History & Civics
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'?
High Courts
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Answer
(a) Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial Review.
- 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'.
- The High Court has the power of considering the Constitutional validity of any State law or executive order or ordinance.
(b) All the High Courts enjoy original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution.
- The High Courts can also issue writs for the enforcement of Fundamental Rights.
- 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.
(c) The High Court is a 'Court of Record' like the Supreme Court. It means:
- 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.
- 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.
- The High Court can punish anyone who commits a contempt of its orders.
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Related Questions
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.
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?
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) Its power of Judicial Review.
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 Lok Adalats?
(c) Do you think that these courts play an important role as an alternative dispute resolution mechanism? Give your reasons.