Tag: the state judiciary : the high courts

Questions Related to the state judiciary : the high courts

Which of the following statements regarding Judiciary in India are correct?
I. Supreme Court of India is free from the control and influence of Legislature and Executive.
II. Subordinate courts are at the head of the judicial hierarchy of the State.
III. The Chief Justice and other Judges of the High Court are appointed by the Governor in consultation with the Chief Justice of India.
IV. A High Court can withdraw a case from a subordinate court and can deal with the case itself if it is satisfied that the case involves a substantial point of constitutional law.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. I and II

  2. I and III

  3. I and IV

  4. II, III and IV

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Correct Option: C
Explanation:
The Indian Constitution has adopted Single, Integrated and Independent Judiciary. Article 50 of the Constitution of India provides for separation of Judiciary from the Executive. The Constitution has made provisions ensuring the independence of the Supreme Court and High Courts.
Article 228 of the Constitution of India says that the High Court can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. It can either dispose of the case itself or determine the question of law and return it to subordinate court.

Pre-constitution __________ decisions are binding on the __________ unless overruled by the _________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. Supreme Court; Privy Council; High Court

  2. High Court; Privy Council; Supreme Court

  3. Privy Council; High Court; Supreme Court

  4. High Court; Supreme Court; Privy Council

Show answer
Correct Option: C
Explanation:

The Privy Council was the highest appellate authority of British India for matters arising out of the ordinary law. After the post-independence, the Privy Council was abolished. The Indian constituent assembly passed the abolition of Privy Council Jurisdiction Act 1949 to abolish the jurisdiction of Privy Council in respect of appeals from India and also to provide for pending appeals.  The Supreme court has inherited the jurisdiction of the Privy Council after its abolition. The jurisdiction of the Supreme court under the present constitution is much more extensive than that of the Federal Court and the Privy Council. The Supreme Court is a court of record and can review its own decision. Pre-Constitution Privy Council decisions are binding on the High Court unless it is overruled by the Supreme Court. Supreme Court has the power to overrule the Privy Council decisions and after overruling the decision and not binding.

At present, there are ________ High Courts in India.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. 21

  2. 20

  3. 18

  4. 25

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Correct Option: D

The age of retirement of the Judges of the High Court is ___________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. 62 years

  2. 65 years

  3. 58 years

  4. 60 years

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Correct Option: A
Explanation:

The Judges of High court are appointed by the President. The Constitution has not fixed the tenure of a judge of a High Court. The judge of a High Court holds office until he attains the age of 62 years.

A civil case becomes a fit case for appeal to the Supreme Court if ________________________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. it involves a point of Constitutional law

  2. the High Court certifies that it involves a point of law and needs interpretation of the Constitution

  3. it involves a sum of money over Rs. 10,000

  4. the case had come to the High Court under an appeal from a subordinate court

Show answer
Correct Option: B
Explanation:
The Supreme Court most importantly is a court of appeal and hears appeals against the judgment of the lower court. Article 133 of the Constitution provide for an appeal to the supreme court from the judgment of High Court in civil matters.
The appeal lies when High Court certifies that:
1) the case involves a substantial (material) question of law ;
2) the question needs to be decided by the Supreme Court.

The Chief Justice and other Judges of the High Court are appointed by the ___________________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. President

  2. Chief Justice of the Supreme Court

  3. Governor of the concerned state

  4. Chief Minister of the concerned State

Show answer
Correct Option: A
Explanation:

The Chief Justice of High Court is appointed by the President after Consultation with the Chief Justice of India and the Governor of the State Concerned. In the appointment of other judges, the Chief Justice of concerned High Court is also consulted.

Which of the following is not a power of the High Court?

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. Supervision over all courts under its jurisdiction

  2. Jurisdiction over revenue matters

  3. Supervision over tribunals constituted by law relating to the armed forces

  4. Issue writs for enforcement of fundamental rights or for any other purpose

Show answer
Correct Option: C
Explanation:

Under Article 227 it is specifically provided that the High Court has the power of superintendence over all the courts and tribunals throughout its jurisdictional territory, except military tribunals.

When can the salaries of High Court judges be reduced?

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. If Parliament decrees it by two-thirds majority

  2. During a Financial Emergency

  3. If the State Legislature passes a law to the effect

  4. At no time

Show answer
Correct Option: B
Explanation:

Article 360 provides for the imposition of Financial emergency if the President is satisfied that the situation has arisen where the financial stability or the credit of India is in danger. The effect of this emergency can reduce the salary of public servants including the judges of Supreme Court and High Court. 

A High Court consists of a Chief Justice and __________________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. at least 5 other judges

  2. such other judges as specified in the Constitution

  3. such other judges as determined by Parliament

  4. such other judges as determined by the President

Show answer
Correct Option: D
Explanation:

The Constitution if India provides that every State shall have a High Court operating within its territorial jurisdiction. The composition if the High Courts is that every High Court shall consists of a Chief Justice and such other judges as the President of India may from time to time appoint.

The oath to a High Court Judge is administrated by the ______________.

legal studies the state judiciary : the high courts high court judiciary of the state the high courts

  1. Chief Justice of India

  2. Chief Justice of that High Court

  3. Governor

  4. President

Show answer
Correct Option: C
Explanation:

The High Court judges are appointed by President with the consultation of Chief Justice of India and Governor of the concerned state. Article 219 specifically provides that every person who is appointed to be a judge of High Court shall before entering upon his office make and subscribe before the Governor of the concerned State or some other person appointed in that behalf by him, an oath or affirmation.