History & Civics
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?
High Courts
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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 :
- It has original jurisdiction over matters relating to State revenue and its collection.
- 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:
- Security of Service : A Judge can be removed only by the President on an Address of each House of Parliament.
- Security of Pay and Allowances : Their salaries are charged on the Consolidated Fund of the state. Hence it is not subject to vote.
- No Discussion in the State Legislature on the Conduct of the High Court judges.
- Full Control over its Procedure of Work and Establishment.
- 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.
- Free Decisions and Decrees by the High Court judges.
- A High Court has the power to punish for contempt of itself.
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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 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.