The High Courts and The Subordinate Courts

The High Courts and The Subordinate Courts Questions and Answers : 

Part A: Very Short Answer Type Questions

Part B: Short Answer Type Questions

Part C: Structured Questions

Part A: Very Short Answer Type Questions

Question 1 : What is the Appellate Jurisdiction in the High Court?

Answer : Appellate Jurisdiction of the High Court is related to cases whose appeal is over the decision of the subordinate courts. The High Court also hears cases of appeal on tribunal decisions.

Question 2 : State one point of distinction between the District Judge and the Sessions Judge.

Answer : A District Judge hears cases related to civil matter whereas a Sessions Judge decides cases related to criminal matters.

Question 3 : Which is the Highest Criminal Court in the district?

Answer : The Sessions Court is the highest Criminal Court in the district.

Question 4 : How does the High Court protect the Fundamental Rights of individuals?

Answer : High Court can protect the Fundamental Rights of individuals by issuing writs against the authority violating it.

Question 5 : What is meant by Original Jurisdiction of the High Court?

Answer : Original Jurisdiction of High Court extends to cases relating to will, marriage admirality. These types of cases can be taken to High Court at first instance.

Question 6 : Who administers the oath of office to the High Court Judges?

Answer : The Governor of State administers the oath of office to the Judges of the High Court.

Question 7 : Mention one reason why the system of Lok Adalat has become popular.

Answer : The reason why the system of Lok Adalat has become popular is the quicker and inexpensive justice.

Question 8 : Mention three types of courts that a district usually has.

Answer : A district usually has three types of courts. These are :

Civil Courts

Criminal Courts

Courts of Revenue

Question 9 : What is understood by the Revisory Jurisdiction of the High Court?

Answer : The High Court can call for the records of a case which has been decided by a Subordinate Court. This is done, if the High Court feels that the Subordinate Court has not followed proper procedure.

Question 10 : Name the writ issued by the High Court which provides a remedy for a person, who has been unlawfully detained in prison?

Answer : In such a case the High Court can issue the writ of Habeas Corpus against the authority/person who violated the Fundamental Rights of the person.

Question 11 : Name the highest Court dealing with Civil Cases at the District level.

Answer : The highest Civil Court at the District level is the Court of District Judge.

Question 12 : What is meant by the term every High Court is a court of record?

Answer : As a court of record, every High Court judgement and orders are preserved as a record and if a person commits a contempt, the court has the right to punish him/her.

Question 13 : What is meant by Lok Adalat?

Answer : Lok Adalat means people’s court, which settles the disputes in a spirit of harmony and compromise.

Part B: Short Answer Type Questions

Question 14 : What is meant by the term every High Court is a court of record?

Answer : As a court of record, every High Court judgement and orders are preserved as a record and if a person commits a contempt, the court has the right to punish him/her.

Question 15 : What is meant by Lok Adalat?

Answer : Lok Adalat means people’s court, which settles the disputes in a spirit of harmony and compromise.

Question 16 : State the composition of the High Court. State the qualifications required to become a High Court Judge.

Answer : Each High Court consists of a Chief Justice appointed by the President and other Judges are appointed by the President from time to time.

The qualifications required for appointment of a Judge of High Court are as follows:

He/She should be a citizen of India.

He/She has held a judicial office in the Territory of India for at least 10 years.

Or,

He/She has been an advocate of a High Court for at least 10 years.

Question 17 : State any three advantages of the Lok Adalat.

Answer : Three advantages of the Lok Adalat are as follows:

Lok Adalats work on the spirit of compromise and understanding. As a result both the parties feel satisfied.

Lok Adalats deliver fast and inexpensive justice.

Lok Adalats reduce the workload of other courts.

Question 20 : State the term of office of the Judges of the High Court. Explain when and how the Judges can be removed from office.

Answer : The Judges of the High Court are ensured with the security of tenure by the Constitution. A Judge of the High Court can remain in the office till he attains the age of 62 years.

The Judges of High Court can be removed in the same manner as of Judges of Supreme Court. The Judge of the High Court can be removed by Presidential order. The President can issue such orders only when he receives a resolution passed by the Parliament by a special majority. The Judge of the High Court can only be removed on the grounds of ‘proved misbehavior or incapacity.’

Part C: Structured Questions

Question 21 : Explain any four conditions of service of a Judge of a High Court.

Answer : Service conditions of the Judges of the High Courts ensure that the High Courts are independent in carrying out their work.These are:

A Judge of a High Court can remain in office till he attains the age of 62 years.

The salaries and emoluments of the Judges are charged on the Consolidated Fund of the State and cannot be changed to their disadvantage during the period of their service except during the period of a Financial Emergency.

After the retirement of a judge, who has worked as a permanent Judge of the High Court, is prohibited from practising in other courts or judicial tribunals expect the High Courts, where he has not served as a Judge or in the Supreme Court.

The transfer of the judge from one High Court to another can be done by the President only after certain conditions are fulfilled.