Laxmikanth Test: High Court


10 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: High Court


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QUESTION: 1

Consider the following statements about Appellate jurisdiction of High Court.

1. In civil cases its jurisdiction includes to the orders and judgments of the district courts, additional district courts and other subordinate courts

2. In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions court

Which of these statements is/are correct?

Solution:

It is said that the high court is the primary court of appeal i.e. it has power to hear the appeals against the judgment of the subordinate courts within its territories. This power can be classified into 2 categories-Civil jurisdiction and Criminal jurisdiction In civil cases its jurisdiction includes the orders and judgments of the district courts, additional district courts and other subordinate courts. In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions courts.

QUESTION: 2

Consider the following statements of the power of the Superintendence of the High Court.

1. The High Court has this power over all courts and tribunals including those dealing with the armed forces functioning in the state

2. In the exercise of this power it may May issue general rules and prescribe forms for regulating the practice and proceedings of such courts

Which of these statements is/are correct?

Solution: 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 –

• Call for return from such courts

• May issue general rules and prescribe forms for regulating the practice and proceedings of such courts

• Prescribe the form in which books and accounts are being kept by the officers of any court

• Settle fees payable to the sheriff clerks, officers and legal practitioners

QUESTION: 3

Consider the following statements.

1. The constitution does not place any restriction on this power of superintendence over the subordinate courts

2. It is not only by means of appeal by the person, it can be suo motto

3. It is of the nature of revision as it verifies the earlier judgments

Which of these statements is/are correct?

Solution: 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.

QUESTION: 4

The strength of the High Court depends upon:

Solution: Fixed by the President depending upon the workload.

QUESTION: 5

Which among the following is NOT a requirement to be a judge of the High Court?

Solution: He should be over 40 years of age There is no specification of a minimum age limit for the judge of a high court. A person to be appointed as a judge of a high court, should have the following qualifications

1. He should be a citizen of India.

2. (a) He should have held a judicial office in the territory of India for ten years; or 

(b) He should have been an advocate of a high court (or high courts in succession) for ten years. 

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of a high court. Moreover, unlike in the case of the Supreme Court, the Constitution makes no provision for appointment of a distinguished jurist as a judge of a high court.

QUESTION: 6

Which among the following is/are necessary to provide independence to the High Courts? 
1. Separating them from influence of Executive
2. Giving them authority to appoint their own staff
3. Banning their practice after retirement
4.Giving the court the power to punish for its contempt

Solution:
QUESTION: 7

What does the writ of Prohibition mean?

Solution:

It is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction.

QUESTION: 8

What does the term 'judicial review' mean?

Solution:

It is the authority vested in the hands of the Supreme Court to examine whether some legislative enactments or executive orders of both Central and State governments are following the Constitution of India or not. The judicial review seeks to put checks on the powers of the Executive and Legislature with regards to the principles laid down in the Constitution of India.

 

QUESTION: 9

Which Articles in the Constitution provide regulations for the subordinate courts?

Solution: Articles 233 to 237

QUESTION: 10

The judicial magistrate court decides on cases that are punishable up to:

Solution: 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.

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