Goyal Brothers Prakashan Class 10 Civics Solutions Chapter 5 The State Judiciary: The High Court

Questions 1.
Name two High Courts of India whose jurisdiction extends to more than one State.
Answer:

  1. Chandigarh High Court.
  2. Guwahati High Court.

Question 2.
Name a Union Territory which has a High Court of its own.
Answer:
Among the Union Territories only Delhi has a High Court.

Question 3.
What is meant by Composition of a High Court?
Answer:
Each High Court consists of a Chief Justice and such other Judges as the President of India may appoint from time to time.

Question 4.
How are the Chief Justice and other Judges of High Court appointed?
Answer:
The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Government of the State concerned. The Judges of the High Court are appointed by the President after duly consulting the Chief Justice of the concerned High Court.

Question 5.
What qualifications have been laid down for a Judge of a High Court?
Answer:
The qualifications for a Judge of a High Court are as under :

  • One should be a citizen of India.
  • One should have held a judicial office in India for at least 10 years or
  • One should have been an advocate of a High Court for at least 10 years or
  • One should be a distinguished Jurist.

Question 6.
What is the tenure of a Judge of a High Court?
Answer:
Every Judge of a High Court shall hold office until he attains the age of 62 years.

Question 7.
What is meant by the Original Jurisdiction of the High Court?
Answer:
The Original Jurisdiction extends to those cases, which High Court has authority to hear and decide in the first instance.

Question 8.
Mention two types of cases, in which the High Court exercises Original Jurisdiction.
Answer:

  1. The cases regarding wills, divorce, marriage company law and contempt of Court can be taken up by the High Court directly.
  2. The High Courts of Bombay and Madras enjoyed Original Jurisdiction in all civil and criminal cases related to the Christians and Parsees.

Question 9.
Mention two types of cases in which the High Court exercises Appellate Jurisdiction.
Answer:

  1. Against the judgement of a Sessions Judge, or an Additional Sessions Judge where the sentence of imprisonment exceeds seven years.
  2. Against the judgements of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.

Question 10.
Name any two Writs which can be issued by a High Court to protect the Fundamental Rights.
Answer:

  1. Writ of Habeas Corpus.
  2. Writ of Mandamus.

Question 11.
What is meant by the Writ of Habeas Corpus?
Answer:
‘Habeas Corpus’ is a Latin term meaning ‘you may have the body’. It provides a remedy for a person who has been unlawfully held in prison or in police custody. The High Court commands the detaining authority to bring the prisoner into court to explain why he is being held. If the cause is insufficient, the prisoner at once is unconditionally released.

Question 12.
What do we mean when we say that the High Court is a “Court of Record”?
Answer:
The High Court is a ‘Court of Record’. It implies that its judgements and orders are preserved as record, which can be produced in any Court as precedent. Secondly, the Court has the authority to punish a person who commits a contempt of Court. Neither the Supreme Court, nor the Parliament can deprive the High Court of this right.

Question 13.
Mention the number of High Courts in India.
Answer:
At present there are 21 High Courts in the India.

Question 14.
Who constitute the National Judicial Appointments Commission?
Answer:
The NJAC is to have six members Chief Justice of India, two senior most judges of the Supreme Court, the Union Law Minister and two eminent jurists, who will be selected by the Prime Minister, Leader of Opposition, Lok Sabha and Chief Justice of India (CJI). This Commission is headed by the CJI.

Question 15.
Mention the grounds on which a Judge of a High Court can be removed.
Answer:
A Judge of a High Court can be removed from office on the ground of proved misbehaviour or incapacity.

Question 16.
What procedure has been laid down for the removal of the Judge of a High Court?
Answer:
The Judge can be removed only when an address of each House of Parliament, passed by a majority of the total membership of that House and by majority of not less than two-thirds of the members present and voting is presented to the President.

Question 17.
Under what circumstances can the Salaries and Allowances of the Judges of a High Court be reduced?
Answer:
The Salaries and Allowances of the Judge of a High Court can be reduced only during financial emergency in State or in the country.

Question 18.
Mention any two Administrative functions of a High Court.
Or
Mention any two powers of superintendence and control that the Constitution confers on the High Court.
Answer:
In this regard, the High Court exercises following powers.

  1. The appointments, posting and promotion of District Judges shall be made by the Governor in consultation with the High Court.
  2. The High Court can settle the fees to be allowed to the officers, clerks and advocates of the Subordinate Courts.

Question 19.
Name the Court or the Tribunal over which the High Courts do not have power of Superintendence.
Answer:
The power of High Courts, does not extend to any Court or Tribunal relating to the Armed forces.

Question 20.
Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.
Answer:

  1. A Judge can remain in office till he attains the age of 62. He can only be removed by the President on the ground of proved misbehaviour or incapacity on Address of each House of Parliament.
  2. Salaries and Allowances of the Judges are changed on the Consolidated Fund of the State.

Question 21.
Name the three States which could have their separate High Court in March 2013.
Answer:

Question 22.
Do the High Courts have power to determine the validity of a Central Law?
Answer:
Yes, the High Courts have power to determine the validity of a Central Law.

Question 23.
Name the Court or the Tribunal over which the High Courts do not have power of superintendence.
Answer:
The power of High Courts, does not extend to any Court or Tribunal relating to the Armed forces.

Structured Questions

Question 1.
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 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 are the Additional and Acting Judges appointed?
Answer:
(a) A High Court consists of one Chief Justice and as many other judges, as the Parliament may fix from time to time. The Chief Justice of the High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Government of the State concerned. The Judges of the High Court are appointed by the President after duly consulting the Chief Justice of the concerned High Court.

(b) The qualifications of the Judges are as under.

  • One should be a citizen of India.
  • One should have held a Judicial Office in India for at least 10 years or
  • One should have been advocate of a High Court for at least 10 years or
  • One must be a distinguished Jurist in the opinion of the President.

(c) In case of temporary increase in the business of a High Court, the President may appoint additional Judges. Such a person should have attained the age of 62 years and his term of office cannot be exceeded two years.
When a Judge of a High Court is unable to perform the duties of his office, the President may appoint a duly qualified person to act as a Judge of that Court.

The Acting Judge holds office until the Permanent Judge has resumed his duties. Even when the Chief Justice is unable to perform his duties, the President may appoint one of the Permanent Judges to temporarily act as Chief Justice.

Question 2.
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) Two types of cases in which it has Appellate Jurisdiction.
(c) Its Revisory Jurisdiction.
Answer:
(a) The Original Jurisdiction extends to those cases which High Court has authority to hear and decide in the first instance :

  • A High Court has Original Jurisdiction with respect to State revenue and its collection.
  • It enjoys Original Jurisdiction along with the Supreme Court for the enforcement of Fundamental Rights guranteed by the Constitution. It can issue Writs for the enforcement of Fundamental Rights.
  • The cases regarding will, divorce, marriage, company, law and contempt of Court can be taken up by the High Court directly.
  • The High Courts of Bombay, Madras and Calcutta enjoy Original Jurisdiction in all civil and criminal cases related to the Chirstians and Parsees.

(b) The Appellate Jurisdiction of the High Courts is both civil and criminal. In civil cases, the High Courts hear the appeals against the decisions of District Judges.
In Criminal Cases Appellate Jurisdiction consists of appeals.

  • Against the judgement of Sessions or an Additional Sessions Judge, where the sentence of imprisonment exceeds 7 years.
  • Appeals against the judgement of Assistant Sessions Judge, the. Chief Metropolitan Magistrate or other Judicial Magistrate where the sentence of imprisonment exceeds four years.
  • Appeals may be in matter concerning land revenue.
  • Appeals may be in cases, where injustice has been committed by any Tribunal.
  • Appeals may be in cases, where the death sentence has been awarded by the Sessions Judge.
  • Appeals may be in cases, where the order of acquittal is passed by a Sessions Judge.

(c) The High Court may call for the second of any case which has been decided by a Subordinate Court. If the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it, or has acted with gross irregularity, it may make such order in the case as it deems fit. In simple words, Revisional Jurisdiction implies that a High Court may withdraw a case from a Subordinate Court and deal with it itself, if it is satisfied that the case involves a substantial point of Constitutional law.

Question 3.
Besides the power of issuing the Writs, each High Court is a Court of Record. In this context answer the following questions:
(a) What is the purpose of the Writ of Habeas Corpus?
(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?
Answer:
(a) ‘Habeas Corpus’ is the Latin term meaning ‘you may have the body’. The Writ of Habeas Corpus provides a remedy for a person who has been unlawfully held in person or in police custody. The High Court commands that the person detained should be brought into the court. If the cause for his detention is found insufficient, he is at once unconditionally released

(b) The Writ Jurisdiction of the Supreme Court is restricted to enforcement of Fundamental Rights. But the words “for any other purpose” allow the High Courts to issue writs for enforcement of all legal rights, whether Fundamental Rights or other rights.

(c) The High Court is a “Court of Record”. The Court of Records has two characteristics. Firstly, its judgements and orders are preserved a record, which can be produced in any Court as precedent. The law laid down by the High Court is binding on all Subordinate Courts and administrative tribunals in the State.

Though its Jurisdiction does not involve High Court or Tribunal of other states. Secondly, if a person commits a contempt of High Court, the Court has the authority to punish him. Neither the Supreme Court, nor the Parliament can deprive the High Court of this right.

Question 4.
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?
(c) Cite any judgement of any the High Courts that quashed a law or an executive order because it was unconstitutional.
Answer:
(a) Like the Supreme Court, the High Court has the power to exercise Judicial Review and judge the validity of the laws. If a High Court finds that a particular law goes beyond the provisions of the Constitution, it can declare the law null and void

(b) Yes, the High Courts have power to determine the validity of a Union (Central) Law.

(c) The Andhra Pradesh High Court on 28 May 2012 quashed 4.5 per cent reservation for Minorities in Central Educational Institutions, like the HTs. The Court said the Constitution of India did not allow reservation in favour of any of the religious communities.

Question 5.
The Constitution confers on the High Court the Power of Superintendence and control over the courts and tribunals in the State. Describe the powers exercised by the Court in pursuance of these responsibilities.
Answer:
The High Court stands at the apex of the Judicial system of a State. Thus, it enjoys following administrative powers :

  • A High Court has the power to call for a detailed report on the working of the courts.
  • It is the High Court, who frames rules to regulate the practice and proceedings of the Court.
  • High Court has the power to

(a) transfer a District judge
(b) recall District Judge on deputation

(c) promotions.

  • The appointments, posting and promotion of District Judges is made by governor in consultation with the High Court.
  • The High Court can prescribe forms in which books, entries and accounts shall be kept by the Courts.
  • The High Court can settle the fees to be allowed to the officers, clerks and advocates of the subordinate judges.

Question 6.
Many provisions of the Constitution are intended to secure Independence and Impartiality of the High Courts. With regard to the service conditions of the Judges, explain the significance of each of the following :
(a) Norms governing the Appointment of Judges
(b) Security of Tenure
(c) Salaries and Allowances of the Judges
(d) Restrictions barring the discussion of the conduct of a Judge
(e) Norms governing the Transfer of a Judge
Answer:
(a) The judiciary at the State level, is made independent by reducing the discretion of the Executive and that of the Chief Justice of India in appointing the High Court. The Supreme Court in 1998 ruled that the Chief Justice of India’s recommendation with regard to appointment was not binding on the government, in case the recommendation was made without consulting two senior-most judges of the Supreme Court.

(b) A judge can remain in office till he has attained the age of 62 years. However, he can be removed by the President on the ground of proved misbehaviour or incapacity on an Address of each House of Parliament such an Address, should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting. Thus, security of tenure ensures their independence and impartiality.

(c) The Salaries and Allowances of the Judges are charged on the Consolidated Fund of State and not subject to vote of the Legislature. The Salaries and Allowances of the Judges cannot be
reduced to their disadvantage during their term of office. However, in times of financial emergency, their salaries can be reduced.

(d) Judges enjoy the complete freedom of action as no discussion can take place in the Legislature of a State or in Parliament, with respect to the conduct of any judge in the discharge of his duties, except when a motion for his removal is under consideration. Even, the conduct of a judge cannot be a subject-matter of discussion inside the Legislature.

(e) The President can transfer any Judge from one High Court to another. Though it requires three conditions to be fulfilled. Firstly, orders for transfer can be issued after consulting the Chief Justice of India. Secondly, the Chief Justice of India’s recommendation must be made in consultation with four senior-most judges of the Supreme Court. Thirdly, the views of the concerned High Court must be taken into consideration. Fourthly, when a judge has been transferred, he shall be entitled to compensatory allowance in addition to his salary.

ICSE History and Civics Class 10 Goyal Brothers Prakashan Solutions

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