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Consider the following statements with reference to High Courts:
1. It can withdraw a case pending in a subordinate court if it involves a substantial question of law that require the interpretation of the Constitution.
2. It has the power to review and correct its own judgement or order or decision .
3. It has the power to adjudicate inter-state dispute matters.
Which of the statements given above is/are correct?
  • a)
    1 and 2 only
  • b)
    1 only
  • c)
    2 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements with reference to High Courts:1. It ...
1. A high court has administrative control and other powers over subordinate courts. These include the following:
  • It is consulted by the governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the state (other than district judges),
  • It deals with the matters of posting, promotion, a grant of leave, transfers, and discipline of the members of the judicial service of the state (other than district judges),
  • It 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 then either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgment. Hence statement 1 is correct.
  • Its law is binding on all subordinate courts functioning within its territorial jurisdiction in the same sense as the law declared by the Supreme Court is binding on all courts in India.
2. As a court of record, a high court also has the power to review and correct its own judgment or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution. Hence statement 2 is correct.
3. Article 131 is the main provision in the constitution regarding center-state/ inter-state disputes. This article confers upon Supreme Court of India exclusive jurisdiction to deal with a dispute involving legal rights; and also disputes: between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more other States on the other; or between two or more States. Hence statement 3 is not correct.
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Most Upvoted Answer
Consider the following statements with reference to High Courts:1. It ...
This question is related to the powers and functions of High Courts. Let's analyze each statement one by one:

1. It can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution.
This statement is correct. High Courts have the power of superintendence over subordinate courts. They can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. This power is derived from Article 227 of the Constitution of India.

2. It has the power to review and correct its own judgment or order or decision.
This statement is also correct. High Courts have the power to review and correct their own judgments, orders, or decisions. This power is derived from Article 226 of the Constitution of India. Under this provision, any person aggrieved by the order, judgment, or decision of a High Court can file a writ petition seeking review or correction.

3. It has the power to adjudicate inter-state dispute matters.
This statement is incorrect. High Courts do not have the power to adjudicate inter-state dispute matters. The power to adjudicate such disputes lies with the Supreme Court of India under Article 131 of the Constitution. The Supreme Court has exclusive jurisdiction in matters between states or between the Union and one or more states.

Therefore, the correct answer is option 'A' - 1 and 2 only.

In conclusion, High Courts have the power to withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. They also have the power to review and correct their own judgments, orders, or decisions. However, they do not have the power to adjudicate inter-state dispute matters.
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Consider the following statements with reference to High Courts:1. It can withdraw a case pending in a subordinate court if it involves a substantial question of law that require the interpretation of the Constitution.2. It has the power to review and correct its own judgement or order or decision .3. It has the power to adjudicate inter-state dispute matters.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?
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