviour or incapacity" on an address of each House of Parliament. Such an address should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting. This procedure is known as impeachment.

Who decides the salaries and allowances of the Judges of the High Court? How is the security of salaries and service conditions ensured by the Constitution?

Answer

The Chief Justice and the other Judges of a High Court are paid a monthly salary, as decided by Parliament.

The Constitution ensures the security of their salaries and service conditions in the following ways:

1. The salaries and allowances of the Judges cannot be changed to their disadvantage during their term of office, except during a Financial Emergency.
2. The salaries and allowances of the Judges are charged on the Consolidated Fund of the State and are not voted upon by the State Legislature.

How does the High Court protect the Fundamental Rights of individuals? What is meant by Revisory Jurisdiction of the High Courts?

Answer

The High Court enjoys original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution. All the High Courts are empowered to issue 'writs'. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure.
Therefore, the High Court can review the case and take appropriate action on it. This is known as the Revisory Jurisdiction of the High Court.

Read the excerpt given below and answer the question that follows:

Over 1.14 Crore Cases Settled in Lok Adalats

— The Deccan Herald September, 2024

With reference to the above news, state which advantage of the court is being highlighted?

Answer

The advantage of the court being highlighted in the excerpt is "Speedy and cost-effective justice."

Lok Adalats help in reducing the backlog of cases by providing a quick resolution through compromise and mutual settlement, ensuring that disputes are settled efficiently without the need for prolonged litigation.

Mention two types of Subordinate Courts in a State.

Answer

Two types of Subordinate Courts in a State are-

1. The Court of the District Judge
2. Court of Civil Judge

What is meant by the term Civil Cases? Which type of cases are known as Criminal Cases?

Answer

Civil cases are related to land, property and money transactions, arbitration, guardianship, marriages, divorce and cases involving a Will.

Criminal cases are related to murder, robbery, theft, assault, etc.

Which is the highest Civil Court in a District? Name the highest Criminal Court in a district.

Answer

District Judge or the Additional District Judge's Court is the highest Civil Court in a district.

Sessions Judge's or Additional Sessions Judge's Court is the highest Criminal Court in a district.

Who is the highest Judicial Official at the district level for civil and criminal cases? How are the District Judges in a State appointed?

Answer

The District Judge is the highest Judicial Official at the district level for civil and criminal cases.

The District Judge and the Additional District Judge are appointed by the Governor in consultation with the Judges of the High Court of the concerned State.

Differentiate between Sessions Court and Court of the District Judge.

Answer

A High Court consists of a Chief Justice and other judges whose number the Parliament may fix from time to time. As regards the composition of the High Court, answer the following questions:

(a) How are the Chief Justice and other Judges of the High Court appointed?

(b) State three qualifications for appointment as a Judge of the High Court.

(c) Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.

Answer

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

1. Other Judges of a High Court are appointed by the President.
2. The President shall consult the Chief Justice of India, the Governor of the State and the Chief Justice of the High Court in the matter of appointment of a Judge to the High Court.

(b) According to the Constitution, a person shall be qualified for appointment as a Judge of a High Court under the following conditions:

1. He should be a citizen of India.
2. He should not be over 62 years.
3. He has held a judicial office in the territory of India for at least ten years or he has been an advocate of a High Court for at least ten years.

(c) The independence of High Courts is ensured by undertaking the following measures:

1. The salaries and allowances of Judges cannot be changed to their disadvantage during their term of office (except during a Financial Emergency).
2. The High Court has full control over its procedure of work and establishment.

With reference to the powers of the High Court, briefly describe the following:

(a) What is meant by the Original Jurisdiction of the High Court? Mention two types of cases in which the High Court exercises Original Jurisdiction.

(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.

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

Answer

(a) High Courts have original jurisdiction, that is, the power to hear and decide cases at the first instance. It has original jurisdiction in the following cases:

1. Matters relating to State revenue and its collection.
2. Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or brought before the High Court directly.

(b) Two types of cases in which the High Court exercises Appellate Jurisdiction are-

1. Civil cases — Appeals can be brought to the High Court:
   1. in matters concerning land revenue, and
   2. in cases where a blatant injustice has been committed by any Tribunal. In such cases, the High Court may quash the order of the Tribunals.
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 judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.

(c) The High Courts control the power of the Legislature and the Executive by the power of Judicial Review.

1. If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null and void'.
2. The High Court has the power of considering the Constitutional validity of any State law or executive order or ordinance.

PIL in Bombay High Court seeks to protect Kolhapuri chappals' GI from 'exploitation'.

(a) What is a PIL? Which jurisdiction does it enable?

(b) How does the High Court act as a protector of Fundamental Rights?

(c) What do we mean when we say that the High Court is a 'Court of Record'?

Answer

(a) PIL (Public Interest Litigation) is a petition filed in the High Court or Supreme Court by a public-spirited person for the protection of public interest.

It enables the Original (Writ) Jurisdiction of the High Court for the enforcement of Fundamental Rights.

(b) All the High Courts enjoy original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution.

1. The High Courts can also issue writs for the enforcement of Fundamental Rights.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

(c) The High Court is a 'Court of Record' like the Supreme Court. It means:

1. All the judgements and orders are preserved as a record to be referred to by its courts in future cases. They can be produced as precedents.
2. The law laid down by the High Court is binding on all subordinate courts in the State concerned. But it does not bind the other High Courts, although it is of great significance and can be produced in support of an argument.
3. The High Court can punish anyone who commits a contempt of its orders.

With reference to the jurisdiction of High Courts, write short notes on:

(a) Revisory Jurisdiction of High Courts.

(b) Its power to issue Writs.

(c) Custodian of the Constitution.

Answer

(a) Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court.

1. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure.
2. Therefore, the High Court can review the case and take appropriate action on it. This is known as the Revisory Jurisdiction of the High Court.
3. A revisory jurisdiction is applicable in the following cases:
   (a) injustice or an error of law apparent on the face of the record.
   (b) violation of the principles of natural justice.
   (c) arbitrary authority leading to wrong judgements.
   (d) flagrant error in procedure.

(b) All the High Courts are empowered to issue 'writs'.

1. A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

(c) Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial Review. As the custodian of the Constitution:

1. If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null and void'.
2. The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its directions.
3. The High Court has the power of considering the Constitutional validity of any State law or executive order or ordinance.

Study the picture and answer the following questions:

(a) Identify the court whose logo is given in the picture on the right. How do these courts function?

(b) What are the advantages of resolution of disputes through such courts?

(c) Do you think that these courts play an important role as an alternative dispute resolution mechanism? Give your reasons.

Answer

(a) The given picture shows the logo of Lok Adalats.

1. Lok Adalat means 'People's Court'.
2. It is an alternative dispute redressal mechanism where disputes pending in a court of law or at the pre-litigation stage are settled amicably.
3. No court fee is payable.
4. The Legal Services Authorities Act, 1987 provides for the organisation of Lok Adalats.
5. The decisions of Lok Adalats are deemed to be decrees of a Civil Court and are binding on the parties.
6. The main condition is that both parties should agree to a settlement.
7. Cases are settled through compromise and mutual understanding.
8. Lok Adalats can also settle disputes before they are taken to court.

(b) The advantages of resolution of disputes through Lok Adalats are-

1. Lok Adalats play important role in the settlement of family feuds, disputes between the neighbours and minor cases of assault and injury by settling the disputes through compromise. Since the Lok Adalats work in the spirit of compromise and understanding, both the parties feel satisfied.
2. Lok Adalats deliver fast and inexpensive justice. Any person can move the Lok Adalat by making an application on plain paper.
3. The Lok Adalats reduce the workload of other courts enabling them to deal with more serious matters. This reduces delays in higher courts.
4. Lok Adalats promote social justice by providing legal aid to weaker sections of society.

(c) The system of Lok Adalats has now become so popular that various government departments like the Telephone Department, Traffic and the Electricity Boards have begun to hold Lok Adalats solving hundreds of cases in a single day.

1. It is the need of the hour that Lok Adalats are organised more frequently and their jurisdiction is expanded.
2. There are lakhs of cases pending in different courts all over India.
3. These courts can play important role in the settlement of family feuds, disputes between the neighbours and minor cases of assault and injury.
4. Weaker sections of society cannot afford the delay or the costs involved in court procedures.
5. The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats have already been set up for settlement of all pending disputes concerning Delhi Development Authority, Mahanagar Telephone Nigam, Municipal Corporation and National Insurance Co. Ltd.

All these points firmly indicate the importance of Lok Adalats as an alternative dispute resolution mechanism.

Do you think the system of appeals makes the judicial system more just and reliable, but at the sometime causes delays.

Answer

Yes, the system of appeals makes the judicial system more just and reliable, but it may also cause delays.

It makes the judicial system more just and reliable because:

1. Correction of errors: An aggrieved party can appeal against a lower court's decision.
2. Review by higher courts: Higher courts can examine and correct wrong judgements.
3. Protection in serious cases: A death sentence must be confirmed by the High Court before execution.
4. Check on procedure: The High Court can revise cases where jurisdiction or proper procedure has been wrongly followed.

However, it may cause delays because:

1. A case may pass through several levels of courts before a final decision.
2. Each appeal adds more time to the judicial process.
3. Repeated appeals increase the backlog of pending cases and the cost of litigation.
4. Long delays especially affect weaker sections of society who cannot afford prolonged court proceedings.

Why is it important to have both the High Court and Subordinate Courts in Indian Judicial System?

Answer

It is important to have both the High Court and Subordinate Courts in the Indian Judicial System because:

1. Justice at the local level: Subordinate Courts function at the district level and below, making justice easily accessible to the people.

2. Division of judicial work: They deal with most ordinary civil and criminal cases, while the High Court handles more important matters.

3. Right of appeal: The High Court hears appeals against the decisions of Subordinate Courts and can correct their errors.

4. Supervision and control: The High Court supervises the working of Subordinate Courts and exercises administrative control over them.

Thus, Subordinate Courts provide justice at the grassroots level, while the High Court supervises and guides the judicial system of the State.