Morning Star Textbook Solutions: The High Courts and Subordinate Courts | History and Civics Class 10 ICSE PDF Download

Very Short Questions

Q1: How many High Courts are there in India? 
Ans: Currently, India has 18 High Courts.

Q2: Who appoints the Chief Justice of a High Court? 
Ans: The appointment of the Chief Justice of a High Court is made by the President based on the recommendations of the Chief Justice of the Supreme Court and the Governor of the respective State.

Q3: Who determines the strength of the Judges of a High Court? 
Ans: The number of Judges in a High Court is determined by the President.

Q4: How are the other Judges of High Court appointed? 
Ans: The President appoints the other Judges of the High Court after consulting with the Chief Justice of the High Court and the Governor of the respective State.

Q5: Can a Senior Advocate of a High Court become a Judge of a High Court? 
Ans: Yes, a Senior Advocate can be appointed as a Judge of a High Court if they have practiced in any High Court in India for at least ten continuous years.

Q6: What is the number of the Judges of a High Court? 
Ans: The number of Judges in a High Court is not fixed.

Q7: What is the age of retirement of a Judge of a High Court? 
Ans: Judges of a High Court retire at the age of 62 years.

Q8: Name the Union Territory, which has a High Court of its own. 
Ans: The Union Territory of Delhi has its own High Court.

Q9: Where is the seat of Rajasthan High Court? 
Ans: The main seat of the Rajasthan High Court is in Jodhpur with a bench in Jaipur.

Q10: Where are the salaries of the Judges charged? 
Ans: Judges' salaries are charged to the Consolidated Fund of the State.

Q11: Who determines the pension, leave, etc., of the Judges? 
Ans: The pension, leave, and other benefits of the Judges are determined by Parliament.

Q12: Who administers an oath of office to the Chief Justice and the Judges of a High Court? 
Ans: The Governor administers the oath of office to the Chief Justice and Judges of a High Court.

Q13: How many Judges can the President appoint? 
Ans: The President can appoint any number of Judges as deemed necessary.

Q14: Which is the competent authority that can alter the Constitution or organization of the High Court? 
Ans: The Parliament has the authority to alter the Constitution or organization of the High Court.

Q15: Who can transfer the Judges of a High Court? 
Ans: The President can transfer Judges of one High Court to another with the Judge's consent.

Q16: What is the relationship of all the High Courts with the Supreme Court? 
Ans: All High Courts are subordinate to the Supreme Court as part of a unified judiciary.

Q17: Which Courts have Original Jurisdiction in all civil and criminal cases? 
Ans: The Presidency High Courts have Original Jurisdiction in nearly all civil and criminal cases.

Q18: Explain whether the High Court can declare any Central law to be constitutionally invalid. 
Ans: No, a High Court does not have the authority to declare Central laws constitutionally invalid.

Q19: What is meant by every High Court is a court of record? 
Ans: This means that all judgements and orders of High Courts are preserved as records and can be cited as precedents in other courts.

Q20: Name the Tribunal over which the High Court do not have the Power of Superintendence. 
Ans: Armed Forces.

Q21: In which two ways the Constitution has ensured the independence of the High Courts? Or Mention two Constitutional provisions that ensure the independence and impartiality of the High Courts. 
Ans: (i) By providing security of service, and (ii) By ensuring security of pay and allowances.

Q22: Name the courts that are empowered to issue writs for the enforcement of Fundamental Rights. 
Ans: Both the Supreme Court and High Courts are empowered to issue writs for enforcing Fundamental Rights.

Q23: Name the write issued by the High Court, which provides a remedy for a person who has been unlawfully detained in prison. 
Ans: Habeas Corpus.

Q24: Name the Courts at the District level? 
Ans: The Courts at the District level include: (i) Civil Courts, (ii) Criminal Courts, (iii) Revenue Courts.

Q25: Mention two types of Subordinate Courts in a state. Or What are the two types of Subordinate Courts in States? 
Ans: The two main types of Subordinate Courts in a state are: (i) Civil Courts, (ii) Criminal Courts.

Q26: Who is the highest Judicial Officer in the District? 
Ans: The District Judge is the highest Judicial Officer in a District.

Q27: How are the District Judges in a State appointed? 
Ans: District Judges in a State are appointed by the Governor based on the rules made after consulting with the State Public Service Commission and the High Court.

Q28: Which is the highest Court of Justice for civil cases at the District level? 
Ans: The highest Court for civil cases at the District level is the Court of the District Judge.

Q29: Name the highest Criminal Court in a District. 
Ans: The highest Criminal Court in a District is the Sessions Court.

Q30: Who exercises control over the Judicial Magistrates? 
Ans: The High Court exercises control over the Judicial Magistrates.

Q31: Who exercises control over the Executive Magistrates? 
Ans: The control over Executive Magistrates is exercised by the State Government.

Q32: What is the designation of a District Judge when he deals with criminal cases? 
Ans: When dealing with criminal cases, a District Judge is designated as a Sessions Judge.

Q33: When was the Criminal Procedure Act came into effect? 
Ans: The Criminal Procedure Act came into effect on March 31, 1973.

Q34: Which Court can award Death Sentence? 
Ans: The Sessions Court can award a death sentence, subject to confirmation by a High Court.

Q35: What sentence can a Court of Judicial Magistrate of first class award in a case? 
Ans: A Court of Judicial Magistrate of the first class can impose a fine up to Rs. 1,000 and/or award imprisonment for up to two years.

Q36: Mention two different designations, which the highest Judicial Officer of a District holds. 
Ans: The highest judicial officer in a district holds the designations of ‘District Judge’ and ‘District and Sessions Judge’.

Q37: Which is the highest Revenue Court in a District? 
Ans: The highest Revenue Court in a District is the Board of Revenue.

Q38: What is the main job of a Collector in a District? 
Ans: The main responsibility of a Collector in a District is the administration of the State.

Q39: Which kind of cases does a Commissioner’s Court take up? 
Ans: A Commissioner’s Court handles cases related to the assessment and collection of revenue.

Q40: Which kind of cases does the Tehsildar’s Court deal with? 
Ans: The Tehsildar’s Court deals with cases concerning the assessment of land revenue and property tax.

Q41: What is Board of Revenue? 
Ans: The Board of Revenue is the highest Revenue Court in a State. It operates under the High Court and hears appeals against decisions from lower revenue courts.

Q42: Mention one reason why the system of Lok Adalat has become popular. 
Ans: Lok Adalat has gained popularity due to its approach of amicable settlement and providing speedy and cost-effective justice.

Short Questions – I

Q1: How are the Judges of a High Court appointed?
Ans: The President appoints the Chief Justice of a High Court, consulting the Chief Justice of the Supreme Court and the Governor of the relevant state. For other judges, the President consults the Chief Justice of the respective High Court and the state's Governor.

Q2: Name the States which are served by the Guwahati High Court.
Or
Name the High Court which has jurisdiction over several States? Also mention the name of such States.
Ans: The Guwahati High Court serves seven states: Arunachal Pradesh, Assam, Meghalaya, Mizoram, Manipur, Tripura, and Nagaland.

Q3: Mention, how the High Court keeps control over the Legislature and the Executive?
Ans: High Courts act as guardians of the Constitution by declaring laws, executive orders, or ordinances that conflict with the Constitution as null and void, thereby overseeing the Legislature and the Executive.

Q4: What is ‘Revisional Jurisdiction’?
Ans: Revisional Jurisdiction allows a High Court to review the records of any case decided by a subordinate court if it involves significant constitutional questions that need resolution for the case's disposition.

Q5: Mention any two administrative functions of a High Court.
Or
Mention one of the administrative function of High court.
Ans: 
​(i) High Courts have the authority to establish rules and regulations for subordinate courts. 
(ii) They can issue directives to subordinate courts to enhance judicial services for the public.

Q6: How does the High Court protect the Fundamental Rights of individuals?
Ans: High Courts safeguard Fundamental Rights by issuing writs, such as Habeas Corpus, to any party infringing these rights, whether individuals, groups, or the state itself.

Q7: What is the ‘Appellate Jurisdiction’ of the High Court?
Ans: The Appellate Jurisdiction of a High Court covers both civil and criminal cases, including appeals from decisions made by District Judges in civil cases and Sessions or Additional Sessions Judges in criminal cases.

Q8: Why the Judge of High Court cannot practice law in the same Court after his retirement?
Ans: To avoid undue influence on current judges, a retired High Court Judge is prohibited from practicing law in the same court but may practice in the Supreme Court or any other court outside his former jurisdiction.

Q9: What are the qualifications required for a District Judge?
Ans: A District Judge must be an Indian citizen, have practiced as an advocate or pleader for at least seven years, and be recommended by the High Court for the position.

Q10: What are the qualifications for the Judges other than the District Judge?
Ans: Judges other than District Judges must pass a competitive examination conducted by the State Public Service Commission, which sets qualifications in consultation with the High Court.

Q11: Name the different types of Civil Courts?
Ans:  The various types of Civil Courts include Small or Petty Courts, Munsif’s Courts, Courts of the Civil Judge or Sub-Judge, and District Judge Courts.

Q12: Name the different types of Revenue Courts?
Ans: Revenue Courts include the Board of Revenue, Commissioner’s Court, Collector's Court, Tehsildar's Court, and Naib Tehsildar's Court.

Q13: State one point of distinction between the District Judge and the Session Judge.
Ans: A District Judge presides over civil cases, whereas the same judge becomes a Sessions Judge when presiding over criminal cases.

Q14: Mention one administrative function of a District Judge.
Ans: A District Judge administratively oversees all civil courts within his district and manages the leave and service records of court personnel.

Q15: Give two advantages of the Lok Adalat System of dispensing Justice.
Ans: The Lok Adalat system is advantageous because it saves time and money, and significantly reduces the caseload of traditional courts by resolving disputes through conciliation.

Short Questions – II

Q1: Many provisions of the Constitution are intended to secure independence and impartiality of the High Courts. In this context explain the significance of each of the following provisions:
(i) Security of Tenure. 
(ii) Salaries and allowances of the Judges.
Ans: 
(i) Security of Tenure: Judges have a guaranteed tenure until they reach the age of 62. They can only be removed by the President on the basis of proven misconduct or incapacity, following a resolution passed by both Houses of Parliament, supported by a majority of the total membership and at least two-thirds of members present and voting.
(ii) Salaries and allowances of the Judges: The compensation of the Judges, including salaries and allowances, cannot be decreased during their term except in financial emergencies. These expenses are secured by being charged on the Consolidated Fund of the State, ensuring they are not subject to legislative approval.

Q2: State the term of office of the Judges of the High Court. Explain when and how the Judges can be removed from office.
Ans: High Court Judges serve until the age of 62. They can resign or be removed by the President for proven misbehavior or incapacity, based on a parliamentary resolution supported by a majority of the total membership and a two-thirds majority of those present and voting.

Q3: Mention three cases in which the High Court enjoys Original Jurisdiction.
Ans: High Courts have original jurisdiction in: 
(i) Legal matters including wills, divorces, marriage, company law, and contempt of court. 
(ii) Cases involving fundamental rights violations, with authority to issue writs to enforce these rights. 
(iii) Constitutional cases, where they interpret the Constitution through judicial review.

Q4: The Constitution of India provides that there shall be a High Court in each State. With reference to the Jurisdiction of High Courts, write short notes on the following:
(i) Power to issue Writs, (ii) Court of Record.
Ans: 
(i) Power to issue Writs: High Courts have the authority to issue various writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to enforce rights or for other purposes. 
(ii) Court of Record: As courts of record, all High Court proceedings and decisions are recorded for future reference, providing a precedent for subordinate courts.

Q5: What is meant by Lok Adalat?
Ans: A Lok Adalat, or People's Court, is an informal court established to offer quick, inexpensive, and fair justice. It helps resolve disputes without formal litigation, easing the burden on traditional courts and making legal processes accessible to those unable to afford or wait for regular judicial proceedings.

Q6: How do the Lok Adalats function?
Ans: Lok Adalats are presided over by judicial officers and qualified individuals who encourage amicable resolutions between disputing parties. Their decisions are considered legal judgments. Significant achievements include resolving long-standing disputes, like motor accident claims, quickly and effectively, with immediate compensation payouts.

Q7: Discuss in brief about the scope of Lok Adalats.
Ans: Lok Adalats play a critical role in the Indian judicial system by resolving disputes through conciliation rather than traditional litigation. They are particularly effective in handling disputes in labor-intensive industries and government departments, fostering a spirit of compromise and community-oriented justice.

Q8: Discuss about the advantages of Lok Adalats.
Ans: Lok Adalats offer several benefits, including: (i) Promoting a spirit of compromise, resulting in satisfaction for both parties. (ii) Saving money and time while reducing harassment. (iii) Helping to clear the backlog of cases in traditional courts. (iv) Speeding up the resolution process, thus enhancing the efficiency of the judicial system.

Long Questions

Q1: Explain the composition of a High Court. State the qualifications required to become a Judge in the High Court.
Ans: 
The Constitution mandates a High Court for each state, but Parliament can establish a common High Court for two or more states or union territories, depending on the geographical size, population, and caseload.
Composition: Each High Court comprises a Chief Justice and additional judges as appointed by the President of India.
Additionally, the President can appoint: 
(i) Additional judges for up to two years to manage case backlogs; (ii) Acting judges to temporarily replace regular judges who are absent or to act as Chief Justice temporarily. Acting judges serve until the permanent judge returns.

Qualifications: To qualify as a High Court judge: 
(i) One must be an Indian citizen. 
(ii) They should not be older than 62 years. 
(iii) They must have served at least ten years in a judicial capacity in India or have been an advocate in a High Court for at least ten years.

Q2: Explain any four conditions of service of a Judge of a High Court.
Ans: The service conditions for High Court judges include: 
(i) Judges serve until the age of 62 but can resign by submitting their resignation to the President. 
(ii) Post-retirement, they are permitted to practice law only in the Supreme Court. 
(iii) Their salaries, allowances, and pensions cannot be reduced after their appointment. 
(iv) Judges can only be removed by the President based on proven misconduct or incapacity, with the approval of Parliament.

Q3: Under which jurisdiction can a High Court accept an appeal against the decision of the district court?
Ans: High Courts have Appellate Jurisdiction in both civil and criminal matters: (i) They review civil cases from District Judges. (ii) In criminal matters, they hear appeals against sentences exceeding seven years from Sessions or Additional Sessions Judges, and those over four years from Assistant Sessions Judges and higher magistrates. Additionally, death sentences and acquittal appeals must also be confirmed or reviewed by the High Court.

Q4: In the context of the High Court, discuss the power of superintendence.
Ans: High Courts hold supervisory authority over all lower courts in their jurisdiction: 
(i) They can demand detailed reports on lower court operations.
(ii) They have the authority to set rules regulating court proceedings. 
(iii) The appointment, posting, and promotion of District Judges are conducted by the Governor in consultation with the High Court. 
(iv) High Courts can specify how lower courts should maintain their records and books.

Q5: Discuss the norms governing the appointment and transfer of a Judge.
Ans: The appointment and transfer of High Court judges involve several steps: 
(i) Transfers are made by the President after consultation with the Chief Justice of India. 
(ii) The Chief Justice consults with the four senior-most Supreme Court judges. 
(iii) Opinions from the Chief Justices of the involved High Courts are considered. 
(iv) Transferred judges receive a compensatory allowance in addition to their regular salary.

Q6: Name the three types of courts at the district level. Explain the different categories of cases that fall under the jurisdiction of Civil Court.
Ans: 
District-level courts include: 
(i) Civil Courts, which handle disputes related to property, land, money transactions, divorce, and guardianship. 
(ii) Subordinate Courts, where civil matters involving specific monetary limits are adjudicated. 
(iii) Small or Petty Courts, which handle minor monetary disputes without the option for appeal.
Civil Court categories: 
(i) The Civil Judge or Sub-Judge handles cases with monetary limits up to Rs. 5,000, with appeals directed to the District Judge. 
(ii) Munsif’s Courts deal with cases involving amounts not exceeding Rs. 2,000. 
(iii) Petty Courts handle nominal value disputes without appellate options.

Q7: Explain the different categories of cases that fall under the jurisdiction of Criminal Court.
Ans: Criminal Courts in India include: 
(i) The Sessions Courts, which handle serious crimes like murder and can impose capital punishment, subject to High Court confirmation. 
(ii) First Class Judicial Magistrates handle appeals from Second Class Judicial Magistrates and deal with sentences up to four years. 
(iii) Second Class Magistrates adjudicate matters with potential penalties of up to six months' imprisonment or fines. 
(iv) Third Class Magistrates oversee minor offenses, with limited sentencing powers.

Q8: There are different categories of cases that are dealt by the Revinue courts. Discuss them.
Ans: Revenue Courts, which manage land and property tax matters, include: 
(i) The Board of Revenue, the highest authority, hears appeals against lower court decisions. 
(ii) Commissioner’s Courts oversee regional revenue matters. 
(iii) Collectors' Courts, led by a Deputy Commissioner, handle district-level revenue collection and administration. 
(iv) Tehsildars' Courts focus on direct tax collection from landowners. 
(v) Naib Tehsildars' Courts assess and collect agricultural taxes at the local level.

Q9: What is meant by Lok Adalat?
Ans: Lok Adalats, or "People's Courts," are informal judicial forums where disputes are settled amicably. Introduced by Justice P. N. Bhagwati, they provide quick, cost-effective, and binding resolutions, particularly effective in long-standing cases like motor accident claims. Governed by the Legal Services Authorities Act of 1987, decisions made in Lok Adalats are considered equivalent to civil court decrees and are binding on all parties involved.