All questions of High Court for BPSC (Bihar) Exam

Explanation:

Judicial review is a process of reviewing the actions or decisions of the legislative, executive or administrative branch of the government by the judiciary. It is an important aspect of any democratic government that helps to maintain the balance of power between different branches of the government. The term judicial review is not explicitly mentioned in the Indian Constitution but it is an implied power of the Supreme Court of India under Article 32 and Article 226.

Authority of Supreme Court:

The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The Constitution empowers the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both Central and State governments.

Constitutionality:

The Supreme Court examines whether the legislation or executive order is in conformity with the provisions of the Constitution or not. If the legislation or executive order is found to be inconsistent with the Constitution, the Supreme Court may declare it as unconstitutional and void.

Scope of Judicial Review:

The scope of judicial review in India is wide and includes the following:

• Examining the constitutionality of laws


• Examining the constitutionality of executive orders


• Examining the constitutionality of administrative decisions


• Examining the constitutionality of actions of statutory bodies


• Examining the constitutionality of actions of private bodies that have public functions

Conclusion:

Judicial review is an essential component of any democratic government. It helps in maintaining the balance of power between different branches of the government. The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The scope of judicial review in India is wide and includes a range of actions and decisions.

The constitution does not place any restriction on this power of superintendence over the subordinate courts, it is not only by means of appeal by the person, it can be suo motto. It is of the nature of revision as it verifies the earlier judgments. In this regard it is considered as a special function as the Supreme Court has no similar power vis a vis the High Court.

It is issued by a higher court to a lower court to prohibit exceeding its jurisdiction that it is not supposed to possess. Or the Higher court directs a lower court from doing an activity which is beyond its jurisdiction

Appellate jurisdiction refers to the authority of a higher court to review and revise decisions made by lower courts. In the case of High Courts in India, they have appellate jurisdiction over both civil and criminal cases.

1. Appellate jurisdiction in civil cases:
- The first statement is correct. The High Court has the authority to hear appeals against the orders and judgments of the district courts, additional district courts, and other subordinate courts in civil cases.
- This means that if a party is dissatisfied with the decision of a lower court in a civil case, they can appeal to the High Court to review and potentially overturn the decision.

2. Appellate jurisdiction in criminal cases:
- The second statement is also correct. The High Court has the authority to hear appeals against judgments relating to sessions courts and additional sessions courts in criminal cases.
- This means that if a person is convicted or acquitted by a sessions court or an additional sessions court and they believe that there was an error in the judgment, they can appeal to the High Court to review the decision.

Therefore, both statements are correct, and the correct answer is option 'C' - Both 1 and 2.

Appellate jurisdiction of High Courts is an important aspect of the Indian judicial system as it ensures that there is a mechanism for reviewing and correcting errors made by lower courts. It provides an opportunity for parties to seek justice and ensure that their cases are heard fairly. The High Court plays a crucial role in maintaining the rule of law and upholding the principles of justice in civil and criminal cases.

The judicial magistrate court is at the lowest in the hierarchy of criminal courts. Above it there is the Chief Judicial Magistrate Court, and above that is the Session Judge's court, and the topmost authority at the district level is the High Court.

The High Court has this power over all courts and tribunals except those dealing with the armed forces functioning in the state. Hence in the exercise of this power it may –

D

The strength of the High Court is determined by the President, depending upon the workload. This means that the President has the authority to decide the number of judges that will be appointed to a particular High Court based on the volume of cases and workload that the court has to handle. Let's further explain this answer in detail:

1. Role of the High Court:
The High Court is the highest court within a state's judicial system. It has the power of superintendence over all courts and tribunals within its jurisdiction. The High Court is responsible for ensuring the proper administration of justice and the protection of fundamental rights.

2. Determining the strength of the High Court:
The strength of the High Court refers to the number of judges appointed to serve on the court. The number of judges is crucial to ensure the efficient functioning of the court and the timely disposal of cases.

3. Workload as a determining factor:
The workload of a High Court plays a significant role in determining its strength. The workload of a court can vary based on factors such as the population size of the state, the number of pending cases, and the complexity of legal issues being dealt with.

4. President's authority:
As per the Constitution of India, the President has the authority to determine the strength of the High Court. This authority is exercised based on the recommendations of the Chief Justice of India, who consults with the Chief Justice of the concerned High Court and takes into account the workload of the court.

5. Importance of workload assessment:
Assessing the workload is essential to ensure that the High Court has an adequate number of judges to handle the cases efficiently. If the court is burdened with a large number of pending cases and a high workload, it may require more judges to expedite the disposal of cases and provide timely justice to the litigants.

6. Balancing factors to determine strength:
While workload is a key factor, other considerations may also come into play when determining the strength of the High Court. These may include the availability of infrastructure, the number of pending vacancies, and the need for specialized benches to deal with specific areas of law.

In conclusion, the strength of the High Court is decided by the President, taking into account the workload of the court. This ensures that the High Court has an appropriate number of judges to handle the cases efficiently and provide timely justice.