History & Civics
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.
High Courts
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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.
- Other Judges of a High Court are appointed by the President.
- 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:
- He should be a citizen of India.
- He should not be over 62 years.
- 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:
- Full control over its procedure of work and establishment.
- The High Court can punish a person for contempt of court if its authority is lowered.
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With reference to the powers of the High Court, briefly describe the following:
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(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?
With reference to the powers of the High Court, answer the following questions:
(a) How does the High Court act as a custodian of the Constitution?
(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'?