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NIOS Class 12 Political Science Chapter 15 High Courts And Subordinate Courts
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High Courts And Subordinate Courts
TEXT BOOK QUESTIONS AND THEIR ANSWERS
INTEXT QUESTIONS 15.1
Q. Fill in the blanks:
(i) At present there are .….…… High Courts in India. (18, 20, 21)
(ii) The Union Territory of …………. has its own separate High Court. (Daman and Diu,Chandigarh,Delhi)
(iii) The judges of the High Court are appointed by the ………….. (Governor, President, Prime Minister)
(iv) The retirement age of the judges of a High Court is …………. years. (60, 62, 65)
INTEXT QUESTIONS 15.2
1. Through not a state, has High Court.
2. Which punishment awarded by lower courts cannot be implemented without confirmation by the High Court?
Ans. Death Sentence.
INTEXT QUESTIONS 15.3
1. Name the highest civil court of a district.
Ans. Court of the District Judge (District Court).
2. Which is the highest criminal court in a district?
Ans. Court of the Sessions Judge (Session Court).
3. Fill in the blanks:
(i) There can be no appeal against the decision of ………… Courts.
Ans. Small Cases Courts.
(ii) The highest revenue court in a State is the ……….
Ans. Board of Revenue.
Q. 1. Describe the composition of the High Court.
Ans. The Composition of the High Court:
(i) Every High Court has a Chief Justice and a number of judges. The number of judges varies from State to State. The number of judges of each High Court is determined by the President.
(b) The judges of the High Courts are appointed by the President of India. While appointing Chief Justice of a High Court, the President has to consult the Chief Justice of the Supreme Court and the Governor of the State concerned.
(iii) While appointing other judges, the President consults the Chief Justice of the Supreme Court, the Chief Justice of the High Court and Governor of the State concerned. The judges can be transferred from one High Court to another by the President.
(iv) Consultation with the Chief Justice of the Supreme Court in respect of appointments and transfers of the judges of the High Court is also obligatory and binding for the President.
(v) While the Constitutional status of the President (Union Government) remains intact, the actual selection of judges is made by a team of senior judges of the Supreme Court, headed by the Chief Justice of India in accordance with 1993 ruling as reinterpreted in 1999 by the Supreme Court. This is known as Collegium of the Supreme Court. Its recommendations are binding on the President.
Q. 2. How can a judge of the High Court be removed from office?
Ans. 1. A High Court judge may be removed before he or she attains the age of 62 years, only on the ground of incapacity or proved misbehaviour. He or she may be removed if both the Houses of Parliament adopt a resolution by a majority of their total membership and by two thirds majority of members present and voting, separately in each House in the same session.
2. Such a resolution is submitted to the President, who then can remove the concerned judge. This procedure is same as for the removal of judges of the Supreme Court.
Q. 3. Explain the original jurisdiction of the High Court.
Ans. Original Jurisdiction of the High Court:
1. The original jurisdiction of the High Courts is very limited. Cases of alleged violation of fundamental rights can be started in High Courts, or in the Supreme Court. The High Courts have the power to issue orders to restore the fundamental rights of the people. You will recall that these orders are called writs.
2. Power to Issue Writs: You have read in the “Right to Constitutional Remedies” in the lesson on Fundamental Rights that the Supreme Courts and High Courts can issue writs to ensure that rights of the people are not violated either by State or otherwise.
3. The Constitution has specifically given the power “to issue certain writs” to the High Courts. These Courts can issue writs (which are binding directions of the Court) to any person or authority, including government of the State concerned. The writings in the nature of habeas, corpus, mandamus, prohibition, quo warranto, and certiorari (explained in lesson 6) for the enforcement of rights of the people. This power is exercised in the original jurisdiction of the High Court, and is not derogatory to similar power of the Supreme Court.
4. A High Court can hear election petitions in its original jurisdiction, challenging the election of a Member of Parliament or State Legislative Assembly. It can set aside the election of a member if it finds that he or she used corrupt means in his or her election. All the lower courts function under the superintendence, control and guidance of the High Court in the State.
Q. 4. Describe the appellate jurisdiction of the High Court.
Ans. The Appellate Jurisdiction of the High Court:
1. High Courts hear appeals against the judgements of the subordinate courts. In civil cases, appellate jurisdiction extends to all such cases which involve an amount exceeding Rs.5 lakh.
2. Any party to a civil dispute, which is dissatisfied with the decision of the District Court may appeal against the decision of the District Court in the High Court. It also hears cases relating to patents and designs, succession, land acquisition, insolvency and guardianship.
3. The High Courts hear and decide appeals against decisions of the session courts in criminal cases. An accused who is found guilty by a session court, and awarded a sentence may file an appeal against the verdict of the session court.
4. Sometimes even State may appeal against a session court judgement for enhancement of punishment. The High Court may accept the decision of the session court, or alter it and increase or reduce the sentence, or change the nature of sentence, or may acquit an accused.
5. However, if an accused is awarded a death sentence by the sessions court, the sentence must be confirmed by the High Court before the person is hanged to death. Even if the accused does not file an appeal against death sentence, the State refers it to the High Court for confirmation.
Q. 5. How are the subordinate courts in a district organised?
Ans. Organisation of Subordinate or Lower Courts at district Level.
In each district of India there are various types of subordinate or lower courts. They are civil courts, criminal courts and revenue courts. These courts hear civil cases, criminal cases and revenue cases, respectively.
Civil cases pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or landlord tenant disputes. Civil courts settle these disputes. They do not award any punishment as violation of law is not involved in civil cases.
Criminal cases relate to violation of laws. These cases involve theft, dacoity, rape, pick pocketing, physical assault, murder, etc. These cases are filed in the lower court by the police, on behalf of the state, against the accused. In such cases the accused, if found guilty, is awarded punishment like fine, imprisonment or even death sentence.
Revenue cases relate to land revenue on agricultural land in the district.
II. Qualifications and Appointment of Judges: The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State. These days, in most of the States judicial service officers including the magistrates are selected through competitive examinations held by the State Public Service Commission. They are finally appointed by the Governor.
(A) Civil Courts:
Any person who has been an advocate for at least seven years or one who is in the service of the State or the Central Government is eligible to be a judge of the District Court provided he/ she possesses the required legal qualifications.
(i) The Court of the District Judge is the highest civil court in a district to deal with civil cases. Very often the same court is called the Court of District and Session Judge, when it deals with both civil and criminal cases at the district level. The judge of this court is appointed by the Governor of the State.
(ii) Below the Court of District Judge, there may be one or more courts of sub-judges in the district. Separate family courts, which are equal to courts of sub-judge, have been established in districts to exclusively hear cases of family disputes, like divorce, custody of children, etc. Below them there are courts of munsifs and lower courts which decide cases involving petty amounts. No appeal can be made against the decisions of the lower courts. All these courts hear and settle civil disputes.
(iii) The Court of the District Judge (called the District Courts) hears not only appeals against the decisions of the courts of sub-judges, but also some of the cases begin directly in the Court of District Judge itself. Appeals against the decisions of this court may be heard by the High Court of the State.
(iv) Civil Courts deal with cases pertaining to disputes between two or more persons regarding property, divorce, contract and breach of agreement or landlord-tenant disputes.
(B) Criminal Courts: (i) The Court of the Sessions Judge (known as Sessions Courts) is the highest court for criminal cases in a district. Below this court, there are courts of magistrates of First, Second and Third class.
(ii) In metropolitan cities like Delhi, Calcutta, Mumbai and Chennai, First Class Magistrates are called Metropolitan Magistrates.
(iii) All these criminal courts are competent to try the accused and to award punishment, as sanctioned by law, to those who are found guilty of violation of law.
(iv) Criminal Courts hear criminal cases which are related to violation of laws. These cases involve theft, dacoity, rape, arson, pick pocketing, physical assault, murder, etc. In such cases the guilty person is awarded punishment. It may be fine, imprisonment or even death sentence.
(v) Normally every accused is presented by the police before a magistrate. The magistrate can finally dispose of cases of minor crime. But, when a magistrate finds prima-facie case of serious crime he/she may commit the accused to the session court.
Thus,sessions courts try the accused who are sent up to them by the magistrate concerned.
As mentioned above, an accused who is awarded death sentence by the sessions court, can be hanged to death only after his sentence is confirmed by the High Court.
(C) Revenue Courts: Revenue courts deal with cases of land revenue in the State. The highest revenue court in the district is the Board of Revenue. Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against all the lower revenue courts under it.
Q. 6. In what way are the powers and functions of civil court different from criminal courts in a district?
Ans. Difference between Civil Court and Criminal Court
Civil courts: Civil courts deal with cases pertaining to disputes between two or more persons regarding property, divorce, contract, breach of agreement or land-lord tenant disputes.
Criminal Courts: Criminal courts hear criminal cases which are related to violation of laws. These cases involve theft, dacoity, rape, arson, pick-pocketing, physical assault, murder, etc. In such cases the guilty person is awarded punishment. It may be fine, imprisonment or even a death sentence.
SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION
VERY SHORT ANSWER TYPE QUESTIONS
Q. 1. Under what jurisdiction are cases directly brought to High Court?
Ans. The cases directly brought to the High Court under original jurisdiction.
Q. 2. In which High Courts can cases involving marriages and divorce of Christians be directly initiated?
Ans. The Chennai, Mumbai High Courts hear the cases involving marriages and divorces of Christians.
Q. 3. Who confirms the death sentence passed by a Session Court?
Ans. The High Court confirms the death sentence passed by a Session Court.
Q. 4. In which court can cases of violation of Fundamental Rights be straight away started?
Ans. In any High Court or the Supreme Court can be started the cases of violation of fundamental rights straight away.
Q. 5. Name the highest Civil Court of a District.
Ans. Court of District Judge is the highest Civil Court of a District.
Q. 6. Which is the highest criminal court of a district?
Ans. Court of session judge is the highest criminal court of a district.
Q. 7. Write the meaning of the term land Revenue.
Ans. Land Revenue: It is a kind of tax on agricultural land which the government collects from the farmers.
SHORT ANSWER TYPE QUESTIONS
Q. 1. Describe the organisation of the State High Court.
Ans.There is a High Court for each state. However there can be a common High Court for two or more states. In India there are 21 High Courts in all 28 states and 7 union territories. The number of judges varies from state to state. The Chief Justice of a High Court is appointed by the President after consulting the Chief Justice of Supreme Court and the Governor of that state. While appointing other judges the President consults the Chief Justice of the Supreme Court, the Chief Justice of the High Court and the Governor of the state concerned.
Q. 2. Write a short note on District Courts.
Ans. District Courts: For the purpose of Judicial Administration in India, each State is divided into a number of districts, each under the jurisdiction at a District Judge. Under him there is a hierarchy of Judicial officers exercising various types of jurisdiction. The Judge of the District Courts are appointed by the Governor of the concerned State in consultation with the High Court. A person to be eligible for appointment as a District Judge should be either an advocate or a pleader of seven years’ standing or an officer in the service of the Union or in the State.
The District Courts have vast jurisdiction, i.e. power and the functions pertaining to the civil and revenue disputes. These courts deal with a large number of cases which are concerned with the land disputes, money borrowing and lending and the disputes connected with the movable and immovable property.
Q. 3. Who appoints the Chief Justice of a High Court? Who appoints other judges of a High Court?
Ans. 1. A High Court consists of a Chief Justice and a few other judges.
2. All the judges of a High Court are appointed by the President.
3. In the appointment of the Chief Justice of a High Court the President consults:
– The Chief Justice of India, and
– The State Governor.
4. In the appointment of the other judges the President consults:
– The Chief Justice of India.
– The State Governor, and
– The Chief Justice of the High Court.
Q. 4. What are the qualifications of the judges of a High Court?
Ans. The Chief Justice as well as other judges of the High Courts must possess the following qualifications:
1. He should be a citizen of India.
2. He should have worked as a judge in any court in India for not less than ten years.
Or, He should have worked as an advocate in any High Court of India continuously for ten years.
Or, He should be a renowned removed writer in the field of law.
Or, He should have been a recognised teacher of a reputed Law College.
LONG ANSWER TYPE QUESTIONS
Q. 1. Describe the jurisdiction or functions of a High Court.
Ans. Jurisdiction and Functions of a High Court: Like the Supreme Court of India, a High Court has to perform many functions and duties of judicial and non-judicial nature. Some important functions of the High Court are listed below:
1. Original Jurisdiction: The original jurisdiction of the judicial functions of a High Court is very limited. Cases relating to Fundamental Rights, divorce, wills and laws relating to marriage can be brought directly to a High Court. The High Courts of the Presidency towns of Calcutta, Madras and Bombay, however, also possess original jurisdiction over cases arising within the Presidency.
2. Appellate Jurisdiction: All the decisions made by the Subordinate Courts in all types of civil as well as criminal cases can be brought to the High Courts by an appeal. Only those civil cases which are decided by the petty courts under the jurisdiction of the High Court concerned cannot be brought to the High Court any other state by an appeal. of
3. Administrative Jurisdiction: High Courts exercise control over the Subordinate Courts under their respective jurisdiction: They make rules for the working of the Subordinate Courts.
4. Interpretation of the Constitution: If a case, being heard in a Lower or Subordinate Court, needs an explanation of the provisions of the Constitution, the High Court is within its right to interpret it.
5. Court of Record: Like the Supreme Court, the High Court also acts as a court of record.
OBJECTIVE TYPE TYPE QUESTIONS
Choose the correct answer:
Q. 1. India’s highest Court is called:
(a) the Supreme Court.
(b) the Session Court.
(c) the High Court.
(d) the President House.
Ans. (a) the Supreme Court.
Q. 2. At State Level the highest Court is:
(a) the Village Nayay Panchayat.
(b) the District Court.
(c) the Lok Adalat.
(d) the High Court.
Ans. (d) the High Court.
Q. 3. At present (September 2008) there are …………. High Court for 28 States and Seven Union Territories.
Ans. (a) 21.