History & Civics
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.
High Courts
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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.
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Related Questions
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?
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.
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.
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?