History & Civics
Like the Supreme Court of India the High Court is also an Interpreter and Guardian of the Constitution. In this context answer the following questions:
(a) What is meant by Judicial Review?
Or
How do the High Courts hold the legislative and executive organs in check?
(b) Do the High Courts have power to determine the validity of a Union (Central) law?
High Courts
23 Likes
Answer
(a) Judicial review refers to the power of the High Court to examine the validity of the decisions and orders of the Union and State Governments. The High Courts have the power to exercise judicial review and judge the validity of the laws and orders issued by Executive officials. If a High Court finds that a particular law or an order of the Executive goes beyond the provisions of the Constitution, it can declare them null and void.
(b) Yes, the High Courts have power to determine the validity of a Union (Central) law.
Forty-second Amendment Act (1976) had deprived the High Courts of their power to determine the validity of a Central law. But the 44th Amendment Act (1978) removed this restriction.
Answered By
13 Likes
Related Questions
Mention any two ways by which the Constitution ensures independence and impartiality of the High Courts.
The High Court stands at the head of the Judiciary in the State. As regards the composition of the High Court, answer the following questions:
(a) How and by whom are the Chief Justice and other Judges of the High Court appointed?
(b) What qualifications are needed for being a Judge of the High Court?
(c) How and by whom may High Court judges be transferred from one High Court to another?
The High Court has an extensive Jurisdiction. In this context discuss the following:
(a) Three types of cases in which it has Original Jurisdiction
(b) Three types of cases in which it has Appellate Jurisdiction
(c) Its Revisory Jurisdiction
Besides the power of issuing the Writs, each High Court is a Court of Record. In this context answer the following questions:
(a) How do the High Courts enforce Fundamental Rights?
(b) How can you say that the Writ Jurisdiction of the High Court is wider than that of the Supreme Court?
(c) What is meant by the assertion that the High Court is a Court of Record?