The High Courts and Subordinate Courts: ICSE Class 10 Civics

Leave a Comment

Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 5 “The High Courts and Subordinate Courts” which is part of ICSE Class 10 Civics (Morning Star). However, the notes should only be treated as references and changes should be made according to the needs of the students.

Summary

Chapter 5 discusses the structure and functions of the High Courts and Subordinate Courts in India. Each state in India has a High Court, and there are 25 High Courts across the country. The High Courts have a Chief Justice and other judges appointed by the President of India. Judges must be citizens of India, under the age of 62, and must have held judicial office or practiced as advocates for at least ten years. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the respective state.

High Courts have original jurisdiction, meaning they can hear cases first, in matters related to state revenue, wills, divorce, and certain other cases. They also have appellate jurisdiction, allowing them to hear appeals from lower courts. The High Courts possess the power of judicial review, enabling them to declare any law or order that violates the Constitution as null and void. They also function as Courts of Record, meaning their judgments are preserved as records for future reference.

Subordinate courts function at the district level and include civil, criminal, and revenue courts. The District Judge is the highest authority in civil matters, while the Sessions Judge presides over criminal cases. Appeals from these courts can be made to the High Court.

The chapter also explains the Lok Adalats, which are alternative forums for resolving disputes quickly and without the high costs associated with traditional court cases. Lok Adalats help reduce the backlog of cases in courts by settling disputes through compromise, which is often more satisfactory for both parties. These courts have become an important part of the judicial system in India, offering accessible justice to those who might not afford lengthy legal procedures.

Textbook (Total History) solutions

Multiple-Choice Questions

1. How many High Courts are there in India?

A. 25
B. 30
C. 32
D. 28

Answer: A. 25

2. Out of the following Union territories, which Union territory has a High Court of its own?

A. Chandigarh
B. Ladakh
C. Lakshadweep
D. New Delhi

Answer: D. New Delhi

3. What is the maximum age in order to be qualified for appointment as a Judge in the High Court?

A. 62 years
B. 68 years
C. 65 years
D. 60 years

Answer: A. 62 years

4. In order to be qualified as a Judge of a High Court, the individual must have held a judicial office in the territory of India or has been an advocate of a High Court for at least

A. 15 years
B. 10 years
C. 5 years
D. 12 years

Answer: B. 10 years

5. Which of the following are the qualifications required to be a Judge of a High Court?

P. He should not be over 62 years of age.
Q. He has been an advocate of a High Court for at least ten years.
R. He should have been a distinguished Jurist.
S. He has held a judicial office in the territory of India for at least five years.

A. P and R
B. R and S
C. P and Q
D. P and S

Answer: C. P and Q

6. Identify the statements about the High Court Judges which are correct.

P. A judge of a High Court cannot be removed from office on any ground.
Q. A Judge who has worked as a permanent Judge of a High Court cannot practice in any Court after his/her retirement.
R. The salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the course of their service.
S. A Judge of a High Court may resign his/her office by writing addressed to the President of India.

A. P and Q
B. R and S
C. Q and R
D. P and R

Answer: B. R and S

7. Every High Court has the power to interpret the Constitution. This power is known as

A. Judicial Review
B. Constitutional Review
C. High Court Review
D. Interpretation Review

Answer: A. Judicial Review

8. __________ of High Court means the power to accept appeals against decisions of District courts, in civil as well as criminal matters.

A. Revisory jurisdiction
B. Advisory jurisdiction
C. Appellate jurisdiction
D. Confirmatory jurisdiction

Answer: C. Appellate jurisdiction

9. __________ Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court.

A. Advisory
B. Appellate
C. Revisory
D. Judicial

Answer: C. Revisory

10. All __________ are empowered to issue writs.

A. High Courts
B. District courts
C. Members of Parliament
D. Ministers of the Cabinet

Answer: A. High Courts

11. Which of the following statements about the functions of the High Court are correct?

P. Unlike the Supreme Court, the High Court is not a Court of Record.
Q. The High Court can advise any government department if they seek advice from them on matters of law.
R. The High Court has the power of Judicial Review.
S. The High Court cannot issue writs.

A. Q and R
B. P and Q
C. P and S
D. R and S

Answer: A. Q and R

12. A Munsif court is authorised to deal with civil cases involving not more than

A. ₹15,000
B. ₹20,000
C. ₹30,000
D. ₹50,000

Answer: B. ₹20,000

13. When a judge decides Civil cases, he/she is called __________ and when he/she decides criminal cases, he/she is called __________.

A. Sessions Judge; District Judge
B. District Judge; Sessions Judge
C. Magistrate; District Judge
D. Magistrate; Sessions Judge

Answer: B. District Judge; Sessions Judge

14. Identify the statements about the Court of the District Judge which are correct.

P. It is the highest civil court of the district.
Q. The District Judge is appointed by the Chief Justice of the Supreme Court of India.
R. The District Judge decides both civil and criminal cases.
S. The District Judge acts as a Deputy Commissioner and District Collector.

A. P and Q
B. P and R
C. P and S
D. R and S

Answer: C. P and S

15. First class Magistrate can award imprisonment up to __________ years and/or a fine of __________.

A. 4 years; ₹20,000
B. 3 years; ₹10,000
C. 3 years; ₹5,000
D. 2 years; ₹5,000

Answer: B. 3 years; ₹10,000

16. Second class Magistrate can award imprisonment for not more than __________ years or impose a fine of __________ or both.

A. 1 year; ₹1,000
B. 2 years; ₹5,000
C. 1 year; ₹2,000
D. 2 years; ₹1,000

Answer: D. 2 years; ₹1,000

17. Lok Adalat means

A. District Court
B. People’s Court
C. High Court
D. Supreme Court

Answer: B. People’s Court

18. Suppose the autorickshaw driver, who daily takes you to school, was issued a number of traffic violation challans and had to pay a fine of five thousand rupees. He pleaded for reducing the fine but was not shown any mercy. To which court would he go to get speedy redressal of his grievance?

A. Lok Adalat
B. Sessions Court
C. High Court
D. Supreme Court

Answer: A. Lok Adalat

Short Answer Questions

1. Name two High Courts of India whose jurisdiction extends to more than two States.

Answer: The Bombay High Court and the Guwahati High Court.

2. What is the 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. Besides, the President has the power to appoint: (i) additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in a High Court; (ii) an acting Judge, when a permanent Judge (other than the Chief Justice) is temporarily absent or unable to perform his duties or is appointed to act temporarily as Chief Justice. The acting Judge holds office until the permanent Judge resumes his/her office.

3. Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court appointed?

Answer: The Governor of the concerned State administers the Oath of office to the High Court Judges. The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.

4. Who can remove a Judge of the High Court? On what grounds can a Judge of the High Court be removed from office?

Answer: A Judge of a High Court 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.

5. Who decides the salaries and allowances of the Judges of the High Court?

Answer: The salaries and allowances of the Judges of a High Court are decided by Parliament.

6. How does the High Court protect the Fundamental Rights of individuals? What is meant by Revisory Jurisdiction of the High Courts?

Answer: The High Court protects the Fundamental Rights of individuals by issuing writs for their enforcement. Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure. Therefore, the High Court can review the case and take appropriate action on it.

7. Mention two types of Subordinate Courts in a State.

Answer: Civil Courts and Criminal Courts.

8. What is meant by the term Civil Cases? Which type of cases are known as Criminal Cases?

Answer: Civil cases involve disputes related to land, property, money transactions, arbitration, guardianship, marriages, divorce, and cases involving a Will. Criminal cases involve offences such as murder, robbery, theft, and assault.

9. Which is the highest Civil Court in a District? Name the highest Criminal Court in a district.

Answer: The highest Civil Court in a District is the Court of the District Judge. The highest Criminal Court in a district is the Sessions Court.

10. Who is the highest Judicial Official at the district level for civil and criminal cases? How are the District Judges in a State appointed?

Answer: The highest Judicial Official at the district level for civil and criminal cases is the District Judge. The District Judges in a State are appointed by the Governor in consultation with the Judges of the High Court of the concerned State.

Structured Questions

1. 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?

Answer: The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State. Other Judges of a High Court are appointed by the President. The President shall consult the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court in the matter of appointment of a Judge to the High Court.

(b) State three qualifications for appointment as a Judge of the High Court.

Answer:

1. The person should be a citizen of India.
2. He/She should not be over 62 years of age.
3. He/She must have held a judicial office in the territory of India for at least ten years or must have been an advocate of a High Court for at least ten years.

(c) Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.

Answer:

1. Judges of the High Court enjoy security of tenure and can remain in office until they attain the age of 62 years.
2. The salaries and allowances of the Judges cannot be changed to their disadvantage during the course of their service except during the period of a Financial Emergency.

2. 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.

Answer: Original Jurisdiction means the power of the High Court to hear and decide cases at the first instance, i.e., not by way of appeal. The High Court exercises original jurisdiction in the following types of cases:

1. Matters relating to State revenue and its collection.
2. Cases regarding wills, divorce, marriage, company law, and contempt of court.

(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.

Answer:

1. The High Court exercises appellate jurisdiction in civil cases decided by the District Courts under its jurisdiction.
2. The High Court exercises appellate jurisdiction in criminal cases where the sentence of imprisonment exceeds seven years passed by a Sessions Judge or an Additional Sessions Judge.

(c) How does the High Court control the power of the Legislature and the Executive?

Answer: The High Court controls the power of the Legislature and the Executive through the power of Judicial Review. It can declare any law, executive order, or ordinance passed by the State Legislature or any other authority as ‘null and void’ if it infringes on the Fundamental Rights or contravenes any provision of the Constitution.

3. 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?

Answer: The High Court acts as a custodian of the Constitution through its power of Judicial Review. It has the authority to interpret the Constitution and ensure that no law or executive action violates the provisions of the Constitution.

(b) How does the High Court act as a protector of Fundamental Rights?

Answer: The High Court acts as a protector of Fundamental Rights by issuing writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for the enforcement of Fundamental Rights.

(c) What do we mean when we say that the High Court is a ‘Court of Record’?

Answer: A High Court is a ‘Court of Record’ because its judgments and orders are preserved as records to be referred to in future cases. They can be produced as precedents, and the law laid down by the High Court is binding on all subordinate courts within the State.

4. With reference to the jurisdiction of High Courts, write short notes on:

(a) Revisory Jurisdiction of High Courts.

Answer: Revisory Jurisdiction means that the High Court can call for the record of a case that has been decided by a subordinate court if it believes that the subordinate court has exercised a jurisdiction not vested in it or has not followed proper procedure. The High Court can review the case and take appropriate action.

(b) Its power to issue Writs.

Answer: The High Court has the power to issue writs, which are orders from a judicial authority asking a person to perform some act or refrain from performing an act. The writs that can be issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, and they are instrumental in protecting the Fundamental Rights of citizens.

(c) Its power of Judicial Review.

Answer: The High Court has the power of Judicial Review, which allows it to declare any law, executive order, or ordinance passed by the State Legislature or any other authority as ‘null and void’ if it infringes on the Fundamental Rights or contravenes any provision of the Constitution. This power helps in maintaining the supremacy of the Constitution.

Picture Study

a. Identify the court whose logo is given in the picture on the right. How do these courts function?

Answer: The court whose logo is given in the picture is Lok Adalat. Lok Adalats function as an alternative dispute redressal mechanism where disputes/cases pending in the court of law or at pre-litigation stage are settled amicably. These courts are organised in places like factories, farms, commercial complexes, and neighbourhoods of the litigants to settle disputes in a spirit of harmony and compromise. Cases are settled informally and cordially with the involvement of the conflicting parties.

b. What are the advantages of resolution of disputes through such courts?

Answer:

• Lok Adalats play an important role in the settlement of family feuds, disputes between neighbours, and minor cases of assault and injury by settling the disputes through compromise. Since the Lok Adalats work in the spirit of compromise and understanding, both parties feel satisfied.
• Lok Adalats deliver fast and inexpensive justice. Any person can move Lok Adalat by an application on a plain paper or using the format available with Legal Service Authorities and expect speedy justice.
• The Lok Adalats reduce the workload of other courts, enabling them to deal with more serious matters. This reduces delays in higher courts.
• Lok Adalats promote social justice by providing legal aid to weaker sections of society.

c. What is the scope of a Lok Adalat in India?

Answer: The system of Lok Adalats has now become so popular that various government departments like the Telephone Department, Traffic, and the Electricity Boards have begun to hold Lok Adalats solving hundreds of cases in a single day. It is the need of the hour that Lok Adalats are organised more frequently, and their jurisdiction is expanded. There are lakhs of cases pending in different courts all over India. These courts can play an important role in the settlement of family feuds, disputes between neighbours, and minor cases of assault and injury. Weaker sections of society cannot afford the delay or the costs involved in court procedures. The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats have already been set up for the settlement of all pending disputes concerning Delhi Development Authority, Mahanagar Telephone Nigam, Municipal Corporation, and National Insurance Co. Ltd.

Extra/additional MCQs

1. How many High Courts are there in India?

A. 21
B. 22
C. 25
D. 30

Answer: C. 25

Q. Which Union Territory in India has its own High Court?

A. Chandigarh
B. Puducherry
C. Delhi
D. Lakshadweep

Answer: C. Delhi

Q. Who appoints the Chief Justice of a High Court in India?

A. Prime Minister
B. Governor
C. President
D. Chief Justice of India

Answer: C. President

Q. What is the maximum age for a High Court judge to hold office?

A. 58 years
B. 60 years
C. 62 years
D. 65 years

Answer: C. 62 years

Q. What amendment act omitted the qualification “He/She should have been a distinguished Jurist” for High Court judges?

A. 40th Amendment Act
B. 42nd Amendment Act
C. 44th Amendment Act
D. 46th Amendment Act

Answer: C. 44th Amendment Act

Q. On what grounds can a High Court judge be removed from office?

A. Incompetence
B. Proved misbehavior or incapacity
C. Age limit
D. Voluntary resignation

Answer: B. Proved misbehavior or incapacity

Q. What is the minimum experience required as an advocate to be appointed as a High Court judge in India?

A. 5 years
B. 7 years
C. 10 years
D. 15 years

Answer: C. 10 years

Q. Which body decides the salaries and emoluments of High Court judges in India?

A. State Legislature
B. Union Cabinet
C. Parliament
D. Supreme Court

Answer: C. Parliament

Q. Who must the President consult with to transfer a High Court judge?

A. Governor
B. Chief Justice of the Supreme Court
C. Chief Justice of India
D. Chief Justice of the High Court

Answer: C. Chief Justice of India

Q. Under which fund are the salaries and allowances of High Court judges charged?

A. Consolidated Fund of India
B. Contingency Fund of India
C. Consolidated Fund of the State
D. Public Account of India

Answer: C. Consolidated Fund of the State

Q. In which year was the first impeachment motion passed in the Rajya Sabha against a High Court judge?

A. 2008
B. 2009
C. 2010
D. 2011

Answer: D. 2011

Q. After retirement, a High Court judge can practice law only in which of the following?

A. Supreme Court
B. Any High Court
C. District Courts
D. Tribunals

Answer: A. Supreme Court

Q. What happens to the office of a High Court judge when they are appointed to the Supreme Court?

A. They continue in the High Court
B. The office is vacated
C. They hold both offices
D. The office is transferred

Answer: B. The office is vacated

Q. Which jurisdiction allows the High Court to hear cases directly at the first instance?

A. Appellate jurisdiction
B. Revisory jurisdiction
C. Original jurisdiction
D. Advisory jurisdiction

Answer: C. Original jurisdiction

Q. What type of cases can be directly brought to a High Court under its original jurisdiction?

A. Election petitions
B. Wills and divorces
C. Land disputes
D. Criminal appeals

Answer: B. Wills and divorces

Q. Which authority does the High Court have the power to review under Revisory Jurisdiction?

A. The Supreme Court
B. The President
C. Subordinate courts
D. Election Commission

Answer: C. Subordinate courts

Q. What is the maximum sentence duration for which the High Court’s appellate jurisdiction can be invoked against a judgment of a Sessions Judge?

A. 4 years
B. 7 years
C. 10 years
D. 5 years

Answer: B. 7 years

Q. In which case is the High Court’s confirmation required before the sentence is carried out?

A. Life imprisonment
B. Death sentence
C. Exile
D. Fine exceeding a certain amount

Answer: B. Death sentence

Q. Under which jurisdiction can the High Court issue writs to enforce Fundamental Rights?

A. Original jurisdiction
B. Appellate jurisdiction
C. Revisory jurisdiction
D. Advisory jurisdiction

Answer: A. Original jurisdiction

Q. What power does the High Court have regarding the constitutionality of State laws after the repeal of certain parts of the 42nd Amendment Act?

A. Power to enforce them
B. Power to review them
C. Power to declare them null and void
D. Power to amend them

Answer: C. Power to declare them null and void

Q. Which writ can be issued by the High Court to command a lower court or a government official to perform their duty?

A. Habeas Corpus
B. Quo Warranto
C. Mandamus
D. Certiorari

Answer: C. Mandamus

Q. Who appoints District Judges in consultation with the High Court?

A. The President
B. The Prime Minister
C. The Governor
D. The Chief Justice of India

Answer: C. The Governor

Q. The High Court can exercise its power of superintendence over which type of courts?

A. International Courts
B. Subordinate Courts
C. Military Tribunals
D. Panchayat Courts

Answer: B. Subordinate Courts

Q. What is ensured for High Court Judges to maintain their independence?

A. Security of tenure
B. Prohibition on retirement
C. Security of job location
D. Security of promotion

Answer: A. Security of tenure

Q. What can the High Court do if its authority is lowered?

A. Appeal to the Supreme Court
B. Punish the person for contempt of court
C. Request intervention from the State Legislature
D. Issue a public notice

Answer: B. Punish the person for contempt of court

Q. Which of the following is NOT allowed regarding High Court Judges in the State Legislature?

A. Discussion on their judgments
B. Discussion on their conduct
C. Discussion on their retirement
D. Discussion on their appointments

Answer: B. Discussion on their conduct

Q. What is prohibited for Judges after retirement from the High Court?

A. Practicing law
B. Running for political office
C. Joining the military
D. Serving as a magistrate

Answer: A. Practicing law

Q. What is the highest civil court of a district called?

A. Court of Civil Judge
B. Court of Sessions
C. Court of District Judge
D. Court of Small Causes

Answer: C. Court of District Judge

Q. Who appoints the District Judge or the Additional District Judge?

A. President of India
B. Chief Justice of India
C. Governor in consultation with the Chief Justice of the High Court
D. Prime Minister of India

Answer: C. Governor in consultation with the Chief Justice of the High Court

Q. Which court deals with civil cases involving land, property, and money transactions?

A. Sessions Court
B. Munsif’s Court
C. Revenue Court
D. Civil Court

Answer: D. Civil Court

Q. What is the next higher authority to appeal to after the Munsif’s Court?

A. High Court
B. Court of Civil Judge
C. District Court
D. Supreme Court

Answer: B. Court of Civil Judge

Q. Which court is responsible for cases involving small monetary values?

A. Court of Civil Judge
B. Court of Small Causes
C. Court of Sessions
D. Revenue Court

Answer: B. Court of Small Causes

Q. Who presides over the Sessions Court?

A. Civil Judge
B. Chief Metropolitan Magistrate
C. District Judge
D. Sessions Judge

Answer: D. Sessions Judge

Q. What must be confirmed by the High Court before it is carried out?

A. Life imprisonment
B. Fines over a certain amount
C. Sentence of death
D. Extradition orders

Answer: C. Sentence of death

Q. Which type of court deals with less serious criminal offences?

A. Sessions Court
B. Court of First Class Magistrates
C. District Court
D. High Court

Answer: B. Court of First Class Magistrates

Q. Who can impose a sentence of imprisonment up to three years?

A. Sessions Judge
B. Court of Second Class Magistrates
C. Court of First Class Magistrates
D. District Judge

Answer: C. Court of First Class Magistrates

Q. Which court does not have jurisdiction over cases pertaining to agricultural land?

A. Revenue Court
B. Civil Court
C. Sessions Court
D. Munsif’s Court

Answer: B. Civil Court

Q. Which court has the power to award death sentences or life imprisonment?

A. Civil Court
B. Court of Small Causes
C. Sessions Court
D. Court of Second Class Magistrates

Answer: C. Sessions Court

Q. Appeals against the judgment of the Sessions Courts can be made to which court?

A. Supreme Court
B. District Court
C. High Court
D. Family Court

Answer: C. High Court

Q. Which court hears first appeals against the decisions of the Tehsildar?

A. Naib Tehsildar’s Court
B. Collector’s Court
C. Commissioner’s Court
D. Sessions Court

Answer: B. Collector’s Court

Q. What is the highest authority in the field of revenue in a state?

A. Collector’s Court
B. Commissioner’s Court
C. Board of Revenue
D. Sessions Court

Answer: C. Board of Revenue

Q. The Lok Adalats were set up by which act?

A. Legal Services Authorities Act, 1987
B. Family Courts Act, 1984
C. Arbitration and Conciliation Act, 1996
D. Civil Procedure Code, 1908

Answer: A. Legal Services Authorities Act, 1987

Q. The first Lok Adalat was held in which location?

A. Delhi
B. Mumbai
C. Junagarh, Gujarat
D. Kolkata

Answer: C. Junagarh, Gujarat

Q. Under which section of the Legal Services Authorities Act are Permanent Lok Adalats organized?

A. Section 21-A
B. Section 22-B
C. Section 24-D
D. Section 25-C

Answer: B. Section 22-B

Q. When were National Lok Adalats first held on specific subject matter every month?

A. January 2014
B. February 2015
C. March 2016
D. April 2017

Answer: B. February 2015

Q. The Family Courts Act was enacted in which year?

A. 1980
B. 1982
C. 1984
D. 1986

Answer: C. 1984

Q. Appeals against the decisions of Naib Tehsildar can be taken to which court?

A. High Court
B. Tehsildar’s Court
C. Sessions Court
D. Supreme Court

Answer: B. Tehsildar’s Court

Q. Which Lok Adalats have jurisdiction to decide disputes even if parties fail to reach a settlement?

A. National Lok Adalat
B. Permanent Lok Adalat
C. Mobile Lok Adalat
D. Family Court

Answer: B. Permanent Lok Adalat

Q. Which type of cases do Mobile Lok Adalats typically resolve?

A. Land disputes
B. Family disputes
C. Petty cases
D. Criminal cases

Answer: C. Petty cases

50. In which year was the first Lok Adalat held?

A. 1980
B. 1982
C. 1984
D. 1986

Answer: B. 1982

Extra/additional questions and answers

1. How many High Courts are there in India?

Answer: 25.

Q. Who appoints the Chief Justice of a High Court?

Answer: The President of India.

Q. Which Union Territory has its own High Court?

Answer: Delhi.

Q. What is the maximum age for a High Court Judge to hold office?

Answer: 62 years.

Q. What is the procedure for removing a High Court Judge called?

Answer: Impeachment.

Q. What power does a High Court have to interpret the Constitution?

Answer: Judicial Review.

Q. In which cases does the High Court have original jurisdiction?

Answer: State revenue and its collection.

Q. Which article allows High Courts to issue writs for enforcing Fundamental Rights?

Answer: Article 226.

Q. Who must be consulted for the transfer of a High Court Judge?

Answer: The Chief Justice of India.

Q. What is the retirement age of an acting Judge of a High Court?

Answer: 62 years.

Q. What type of cases does the High Court have original jurisdiction over, besides State revenue?

Answer: Wills, divorce, marriage, company law, and contempt of court.

Q. Who can remove a High Court Judge from office?

Answer: The President of India.

Q. What is the meaning of Appellate Jurisdiction of High Court?

Answer: It means the High Court can accept appeals against the decisions of District Courts.

Q. Which cases can be appealed to the High Court in civil matters?

Answer: Cases concerning land revenue and blatant injustice by any Tribunal.

Q. What type of cases fall under the criminal appellate jurisdiction of the High Court?

Answer: Cases where the sentence exceeds seven years or four years, and cases of acquittal by a Sessions Judge.

Q. What must happen to a death sentence before it is carried out?

Answer: It must be confirmed by the High Court.

Q. Can the High Court advise the Governor on legal matters?

Answer: Yes, it can advise on constitutional and other matters of law.

Q. What is Revisory Jurisdiction of the High Court?

Answer: It allows the High Court to call for the record of a case decided by a subordinate court.

Q. What can the High Court do under Judicial Review?

Answer: It can declare any law, executive order, or ordinance null and void if it infringes Fundamental Rights.

Q. What is meant by the High Court being a “Court of Record”?

Answer: Its judgments and orders are preserved as records and can be used as precedents.

Q. What is the original jurisdiction of the High Court in relation to disputes?

Answer: It includes disputes related to State revenue, wills, divorce, marriage, and company law.

Q. What is a writ?

Answer: A writ is an order from a judicial authority asking a person to perform or refrain from performing an act.

Q. What powers does the High Court have over subordinate courts?

Answer: It has superintendence over all courts and tribunals in its jurisdiction.

Q. Who makes the appointment of District Judges?

Answer: The Governor, in consultation with the Judges of the High Court.

Q. How is the independence of the High Court ensured?

Answer: Through security of tenure, security of pay, and control over its procedure and establishment.

Q. What type of cases do civil courts exercise jurisdiction over?

Answer: Land, property, and money transactions.

Q. What is the highest civil court of a district called?

Answer: The Court of the District Judge.

Q. What is the title given to a judge who decides criminal cases in a district?

Answer: Sessions Judge.

Q. Who appoints the District Judge and Additional District Judge?

Answer: The Governor in consultation with the Chief Justice of the High Court.

Q. What is the next cadre after the District Judge?

Answer: Court of Civil Judge.

Q. What is the maximum value of cases that a Munsif can handle?

Answer: 20,000.

Q. Which court is headed by the junior-most Magistrates?

Answer: Courts of Small Causes.

Q. What do Revenue Courts handle?

Answer: Matters pertaining to agricultural land.

Q. Which court is the highest criminal court of a district?

Answer: Sessions Court.

Q. What must be confirmed by the High Court before it is carried out?

Answer: A sentence of death.

Q. Which court can pass a sentence of imprisonment only up to seven years?

Answer: Court of Chief Metropolitan Magistrate or Chief Judicial Magistrate.

Q. Which court can sentence a person to imprisonment for not more than two years?

Answer: Court of the Second Class Magistrates.

Q. What does “Lok Adalat” mean?

Answer: People’s Court.

Q. Which act established Lok Adalats?

Answer: Legal Services Authorities Act, 1987.

Q. What is the main condition for a case to be settled in a Lok Adalat?

Answer: Both parties must agree to a settlement.

Q. Where was the first Lok Adalat held?

Answer: Junagarh in Gujarat.

Q. When was the first Lok Adalat held?

Answer: March 14, 1982.

Q. What is the purpose of Lok Adalats?

Answer: To provide legal aid and quick justice.

Q. Are decisions of Lok Adalats binding on the parties involved?

Answer: Yes, they are binding.

Q. What kind of cases do Permanent Lok Adalats handle?

Answer: Cases relating to Public Utility Services.

Q. Who assists Lok Adalats in their functioning?

Answer: Legal Aid Committees and Social Action Groups.

Q. How often are National Lok Adalats held?

Answer: They are held at regular intervals.

Q. What is unique about Mobile Lok Adalats?

Answer: They travel to various locations to resolve petty cases.

Q. What type of disputes are often settled by Lok Adalats?

Answer: Family feuds and minor cases of assault and injury.

Q. Which year was the Family Courts Act enacted?

Answer: 1984.

Q. In which areas are Family Courts set up?

Answer: In cities with a population of more than 10 lakh.

Q. How are the other Judges of a High Court appointed, and who is consulted in this process?

Answer: Other Judges of a High Court are appointed by the President of India. In this process, the President consults the Chief Justice of India, the Governor of the concerned State, and the Chief Justice of the High Court for the appointment.

Q. What are the key conditions for the transfer of a High Court Judge from one High Court to another?

Answer: The transfer of a High Court Judge requires consultation with the Chief Justice of India. Additionally, the Chief Justice of India must consult four senior-most judges of the Supreme Court. The views of the Chief Justices of both the High Courts involved in the transfer must also be obtained. A transferred judge is entitled to a compensatory allowance in addition to their salary.

Q. What restrictions are imposed on a High Court Judge regarding practice after retirement?

Answer: A retired High Court Judge is allowed to practice only in the Supreme Court or in those High Courts where they have not served as a judge. They are prohibited from practicing in other courts or judicial tribunals.

Q. What is the role of the High Court in the enforcement of Fundamental Rights?

Answer: The High Court has original jurisdiction in enforcing Fundamental Rights as guaranteed by the Constitution. It shares this jurisdiction with the Supreme Court and can issue writs for the enforcement of these rights.

Q. What are the conditions under which civil cases can be appealed to the High Court?

Answer: Civil cases can be appealed to the High Court if they involve matters concerning land revenue or if there has been a blatant injustice committed by a Tribunal. In such cases, the High Court may quash the order of the Tribunals. These appeals are limited to the cases decided by the District Courts under the jurisdiction of the High Court concerned.

Q. What does the High Court’s Revisory Jurisdiction entail?

Answer: Revisory Jurisdiction allows the High Court to review the decisions of subordinate courts if it believes that the subordinate court has exercised jurisdiction not vested in it or has not followed proper procedure. This jurisdiction is particularly invoked in cases where there is an injustice or error of law apparent on the face of the record, violation of the principles of natural justice, arbitrary authority leading to wrong judgments, or flagrant error in procedure.

Q. What is the significance of the High Court being a “Court of Record”?

Answer: As a “Court of Record,” the High Court’s judgments and orders are preserved as legal records and can be referred to in future cases. These records can be produced as precedents, meaning the law laid down by the High Court is binding on all subordinate courts within the State. However, while these precedents are significant, they do not bind other High Courts, although they can be used to support legal arguments.

Q. What is the High Court’s role in the enforcement of Fundamental Rights?

Answer: The High Court is empowered to issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. These writs are instrumental in protecting the Fundamental Rights of citizens by ordering individuals or authorities to perform certain actions or refrain from certain actions. The issuance of writs by the High Court ensures that the Fundamental Rights enshrined in the Constitution are upheld and that citizens have a mechanism to seek redressal in case of violation of these rights.

Q. What administrative functions does the High Court have over the subordinate judiciary?

Answer: The High Court has administrative control over the subordinate judiciary in the State. This includes powers over the appointment, posting, and promotion of District Judges, the transfer and recall of District Judges on deputation, and the promotion and confirmation of members of the judicial service holding posts inferior to that of District Judge. The High Court also plays a role in the appointment of judicial service members, in consultation with the State Public Service Commission and the Governor.

Q. What types of cases are handled by the civil courts under the jurisdiction of the District Judge?

Answer: Civil courts under the jurisdiction of the District Judge handle cases related to land, property, and money transactions, as well as arbitration, guardianship, marriages, divorce, and cases involving a Will. These courts are graded according to their functions, with the Court of the District Judge being the principal court.

Q. What are the roles of a District Judge when dealing with civil and criminal cases?

Answer: When dealing with civil cases, the judge is referred to as the District Judge. When handling criminal cases, the same judge is referred to as the Sessions Judge. The District Judge also often acts as a Deputy Commissioner and District Collector, maintaining law and order, and supervising the collection of revenue and taxes in the district.

Q. Who appoints the District Judge or Additional Judge and what are the qualifications required for these positions?

Answer: The District Judge or Additional Judge is appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned state. To qualify for the position, a person should either be an advocate with seven years of standing or an official in the Judicial Service of the Union or State Public Service Commission.

Q. What is the role of Courts of Small Causes and what is unique about their decisions?

Answer: Courts of Small Causes are headed by the junior-most Magistrates and have jurisdiction over cases where the value of the subject matter is small. One unique aspect of these courts is that there can be no appeal against their decisions, meaning their judgments are final in the context of small monetary disputes.

Q. What administrative control does the District Judge have over civil courts?

Answer: The District Judge exercises administrative control over all civil courts within the district. This includes overseeing the functioning of these courts and ensuring they adhere to procedural regulations. The District Judge also ensures that civil courts do not overstep their jurisdiction, particularly in matters related to agricultural land, which are exclusively handled by Revenue Courts.

Q. What is the role of Lok Adalats in providing justice?

Answer: Lok Adalats provide legal aid and quick justice, especially to those who cannot afford to engage lawyers or bear the costs of legal proceedings. Cases are settled amicably with no court fees, and decisions are binding, ensuring speedy resolution of disputes. They also reduce the workload of regular courts and help in settling disputes through compromise, making both parties feel satisfied with the outcome.

Q. How do Lok Adalats help in reducing the burden on regular courts?

Answer: Lok Adalats relieve the burden on regular courts by resolving cases quickly and efficiently. They settle disputes through compromise, which prevents these cases from going through the lengthy process of regular courts. This allows regular courts to focus on more serious matters, thereby reducing delays and ensuring faster justice delivery.

Q. What is the function of Permanent Lok Adalats?

Answer: Permanent Lok Adalats are established under Section 22-B of the Legal Services Authorities Act, 1987, as permanent bodies to handle disputes related to Public Utility Services. They provide a pre-litigation mechanism for conciliation and settlement. Even if parties fail to reach a settlement, these adalats have the jurisdiction to decide the dispute, with their decisions being final and binding, provided the dispute does not relate to an offence.

Q. What are the advantages of Mobile Lok Adalats?

Answer: Mobile Lok Adalats provide legal aid by traveling to various locations, resolving petty cases, and spreading legal awareness among the public. They are effective in reaching out to people who might not have easy access to legal services, offering a convenient way to settle disputes on the spot. These adalats contribute to reducing the backlog of cases in regular courts and help in promoting legal literacy.

Q. What are the benefits of the Family Courts Act, 1984?

Answer: The Family Courts Act, 1984, was enacted to secure the speedy settlement of disputes related to marriage and family affairs. It mandates the establishment of Family Courts in cities with populations over 10 lakh. This specialized court system helps in reducing the burden on regular courts and ensures that family disputes are resolved quickly and amicably, focusing on the well-being of the families involved.

Q. What are the qualifications required for appointment as a Judge of a High Court?

Answer: To be appointed as a Judge of a High Court, a person must fulfill the following qualifications:

• They must be a citizen of India.
• They should not be over 62 years of age.
• They must have held a judicial office in the territory of India for at least ten years.
• Alternatively, they must have been an advocate of a High Court for at least ten years. The qualification stating that the person “should have been a distinguished Jurist,” which was introduced by the 42nd Amendment Act in 1976, was later omitted by the 44th Amendment Act in 1978.

Q. Explain the composition of the High Courts in India and the role of the President in appointing judges.

Answer: Each High Court in India consists of a Chief Justice and other Judges as appointed by the President of India. The President also has the authority to appoint additional judges for a temporary period not exceeding two years to clear the arrears of work in a High Court. Additionally, the President can appoint an acting Judge when a permanent Judge (other than the Chief Justice) is temporarily absent or unable to perform their duties. The acting Judge holds office until the permanent Judge resumes their duties. This system ensures the smooth functioning of the High Courts across the country.

Q. What are the powers and jurisdiction of the High Court with respect to original jurisdiction?

Answer: The High Courts in India have original jurisdiction, which means they have the authority to hear and decide cases at the first instance, rather than on appeal. The original jurisdiction of High Courts includes matters related to:

• State revenue and its collection.
• Cases concerning wills, divorce, marriage, company law, and contempt of court.
• Interpreting the Constitution through Judicial Review.
• Enforcing Fundamental Rights in conjunction with the Supreme Court.
• Election petitions challenging the election of Members of Parliament, State Legislative Assembly, or other local bodies. This jurisdiction allows High Courts to address critical legal matters directly.

Q. Describe the scope and significance of the High Court’s superintendence over all courts and tribunals within its jurisdiction.

Answer: The High Court’s power of superintendence extends over all courts and tribunals throughout the territories under its jurisdiction, except those constituted under any law related to the Armed Forces. Under this power, the High Court can call for returns from these courts, make and issue general rules for regulating their practices and proceedings, prescribe forms in which books, entries, and accounts are kept by officers of these courts, and settle tables of fees for clerks, officers, and legal practitioners. This superintendence ensures that subordinate courts function efficiently, adhere to uniform procedures, and maintain the standards expected in the judicial process. It also empowers the High Court to oversee and correct any procedural lapses or administrative irregularities, thereby upholding the integrity of the judicial system within its jurisdiction.

Q. What are the provisions that ensure the independence of the High Courts in India?

Answer: The independence of the High Courts in India is ensured through several provisions:

• Judges are provided with security of tenure, which means they cannot be easily removed from office, thus protecting them from external pressures.
• Judges receive security of pay and allowances, ensuring their financial independence.
• The High Court has full control over its procedure of work and establishment, allowing it to function without interference from the executive or legislature.
• The High Court can punish anyone who commits contempt of court, safeguarding its authority and maintaining respect for its decisions.
• Discussions on the conduct of High Court Judges are prohibited in the State Legislature, ensuring that judicial conduct remains outside the realm of political debate.
• Judges are prohibited from practicing law after retirement, preventing conflicts of interest and maintaining the dignity of the judiciary.

Q. What are the types of writs that the High Court can issue, and what is their significance in protecting Fundamental Rights?

Answer: The High Court can issue five types of writs:

• Habeas Corpus: This writ is issued to secure the release of a person who has been unlawfully detained. It ensures that no person is deprived of their liberty without legal justification.
• Mandamus: This writ commands a public authority to perform a duty that it is legally obligated to perform. It ensures that government officials fulfill their responsibilities.
• Prohibition: This writ is issued to lower courts or tribunals to prevent them from exceeding their jurisdiction. It ensures that legal processes are conducted within the bounds of the law.
• Quo Warranto: This writ challenges the legality of a person’s claim to a public office. It ensures that only duly qualified individuals occupy public positions.
• Certiorari: This writ is issued to quash the orders of lower courts or tribunals when they have acted beyond their jurisdiction. It ensures that the judiciary operates within its legal limits.

Q. What are the responsibilities and powers of a District Judge beyond judicial duties?

Answer: Beyond judicial duties, the District Judge often acts as a Deputy Commissioner and District Collector. In this capacity, the District Judge maintains law and order in the district and supervises the collection of revenue and taxes. This dual role means the District Judge holds significant administrative power, which includes enforcing laws, managing government revenues, and overseeing local governance. The District Judge’s responsibilities, therefore, extend beyond the courtroom, involving the broader management of district affairs, which can include both civil administration and the enforcement of legal judgments within the district.

Q. Explain the hierarchy and the types of cases handled by the Civil Courts under the District Judge’s jurisdiction.

Answer: The hierarchy of civil courts under the District Judge’s jurisdiction is structured to handle various types of civil cases, with different levels of courts addressing issues based on the complexity and value of the cases. At the top is the Court of the District Judge, which is the highest civil court in the district and handles both civil and criminal cases. Below it is the Court of Civil Judge, which deals with cases that involve punishments of up to seven years in prison or fines. Munsif’s Courts handle civil cases involving sums not exceeding 20,000, with appeals from these courts lying with the Civil Judge. Additionally, there are Courts of Small Causes, which are presided over by junior magistrates and deal with minor cases, typically involving small monetary disputes. The decisions made by these courts are final and cannot be appealed, ensuring that minor disputes are resolved efficiently.

Q. What are the differences between the Court of the District Judge and the Sessions Court?

Answer: The Court of the District Judge is the highest civil court in a district, presided over by the District Judge, who also handles civil cases related to land, property, and money transactions, as well as arbitration, guardianship, marriage, divorce, and wills. The District Judge often performs administrative roles as Deputy Commissioner and District Collector. In contrast, the Sessions Court is the highest criminal court in the district, presided over by the Sessions Judge. The Sessions Court deals with serious criminal cases like murder, robbery, and theft. Unlike the District Judge, the Sessions Judge does not perform administrative functions and focuses solely on criminal matters. The Sessions Judge and Additional Sessions Judges have the authority to award severe punishments, including life imprisonment and death sentences, which must be confirmed by the High Court.

Q. What are the different types of Lok Adalats and their functions?

Answer: Lok Adalats are classified into three types: National Lok Adalat, Permanent Lok Adalat, and Mobile Lok Adalat. National Lok Adalats are held at regular intervals across the country, dealing with a vast number of cases on a single day. Permanent Lok Adalats are established as permanent bodies to handle disputes related to Public Utility Services and have the authority to decide cases if settlements are not reached. Mobile Lok Adalats travel to different locations, offering legal aid and resolving petty cases, while also spreading legal awareness. Each type plays a crucial role in providing quick and efficient justice, helping reduce the burden on regular courts.

Q. How does the system of Lok Adalats promote social justice?

Answer: Lok Adalats promote social justice by providing legal aid to the weaker sections of society, who might not have the means to engage lawyers or pay for lengthy court procedures. By settling disputes quickly and without the cost of legal fees, Lok Adalats make justice accessible to everyone. They help in resolving family feuds, neighborhood disputes, and minor cases of assault through compromise and mutual understanding, ensuring that both parties are satisfied with the outcome. This system also reduces the backlog of cases in regular courts, enabling them to focus on more serious matters, thus contributing to a more efficient and equitable justice system.

Q. Describe the working process of Lok Adalats.

Answer: Lok Adalats work by bringing the conflicting parties together in an informal setting to discuss their disputes. Judges, law graduates, public workers, or social workers act as conciliators, helping the parties reach a compromise. These Adalats are supported by Legal Aid Committees and Social Action Groups, which provide advice on legal matters and assist in the negotiation process. The goal is to settle disputes amicably without the need for lengthy legal proceedings. Decisions made in Lok Adalats are binding and are equivalent to a decree of a Civil Court, ensuring that the resolution is respected and enforced. The process is designed to be quick, inexpensive, and accessible to all, promoting a spirit of harmony and compromise.

82. What is the significance of the first Lok Adalat held in Junagarh, Gujarat?

Answer: The first Lok Adalat held in Junagarh, Gujarat, on March 14, 1982, marked the beginning of a new approach to dispute resolution in India. This event demonstrated the effectiveness of Lok Adalats in providing quick and amicable settlements to disputes, particularly for those who could not afford the costs of legal proceedings. The success of this first Lok Adalat led to the institutionalization of Lok Adalats through the Legal Services Authorities Act, 1987, which formalized the process and expanded its reach across the country. The significance of this event lies in its role in shaping an accessible and efficient alternative dispute resolution mechanism that has since become an integral part of the Indian legal system.