ICSE Solutions and Questions Answers for The High Court (State Judiciary) Class 10 Civics
We are going to learn the ICSE Solutions of fifth chapter of the Civics textbook of Class 10. The name of the chapter is The High Court (The State Judiciary). All types of questions including very short answer type, short answer type, structured questions and questions based on picture perception has been provided. This ICSE solutions for The High Court (The State Judiciary) will help the students in learning the chapter outcome.
| Name of the chapter | The High Court (The State Judiciary) |
| Subject | History and Civics |
| Topics covered |
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| Related Readings |
Very Short Questions
1. How many High Courts are there in India?
Answer
There are 24 High Courts in India at present.
2. Name the Union Territory which has a High Court of its own.
Answer
Delhi has a High Court of its own.
3. What is the nature of relationship of all the High Courts with the Supreme Court?
Answer
All the High Courts are directly under the Supreme Court, since all of them are a part of a single Judiciary.
4. Who determines the strength of the Judges of a High Court?
Answer
The President determines the strength of the Judges of a High Court.
5. What is the number of the Judges in a High Court?
Answer
There is no fixed number of Judges for a High Court.
6. How many Judges can the President appoint?
Answer
The President may appoint as many Judges as he deems necessary.
7. Who appoints the Chief Justice of a High Court?
Answer
The President appoints the Chief Justice of a High Court on the advice of the Chief Justice of the Supreme Court and the Governor of the concerned State.
8. How are the other Judges of a High Court appointed?
Answer
The other Judges of a High Court are appointed by the President of India after consultation with the Chief Justice of the High Court and the Governor of the State concerned.
9. State one other qualification required to become a judge of the High Court, apart from Indian Citizenship.
Answer
He should not be over 62 years and he should have held a judicial office in the territory of India for at least ten years.
10. Can a Senior Advocate of a High Court become a Judge of a High Court?
Answer
Yes, a Senior Advocate of a High Court can become a Judge of a High Court if he has worked in a High Court in India continuously for a period of ten years.
11. What is the age of retirement of a Judge in a High Court?
Answer
The Judge of a High Court retires at the age of 62 years.
12. Who administers an Oath of Office to the Chief Justice and the Judges of a High Court?
Answer
The Governor administers the Oath of Office to the Chief Justice and the Judges of a High Court.
13. How are the salaries of the Judges of a High Court charged?
Answer
The salaries of the Judges of a High Court are charged on the Consolidated Fund of the State.
14. Who determines the pension, leave, etc., of the Judges of a High Court?
Answer
The Parliament determines the pension, leave, etc., of the Judges of a High Court.
15. Where is the seat of Rajasthan High Court?
Answer
The seat of the Rajasthan High Court is at Jodhpur and bench at Jaipur.
16. Where are the benches of the following High Courts located?
(a) Mumbai High Court
(b) Guwahati High Court
Answer
(a) Mumbai High Court - Benches at Nagpur, Panaji and Aurangabad
(b) Guwahati High Court - Benches at Kohima. Aizawl & Itanagar
17. What is mean by Revisory Jurisdiction?
Answer
The High Court may send for the record of any case, decided by a Subordinate Court. This is done if the High Court feels that the Subordinate Court had no jurisdiction to try that case or it has not followed proper procedures. The revisory jurisdiction can be exercised only in exceptional cases where the interest of public justice requires interference.
18. Name the states over which the High Court situated at Chandigarh has Jurisdiction.
Answer
The High Court situated at Chandigarh has jurisdiction over Punjab and Haryana and Union Territory of Chandigarh.
19. By whom is the Chief Justice of a High Court appointed and how is it done?
Answer
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 State.
20. Can the salaries of High Court Judges be altered during their tenure? If so, under what circumstances can it are done?
Answer
The salaries of the High Court Judges can be altered when there is Financial Emergency.
21. Mention the writs that can be issued by a High Court.
Answer
The writs that can be issued by a High Court are: Writ of Habeas Corpus, Writ of Mandamus. Writ of Prohibition. Writ of Certiorari. Writ of Quo-Warranto.
22. How does a High Court hold legislative and executive organs of the government in check?
Answer
If a High Court finds any law, executive order or any ordinance to be inconsistent with the provisions of the Constitution, it can declare it null and void.
23. How does a High Court act as a guardian of the Constitution?
Answer
The High Court judges the constitutionality of State laws. If a law is found to be contrary to the Constitution, it can declare the law invalid. Such a law becomes Inoperative. This way a High Court acts as the guardian of the Constitution.
24. Describe Appellate Jurisdiction of High Court?
Answer
Appellate Jurisdiction of High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters.
25. Who can seek legal advice from the High Court?
Answer
The High Courts can advise any government department, legislature or the Governor, if they seek it on constitutional as well as on other matters of law. Their advice is not binding on the agency seeking such advice.
26. What is the meaning of High Court's power to punish in case of Contempt of Court?
Answer
If a person does not obey the orders of court or doesn't behave properly before the court, then a High Court has the power to punish that person for Contempt of Court.
27. What do you mean by the term ‘Proved’?
Answer
The word 'Proved' means that an address can only be presented after and allegation has been thoroughly examined by some impartial tribunal.
Short Answer Type
1. How are the Judges of the High Court appointed and by whom?
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
2. What is the provision for appointment of Additional and Acting Judges?
Answer
- Additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in High Court.
- 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 office.
3. State any three instances where the states of India share a common High Court?
Answer
(i) Bombay (Mumbai) -Maharashtra, Dadra & Nagar Haveli and Goa, Daman and Goa.
(ii) Calcutta (Kolkata) -West Bengal, Andaman and Nicobar Islands, Chhattisgarh
(iii) Guwahati - Assam, Nagaland, Mizoram, Arunachal Pradesh
4. What is the term of the High Court Judge? On what grounds a Height Court Judge impeached?
Answer
Term of office of a Judge is up to the attainment of age of 62 years. He may resign by writing to the President. He can be removed from office for improved misbehaviour or incapacity' by the President, after an impeachment resolution is passed by both Houses of the Parliament by two-thirds majority of those present and voting.
5. State the main conditions of service observed for the transfer of a High Court judge.
Answer
The President can transfer any Judge from one High Court to another only if the following conditions are fulfilled:
- Orders for transfer can be issued after consulting the Chief Justice of India.
- The Chief Justice of India’s recommendation must be made in consultation with four senior most judges of the Supreme Court,
- The views of the Chief Justices of the High Courts - one from which the transfer is taking place and another to which the transfer is to be effected must also be obtained, and
- When a judge has been transferred, he shall be entitled to compensatory allowance in addition to his salary.
6. Which cases can be moved In the High Court under Original Jurisdiction?
Answer
Original Jurisdiction: The power to hear and decide the cases in the first instance. These include cases of:
- Wills, divorce, marriage, Company Law, Contempt of Court.
- Constitutional cases which relate to the interpretation of the Constitution or Judicial Review.
- Issue writs for the enforcement and protection of Fundamental Rights.
- Matters relating to State revenue and its collection.
- Cases related to election petitions.
7. In which civil cases an appeal can be brought to the High Court?
Answer
Appeals can be brought to the High Court against the decision of the concerned District Court:
- In matters concerning land revenue, and
- In cases where a blatant injustice has been committed by any Tribunal. In such cases, the High Court may quash the order of the Tribunals.
8. What are the qualifications of the High Court Judge?
Answer
A High Court Judge:
- must be a citizen of India.
- must have held a judicial office for not less than ten years in India or should have been an advocate of High Court for ten years.
- He should not be over 62 years of age.
9. On which Mound can a Judge of a High Court be removed?
Answer
Judge of a High Court can be removed for proven misbehaviour or incapacity, on an address of each house of the parliament. Such an address (request) should be supported by a majority of the total membership of the house and by two-thirds of the members present and voting.
10. What arc provisions with respect to appointment of additional and acting judges in the High Court?
Answer
The President has the power to appoint:
- additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in a High Court;
- 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 office.
11. To which cases revisory Jurisdiction of High Court is applied.
Answer
A revisory jurisdiction is applicable in the following cases:
- Injustice or an error of law apparent on the face of the record.
- Violation of the principles of natural justice.
- Arbitrary authority leading to wrong judgments.
- Flagrant error in procedure.
12. In which criminal cases an appeal can be made to the High Court?
Answer
In criminal cases appellate jurisdiction consists of appeals:
- Against the judgement of a sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
- Against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
- Against the State, when the order of acquittal is passed by a Sessions Judge.
- A sentence of death must be confirmed by the High Court before it can be carried out.
13. State the measures taken to maintain Independence of High Court?
Answer
The independence of High Courts is ensured by undertaking the following measures:
- Pull control over its procedure of work and establishment.
- The High Court can punish a person for contempt of court if its authority is lowered.
- No discussion in the State Legislature on the conduct of High Court Judges.
- Prohibition on practice after retirement for Judges.
14. Is there any type of case over which a High Court has no Jurisdiction?
OR
Stunt the Tribunal over which the High courts do not have the power of Superintendence.
Answer
The High Court has no power of superintendence over any court or tribunal constituted under any military law.
15. What is meant by a High Court being a 'Court of Record'?
Answer
Judgment and orders of High court 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 subordinates 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.
16. Whet security is provided to ensure the independence of High Courts?
Answer
(i) A judge can remain in office till he has attained the age of 62 years and can be removed only by impeachment.
(ii) Judges are given high salaries which cannot be reduced except during financial emergency.
17. What is the significance of an Independent judiciary in a federal system?
Answer
An independent Judiciary is significant to:
- protect the rights and liberties of the people.
- uphold the supremacy of the constitution.
- give proper and impartial interpretation of the constitution.
- create a proper balance between the Centre and the States.
- check the government from taking arbitrary action.
18. Name the States which are served by the Guwahati High Court.
OR
Name the High Court which has jurisdiction over several States? Also mention the name of such States.
Answer
Guwahati High Court has the jurisdiction over four States. They are:
(i) Arunachal Pradesh
(ii) Assam
(iii) Mizoram
(iv) Nagaland
19. How are the Judges of a High Court appointed?
Answer
The Chief Justice of High Court is appointed by the President under his own hand and seal while appointing the Chief Justice, the President consults the Chief Justice of the Supreme Court and the Governor of the State concerned. In case of the appointment of other judges, the President consults the Chief Justice of the concerned High Court also.
20. What is the 'Appellate Jurisdiction' of the High Court?
Answer
In the 'Appellate Jurisdiction' the High Court takes up both civil and criminal cases. It also extends to take up civil cases tried by District Judge and criminal cases decided by Sessions or Additional Sessions Judges.
21. What is 'Revisional Jurisdiction'?
Answer
The High Court may call for the record of any case which has been decided by a subordinate court, if a High Court is of the opinion that a case pending in a court, involves a substantial question of law as to the interpretation of the Constitution and the determination of which is necessary for the disposal of the case.
22. State the term of office of the Judges of the High Court. Explain when and how the Judges can be removed from office.
Answer
A Judge of a High Court shall hold office until he attains the age of sixty-two or they themselves resign their office. Neither an additional nor an acting Judge can hold office beyond the age of sixty-two years. A Judge of High Court cannot be removed from office except by an order of the President on the grounds of proved misbehaviour or incapacity. Such an order is passed after an address by each House of Parliament supported by a majority of the total membership of that house and by a majority of not less than two - thirds of the members of the House present and voting for such a removal.
23. Mention three cases in which the High Court enjoys Original Jurisdiction.
Answer
The Original Jurisdiction extends to those cases which the High Court has the authority to hear and decide in the first instance.
- The cases regarding Wills, Divorce, Marriage Admiralty, Company Law and Contempt of Court can be taken up by the High Court directly.
- The cases involving the violation of Fundamental Rights and other rights can be directly initiated in the High Courts. The High Court has the power to issue various Writs for the enforcement of these rights.
- The Constitutional cases could be taken up under the Original Jurisdiction of the High Court. Every High Court has the power to interpret the Constitution. This is known as the power of Judicial Review.
24. 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:
(i) Power to issue Writs
(ii) Court of Record.
Answer
(i) Power to issue Orders or Writs: All the High Courts have the power to issue Writs to a person or an official. The Writs comprise the writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. These Writs are issued to protect the Fundamental Rights or for any other purpose.
(ii) The Court of Record: All the proceedings and decisions of the High Court are kept as records for future references. The Subordinate Courts of the High Court itself decide similar cases in future in the light of the judgments passed by the High Courts of different States.
Long Answer Type
1. With reference to the Judiciary:
(a) (i) Explain the composition of a High Court,
(ii) State the qualifications required to become a judge In the High Court.
(b) State the term of office of the Judges of the High Court. Explain when and how the Judges can be removed from office.
Answer
(a) (i) Organization and Composition: The number of Judges in a High Court is not fixed. It varies from one High Court to another. A High Court has a Chief Justice and such other Judges, as the President of India may appoint from time to time. Additional and Acting Judges: When work load in a High Court increases, the President may appoint an Additional Judge for two years. The President may also appoint a duly qualified person as an Acting Judge to work in place of a Judge who is unable to perform his duty due to ill health or leave. Similarly, the President can appoint a Senior Judge of the High Court as Acting Chief Justice, if the regular Chief Justice is unwell.
(ii) A High Court Judge must possess the following qualifications:
- He must be a citizen of India.
- He must have held judicial office for not less than ten years in India or should be an advocate of the High Court for ten years.
- He should be less than 62 years:
(b) (i) Tenure: A Judge of a High Court shall hold the office until he attains the age of 62 years. Conditions of Service: The Judge can be removed from office for 'proven misbehaviour and incapacity" by the President.
(ii) For removal an address is passed in each House of the Parliament, supported by a simple majority of the total strength of a House, and by a two-thirds majority of those present and voting in both the Houses. It is then presented to the President. This procedure is called the impeachment of a Judge.
(iii) The President may also transfer a Judge from one High Court to another after consulting the Chief Justice of the Supreme Court who consults four of his senior colleagues.
2. In the light of powers and functions of a High Court, discuss the following:
(a) Original Jurisdiction.
(b) Appellate Jurisdiction.
(i) Civil cases
(ii) Criminal cases
Answer
(a) Original Jurisdiction: High Courts have original jurisdiction that is the power to hear and decide cases at the first instance. It has original jurisdiction in the following cases:
- It has original jurisdiction over matters relating to State revenue and its collection.
- Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or bought before the High Court directly.
- Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial Review.
- Along with the Supreme Court, it enjoys original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution. It can also issue writs for the enforcement of Fundamental Rights.
- The High Court has Original jurisdiction in cases such as, election petitions challenging the election of the Members of Parliament or a member of the State Legislative Assembly or other local bodies.
(b) Appellate Jurisdiction: Appellate Jurisdiction of High Court means that the High Court has the power to accept appeals against the decisions of District Courts, in civil as well as criminal matters.
(i) Civil Cases: Only those civil cases which are decided by the District Courts under the jurisdiction of the High Court concerned can be brought to the High Court by an appeal. Appeals can be brought to the High Court:
- in matters concerning land revenue, and
- in cases where a blatant injustice has been committed by any Tribunal. In such cases, the High Court may quash the order of the Tribunals.
(ii) Criminal Cases: In criminal cases appellate jurisdiction consists of appeals:
- Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
- Against the judgement of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
- Against the State, when the order of acquittal is passed by Sessions Judge.
- A sentence of death must be confirmed by the High Court before it can be carried out.
3. With reference to a High Court's powers of issuing writs, discuss the meaning of the following;
(a) Writ of Habeas Corpus.
(b) Writ of Prohibition.
(c) Writ of Quo'warranto.
(d) Writ of Mandamus.
(e) Writ of Certiorari.
Answer
(a) Habeas Corpus: It means to have the body. By issuing such a writ. The High Court or the Supreme court can get the body of any person released if it has been unlawfully detained by any person or a group of persons or by the State. This writ is, thus, a great safeguard for the personal freedom of a citizen.
(b) Writ of Prohibition: The Writ of Prohibition is an order issued by a superior court to a lower court to stop proceedings in a case which might be in excess of the jurisdiction of the lower court.
(c) Quo-warranto: It means 'by what order'. It is issued when a person has usurped any office. This writ thus prevents public officers from forcibly or wrongly holding a high public office.
(d) Mandamus: In Latin, it means 'we order'. It is a command or an order from a Superior Court to a lower court or an administrative authority to perform certain duty.
(e) Writ of Certiorari: This writ is issued by a superior court to a judicial authority desiring to be informed of what is going on: Though it appears similar to the Writ of Prohibition, there is a difference. Writ of Prohibition is issued when certain proceedings are going on. The Writ of Certiorari is issued after the order has already been passed by the Lower Court.
4. With reference to the powers and functions of a High Court, discuss:
(a) Advisory Jurisdiction.
(b) Revisory Jurisdiction.
(c) Judicial Review.
Answer
(a) Advisory Jurisdiction: The High Courts can advise any government department, legislature or the Governor, if they seek it, on constitutional as well as on other matters of law. Their advice is not binding on the agency seeking such advice.
(b) Revisory Jurisdiction: 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. This is known as the Revisory Jurisdiction of the High Court.
A revisory Jurisdiction is applicable in the following cases:
- Injustice or an error of law apparent on the face of the record.
- Violation of the principles of natural justice.
- Arbitrary authority leading to wrong judgements.
- Flagrant error in procedure.
(c) Judicial Review: Like the Supreme Court, the High Court has 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 may withdraw a constitutional case from a Subordinate Court and deal with it or send it back with its directions.
5. State the provisions to ensure the independence of judiciary:
(a) Appointment of the Judges
(b) Security of Tenure
(c) Salaries, etc. are charged on the Consolidated Fund of the State
(d) Punishment for Contempt of Court
(e) Prohibition of Practice after Retirement
(f) Transfer of Judges In other States
Answer
The following provisions ensure the independence of judiciary:
(a) Appointment of the Judges: The judges of the Supreme Court and the High Courts are appointed by the President on the basis of their fulfilling the qualifications laid down in the Constitution for the purpose.
(b) Security of Tenure: A judge of the High Court holds his office till he has attained the age of 62 years. He can be removed by the President on the ground of "proved misbehaviour or incapacity on an address of each House of Parliament.
(c) Salaries, etc. are charged on the Consolidated Fund of the State: The salaries of the Judges cannot be reduced except during a period of financial emergency.
(d) Punishment for Contempt of Court: Article-I21 of our Constitution prohibits the criticism of the decision and proceedings of the Supreme Court and High Courts by the Parliament or by the State Legislature. Anybody guilty of criticism of court can be tried for Contempt of Court.
(e) Prohibition of Practice after Retirement: A retired judge can practice only in the Supreme Court or in those High Courts where he has not worked as a judge so as to safeguard the dignity of the judges.
(f) Transfer of Judges in Other States: The President in consultation with the Chief Justice of a Supreme Court, can transfer a judge from one High Court to another. The Chief Justice of India must consult four senior most judges of the Supreme Court in this matter. The transfer of judges can be made only in the 'Public Interest' and not in order to punish them.
6. Explain the composition of a High Court. State the qualifications required to become a Judge in the High Court.
Answer
The Constitution provides for a High Court for each State. Parliament may, however, establish a common High Court for two or more States/Union Territories. This depends on the area and the population to which a High Court has to serve and the amount of work it has to handle.
Composition: 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:
- Additional Judges for a temporary period not exceeding two years, for the clearance of arrears of work in a High Court;
- 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 office.
Qualifications: According to the Constitution, a person shall be qualified to be appointed as a Judge of a High Court under the following conditions:
- He should be a citizen of India.
- He should not be over 62 years.
- He has held a judicial office in the territory of India for at least ten years. OR He has been an advocate of a High Court for at least ten years.
7. Explain any four conditions of service of a Judge of a High Court.
Answer
The conditions of service of the judges are as follows:
(i) Every Judge of a High Court shall hold office until he attains the age of 62 years. He may resign from his office at anytime by submitting his resignation to the President.
(ii) After retirement, a Judge of the High Court can plead only in the Supreme Court. He can't do the legal practice in the same high court or lower courts or indicial tribunals.
(iii) The allowances and pension of a Judge of High Court can not be varied to his disadvantage after this appointment.
(iv) He can be removed from office by the President on the ground of proven misbehaviour or incapacity.
8. In the context of the High Court, discuss the power of superintendence.
Answer
Power of Superintendence: The High Court enjoys the power of Superintendent over all Courts within its territorial jurisdiction. In this regard, the High Court exercises the following powers:
(i) Detailed report as the working of the Courts can be called for.
(ii) Rules can be formed for regulating the practice and proceeding of the Courts.
(iii) The appointment, posting and promotion of District Judges shall be made by the Governor in consultation with the High Court.
(iv) The High Court can prescribe form in which book, entries and account shall be kept by the Court.
9. Under which jurisdiction can a High Court accept an appeal against the decision of the district court?
Answer
Under Appellate Judgement (both civil and criminal) the High Court can accept appeal against the decisions of the lower courts. In civil cases the High Court hears the appeal against the decisions of District Judges. In Criminal cases Appellate jurisdiction consists of appeals:
(i) Against the judgment of a Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
(ii) Against the judgments of Assistant Sessions Judge, the Chief Metropolitan Magistrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years. Also, the High Courts have the following powers with respect to appeals:
- A sentence of death must be confirmed by the High Court before it can be carried out; and
- Appeals by the State also lie to the High Court, when the order of acquittal is passed by a Sessions judge.