Students of ICSE Class 10 should refer to The High Courts the Subordinate Courts ICSE Class 10 Questions and answers below which have come in past board exams. You should always go through questions which have come in previous years so that you can understand the pattern of questions in ICSE Class 10 History and prepare accordingly. This will help you to get better marks in ICSE Class 10 Board Exams
ICSE Class 10 The High Courts the Subordinate Courts Questions and Answers
Please refer to solved questions for chapter The High Courts the Subordinate Courts provided below. These questions and answers are expected to come in the examinations. Students should learn these so that they are able to answer the questions properly in exams and get good marks. Refer to Important Questions for ICSE Class 10 History and Civics for all chapters on our website.
The High Courts the Subordinate Courts Questions and Answers
Short Answer Type Questions
(1) How are the Judges of the High Court appointed and by whom ?
Ans. 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 Additonal and Acting judges?
Ans. (i) Additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in 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 office.
(3) State any three instances where the states of India share a common High Court?
Ans. (i) Bombay (Mumbai) – Maharashtra, Dadra & Nagar Haveli and Goa, Daman and Diu
(ii) Calcutta (Kolkata) – West Bengal, Andaman and Nicobar Islands, Chattisgarh
(iii) Guwahati – Assam, Nagaland, Mizoram, Arunachal Pradesh
(4) Where are the benches of the following High Courts located?
(a) Mumbai High Court
(b) Guwahati High Court
Ans. (a) Mumbai High Court – Benches at Nagpur, Panaji and Aurangabad
(b) Guwahati High Court – Benches at Kohima, Aizawl & Itanagar
(5) What is the term of the High Court judge? On what grounds a Hight Court judge impeached?
Ans. Term of office of a Judge is upto the attainment of age of 62 years. He may resign by writing to the President. He can be removed from office for “proved 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.
(6) State the main conditions of service observed for the transfer of a High Court judge.
Ans. The President can transfer any Judge from one High Court to another only if the following conditions are fulfilled :
(i) Orders for transfer can be issued after consulting the Chief Justice of India.
(ii) The Chief Justice of Inda’s recommendation must be made in consultation with four seniormost judges of the Supreme Court,
(iii) 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
(iv) When a judge has been transferred, he shall be entitiled to compensatory allowance in additon to his salary.
(7) Which cases can be moved in the High Court under Original Jurisdiction?
Ans. Original Jurisdiction : The power to hear and decide the cases in the first instance. These include cases of :
(i) Wills, divorce, marriage, Company Law, Contempt of Court.
(ii) Constitutional cases which relate to the interpretation of the Constitution or Judicial Review.
(iii) Issue writs for the enforcement and protection of Fundamental Rights.
(iv) Matters relating to State revenue and its collection.
(v) Cases related to election petitions.
(8) In which civil cases an appeal can be brought to the High Court?
Ans. Appeals can be brought to the High Court against the decision of the concerned District Court:
(i) In matters concerning land revenue, and
(ii) 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.
(9) What is mean by Revisory Jurisdiction?
Ans. 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.
(10) Name the states over which the High Court situated at Chandigarh has jurisdiction.
Ans. The High Court situated at Chandigarh has jurisdiction over Punjab and Haryana and Union Territory of Chandigarh.
(11) By whom is the Chief Justice of a High Court appointed and how is it done?
Ans. 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. Civics 230 ICSE X Robomate+
(12) What are the qualifications of the High Court Judge?
Ans. A High Court Judge :
(i) must be a citizen of India.
(ii) 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.
(iii) He should not be over 62 years of age.
(13) On which ground can a Judge of a High Court be removed?
Ans. 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.
(14) Can the salaries of High Court Judges be altered during their tenure? If so, under what circumstances can it be done?
Ans. The salaries of the High Court Judges can be altered when there is Financial Emergency.
(15) What are provisions with respect to appointment of additional and acting judges in the High Court?
Ans. 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 office.
(16) Mention the writs that can be issued by a High Court.
Ans. 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.
(17) How does a High Court hold legislative and executive organs of the government in check?
Ans. 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.
(18) How does a High Court act as a guardian of the Constitution?
Ans. 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.
(19) To which cases revisory jurisidction of High Court is applied.
Ans. A revisory jurisidction is apllicable in the following cases :
(i) Injustice or an error of law apparent on the face of the record.
(ii) Violation of the principles of natural justice.
(iii) Arbitrary authority leading to wrong judgments.
(iv) Flagrant error in procedure.
(20) In which criminal cases an appeal can be made to the High Court?
Ans. In criminal cases appellate jurisidication consists of appeals :
(i) Against the judgement of a sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven years.
(ii) Against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magestrate or other Judicial Magistrates, where the sentence of imprisonment exceeds four years.
(iii) Against the State, when the order of acquittal is passed by a Sessions Judge.
(iv) A sentence of death must be confirmed by the High Court before it can be carried out.
(21) Describe Appellate Jurisdiction of High Court?
Ans. 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.
(22) Who can seek legal advice from the High Court?
Ans. 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.
(23) State the measures taken to maintained independence of High Court?
Ans. The independence of High Courts is ensured by undertaking the following measures :
(i) Full control over its procedure of work and establishment.
(ii) The High Court can punish a person for contempt of court if its authority is lowered.
(iii) No discussion in the State Legislature on the conduct of High Court Judges.
(iv) Prohibition on practice after retirement for Judges.
(24) What qualifications are required to District Judge?
Ans. In order to be a District Judge or an Additonal District Judge a person should be an advocate of seven year’s standing or an official in the Judicial Service of the Union or the State Public Service Commission.
(25) What is the administrative power of a District Judge?
Ans. Usually, the District Judge also acts as a Deputy Commissioner and District Collector. In that capacity, he maintains law and order as well as supervises the collection of revenue and taxes from the district. Thus, he possesses administrative power in addition to his judicial power.
(26) How are the judges appointed at the District level?
Ans. The District Judge and the Additional District Judge are appointed by the Governor in consultation with the Judges of High Court of the concerned State. Except the District Judge and the Additional District Judge, all other judges are appointed through competitive examinations held by State Public Service Commission.
(27) Mention any three administrative powers of a High Court over Subordinate Court.
Ans. The administrative powers are :
(i) It can send for detailed report on the working of the Subordinate Court.
(ii) It can transfer a District Judge.
(iii) It can frame rules to regulate the proceedings of the subordinate courts.
(28) Is there any type of case over which a High Court has no jurisdiction? OR Name the Tribunal over which the High courts do not have the power of Superintendence.
Ans. The High Court has no power of superintendence over any court or tribunal constituted under any military law.
(29) What is meant by a High Court being a ‘Court of Record’ ?
Ans. 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.
(30) What security is provided to ensure the independence of High Courts?
Ans. (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.
(31) What is the meaning of High Court’s power to punish in case of Contempt of Court ?
Ans. 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.
(32) What is the significance of an independent judiciary in a federal system ?
Ans. An independent Judiciary is siginificant to : i) protect the rights and liberties of the people.
ii) uphold the supremacy of the constitution. iii) give proper and impartial interpretation of the constitution. iv) create a proper balance between the Centre and the States.
v) check the government from taking arbitrary action.
(33) What do you mean by the term ‘Proved’ ?
Ans. The word ‘Proved’ means that an address can only be presented after and allegation has been thoroughly examined by some impartial tribunal.
(34) Mention the hierarchy of Civil Courts in a district.
Ans. The hierarchy of Civil Courts in a district is :
(i) The District Judge .
(ii) The Additional District Judge
(iii) Subordinate Civil Judge (1st Class)
(iv) The Court of Sub-Judge (or Munsif’s Court)
(v) Court of Small Causes.
(35) Mention the administrative control of High Court on the Subordinate Courts.
Ans. The High court judges are deputed to inspect the working of the Subordinate Courts. The Subordinate Courts are supposed to send their periodic reports to the High Court about the disposal of the cases by them in a certain time-frame.
(36) How is the District Judge appointed?
Ans. The District Judge is appointed by the State Governor in consultation with the Chief justice of the High Court.
(37) Which is the highest criminal court in a district? Which type of cases does this Court deal with?
Ans. The highest criminal court is the court of the Session Judge. The Sessions Court deals with cases concering more serious offernces such as robbery, decoity and murder. The Sessions or Addtitonal Sessions Judges alone can award death sentecens or life imprisonment. It is mandatory that a sentence of death must be confirmed by the High Court.
(38) Mention one administrative power of a District Judge.
Ans. The District Judge maintains law and order of the area which is under his administration. He also supervises the collection of revenue and taxes from the district. Thus the district Judge also functions as Deputy Commissioner / Collector.
(39) Name the lowest and the highest Revenue Courts.
Ans. The lowest Revenue Court is the court of Tehsildar. The highest Revenue Court is the Court of Collector.
(40) What do you mean by subordinates court?
Ans. A state is divided into districts for judicial administration. There are Civil and Criminal Courts in every Judicial District; these are under the High Court’s control in their working and administration of justice. That is why these are called the Subordinate Courts.
(41) Name the highest civil court of the district. What type of cases are handled by it?
Ans. The Court of District Judge is the highest civil court of the district. The Civil Courts hear cases of land, property, money transactions, marriage, divorce, will and guardianship.
(42) What type of cases are dealt in the Revenue Courts?
Ans. The Revenue Courts deal with the cases of land records as well as the assessment and collection of land revenue from the farmers. (43) What do you understand by a Lok Adalat? Ans. A Lok Adalat means “People’s Court”. It encourages the settlement of disputes through compromise between two parties. All decisions of the Lok Adalats shall be deemed to be decrees of a Civil Courts and shall be binding on the parties to the dispute.
(44) What are the Advantages of Lok Adalat?
Ans. (i) The Lok Adalats work in the spirit of compromise. This way both the parties feel that they have been treated fairly. (ii) The decisions passed by a Lok Adalat are final and binding on the parties. No appeal lies before any court against its decision.
(iii) A Lok Adalat reduces the workload of other courts.
(iv) A Lok Adalat delivers speedy and inexpensive justice.
(45) Who initiated Lok Adalat?
Ans. Lok Adalat courts were set up on the recommendation of Justice P. N. Bhagwati to encourage the settlement of disputes speedily and through compromise between the parties. The Legal Services Authorities Act 1987 provides that state or district authorities shall organise Lok Adalats from time to the time.
(46) What is scope of Lok Adalat?
Ans. These courts can play an important role in the settlement of family feuds, disputes between the neighbours and minor cases of assault and injury. In Delhi, permanent Lok Adalats have been set up for settlement of all pending disputes concerning Delhi Development Authority.
(47) What are Family Court?
Ans. The Family Courts Act was enacted in 1984 which provides to set up family courts in cities having population more than 10 lakh. The main purpose of these courts is to secure speedy settlement of disputes relating to marriage, family affairs and related matters. All state governments/U.T Administration have been asked to set up one family court in each district of the country.
(48) How does Lok Adalat benefit the weaker sections of the society?
Ans. (i) There is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat.
(ii) One can move Lok Adalat by an application on a plain paper or format available with Legal Services Authorities. There is no strict application of the procedural laws.
(iii) These are helpful for the weaker section as they can not afford the delay or the costs involved on court procedures.
(49) State the Jurisdiction of Session Court?
Ans. The Sessions Court deals with cases concerning serious offences such as robbery, dacoity and murder. The Sessions or Additional Sessions Judge alone can award death sentences or life imprisonment. It is mandatory that a sentence of death must be confirmed by the High Court.
Structured Questions
(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.
Ans. (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 :
(a) He must be a citizen of India.
(b) 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.
(c) 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
Ans. (a) Original Jurisdiction : High Courts have original jurisdiction, that is the power to hear and decide cases at the first instane. It has original jurisdiction in the following cases :
(i) It has original juridiction over matters relating to State revenue and its collection.
(ii) Cases regarding wills, divorce, marriage, company law and comtempt of court may be referred or bought before the High Court directly.
(iii) Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial Review.
(iv) 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.
(v) 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.
Ans. (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.
Ans. 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. 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. 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.
(6) 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
Ans. 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.
(5) Chalk out the distinction between Court of the District Judge and Sessions Court.
Ans.
