38.High Courts & Subordinate Courts Flashcards
What are the qualifications required to become a High Court judge in India?
The qualifications required to become a High Court judge in India are being a citizen of India and having either held a judicial office in the territory of India for at least ten years or been an advocate of a High Court or high courts in succession for at least ten years.
Is there any prescribed minimum age for the appointment of a High Court judge?
No, the Indian constitution does not prescribe any minimum age for the appointment of a High Court judge.
What is the procedure for taking an oath by a newly appointed High Court judge?
A person appointed as a judge of a High Court in India has to make and subscribe an oath or affirmation before the governor of the state or a person appointed by him for this purpose, before entering upon his office.
Who determines the salaries, allowances, privileges, leave, and pension of the judges of a High Court?
The salaries, allowances, privileges, leave, and pension of the judges of a High Court are determined from time to time by the Parliament.
How are the salaries and allowances of High Court judges determined?
The salaries, allowances, privileges, leave, and pension of the judges of a High Court are determined by the Parliament.
What factors are considered for the tenure, removal, and transfer of High Court judges?
The factors considered for the tenure, removal, and transfer of High Court judges are not mentioned in the given text and may vary based on the legal provisions and constitutional requirements.
Can a person become a High Court judge without being a citizen of India?
No, a person must be a citizen of India to become a High Court judge.
How long should a person have held a judicial office in India to qualify as a High Court judge?
To qualify as a High Court judge, a person should have held a judicial office in the territory of India for at least ten years.
What is the role of the governor in the appointment of High Court judges?
The governor of the state or a person appointed by the governor is responsible for administering the oath or affirmation to a newly appointed High Court judge.
Are High Court judges entitled to a pension?
Yes, High Court judges are entitled to a pension, which is determined by the Parliament.
Has the Indian constitution fixed a specific tenure for High Court judges?
No, the Indian constitution has not fixed any specific tenure for High Court judges.
Until what age do High Court judges hold office?
High Court judges hold office until the age of 62 years.
To whom should a judge of the High Court submit their resignation if they wish to resign?
If a judge of the High Court wishes to resign, they should submit their resignation to the President of India.
Who has the power to remove a judge of the High Court?
The President of India, upon the recommendation of Parliament, has the power to remove a judge of the High Court, similar to the provisions mentioned in Article 124(4) for the removal of a judge of the Supreme Court.
When does a High Court judge vacate their office?
A High Court judge vacates their office when they are appointed as a judge of the Supreme Court or when they are transferred to another High Court.
Who decides the age-related questions concerning a High Court judge?
If any question arises about the age of a judge of a High Court, the President of India decides such questions. The decision is made after consulting with the Chief Justice of India, and the President’s decision in this regard is considered final.
Who has the authority to issue removal orders for High Court judges?
The President of India has the authority to issue removal orders for High Court judges.
What is the requirement for the parliament to issue a removal order for a High Court judge?
The parliament must present an address to the President, supported by a special majority, in the same parliamentary session to issue a removal order for a High Court judge.
What are the grounds for removal of a High Court judge?
The grounds for removal of a High Court judge are proved misbehavior and incapacity, similar to the removal of a Supreme Court judge.
What is the procedure for initiating a removal motion for a High Court judge?
A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is given to the Speaker/Chairman, who may admit or refuse to admit the motion.
Who constitutes the committee to investigate the charges against a High Court judge?
The Speaker/Chairman constitutes a three-member committee consisting of the chief justice or a judge of the Supreme Court, a chief justice of a High Court, and a distinguished jurist to investigate the charges against a High Court judge.
What happens if the committee finds the High Court judge guilty of misbehavior or incapacity?
If the committee finds the High Court judge guilty of misbehavior or incapacity, the House can consider the motion for removal.
What is the majority required for the motion to remove a High Court judge?
The motion for removal of a High Court judge must be passed by each House of Parliament by a special majority.
What happens after the motion for removal is passed by both Houses of Parliament?
After the motion for removal is passed by both Houses of Parliament, an address is presented to the President for the removal of the judge.
What is the final step in the removal process of a High Court judge?
The President passes an order for the removal of the High Court judge.
Which act regulates the procedure for the removal of a High Court judge by impeachment?
The Judges Enquiry Act (1968) regulates the procedure for the removal of a High Court judge by impeachment.
Who has the authority to transfer High Court judges?
The President of India, after consultation with the Chief Justice of India, has the authority to transfer High Court judges.
What additional entitlement does a judge receive when transferred to another High Court?
When a judge is transferred to another High Court, they are entitled to receive, in addition to their salary, a compensatory allowance. The amount of the compensatory allowance is determined by Parliament by law or, until determined, as fixed by the President.
How is the transfer of High Court judges typically carried out in practice?
In practice, the High Court collegium recommends the name of a judge to the Supreme Court Collegium. The Supreme Court Collegium then sends the recommended name to the President for final approval.
Which amendment to the Constitution introduced the provision regarding compensatory allowances for transferred judges?
The provision regarding compensatory allowances for transferred judges was introduced by the Constitution (Fifteenth Amendment) Act, 1963.
Who is consulted before the President makes a decision on transferring a High Court judge?
The Chief Justice of India is consulted by the President before making a decision on transferring a High Court judge.
How is the compensatory allowance for transferred judges determined?
The compensatory allowance for transferred judges is determined by Parliament through legislation. If not determined by law, the President has the authority to fix the compensatory allowance by order.
What is the purpose of consulting the Chief Justice of India in the transfer of High Court judges?
Consulting the Chief Justice of India ensures that the decision to transfer a High Court judge takes into account the expertise and requirements of the judiciary as a whole.
Does the President have the final approval in the transfer of High Court judges?
Yes, the President has the final approval in the transfer of High Court judges based on the recommendation received from the Supreme Court Collegium.
What amendment to the Constitution introduced Article 222, which deals with the transfer of High Court judges?
Article 222, which deals with the transfer of High Court judges, was introduced by an unspecified amendment to the Constitution.
What is the role of the Supreme Court Collegium in the transfer of High Court judges?
The Supreme Court Collegium plays a role in the transfer of High Court judges by recommending the name of a judge to be transferred to the President for final approval.
Why are parliamentary privileges largely uncodified and unenumerated?
The powers, privileges, and immunities of Parliament and its members, as stated in Article 105 of the Constitution, are largely uncodified and unenumerated. This is because there is room for a large number of privileges to continue without being legally codified.
What are the reasons for the absence of legal codification of parliamentary privileges?
The reasons for the absence of legal codification of parliamentary privileges may vary, but one possible reason is that it allows flexibility and adaptation to changing circumstances. Additionally, the nature of parliamentary privileges may involve matters that are best left to the discretion of the Parliament itself.
How can the problem of uncodified parliamentary privileges be addressed?
The problem of uncodified parliamentary privileges can be addressed by enacting comprehensive legislation that clearly defines and codifies the privileges and immunities of Parliament and its members. This would provide a clear framework and legal certainty regarding the scope and limitations of these privileges.
What is the process for High Court appointments in India?
The process for High Court appointments begins with the High Court collegium recommending names. The file then moves to the state government, the central government, and finally to the Supreme Court collegium after gathering intelligence reports on the recommended candidates.
How long does the High Court appointment process typically take?
The High Court appointment process often takes over a year due to various stages involving the High Court collegium, state government, central government, and Supreme Court collegium.
What happens once the Supreme Court collegium clears the names for High Court appointments?
Once the Supreme Court collegium clears the names for High Court appointments, there can still be a delay at the government level for final approval and appointment.
Can the government request the collegium to reconsider a recommendation for High Court appointments?
Yes, if the government wants the collegium to reconsider a recommendation, the file is sent back, and the collegium can choose to reiterate or withdraw its decision.
Who heads the Supreme Court Collegium?
The Chief Justice of India (CJI) heads the Supreme Court Collegium, which serves as the reviewing authority for the recommendations sent by the High Courts.
Why is it considered unacceptable for the CJI to sit in the Collegium to review recommendations after sending them to the High Court?
It is considered unacceptable for the CJI to sit in the Collegium to review recommendations after sending them to the High Court to avoid any potential bias or conflicts of interest. The CJI’s role is primarily to head the Collegium and act as the final authority in the appointment process.
What is the purpose of gathering intelligence reports on the candidates recommended for High Court appointments?
Gathering intelligence reports on the candidates recommended for High Court appointments helps in assessing their suitability and integrity for the judicial role, ensuring the selection of competent and credible individuals.
Under what circumstances can a judge of a high court be appointed as an acting chief justice?
A judge of a high court can be appointed as an acting chief justice when the office of the chief justice is vacant, the chief justice is temporarily absent, or the chief justice is unable to perform the duties of the office.
What is the maximum duration for the appointment of additional judges in a high court?
Additional judges can be appointed in a high court for a temporary period not exceeding two years.
What are the reasons for the appointment of additional judges in a high court?
Additional judges can be appointed in a high court when there is a temporary increase in the business of the court or when there are arrears of work in the court.
Who can request a retired judge to act as a judge of a high court for a temporary period?
The chief justice of a high court can request a retired judge of that high court or any other high court to act as a judge of the high court of that state for a temporary period.
What are the restrictions on a retired judge’s practice after retiring from a high court?
After retiring from a high court, a judge can only plead in any other high court or the Supreme Court. They are restricted from practicing in the same high court from which they retired.
What article of the Constitution deals with the appointment of acting chief justices?
Article 223 of the Constitution deals with the appointment of acting chief justices in high courts.
What article of the Constitution allows for the appointment of additional judges in a high court?
The appointment of additional judges in a high court is allowed under the provisions of the Constitution, although the specific article is not mentioned in the given text.
Who has the authority to appoint additional judges in a high court?
The President of India has the authority to appoint additional judges in a high court.
Can a retired judge act as a judge in any high court or only in the high court from which they retired?
A retired judge can act as a judge in any other high court or the Supreme Court, not necessarily limited to the high court from which they retired.
What is the purpose of appointing additional judges in a high court?
The appointment of additional judges helps to handle temporary increases in court workload or clear arrears of work, ensuring the efficient functioning of the high court.
What are the matters covered under the original jurisdiction of a High Court?
The original jurisdiction of a High Court includes matters of admiralty and contempt of court, disputes related to the election of members of Parliament and state legislature, revenue matters or acts ordered or done in revenue collection, enforcement of fundamental rights of citizens, and cases involving the interpretation of the Constitution that are transferred from subordinate courts.
Which specific high courts have original civil jurisdiction in cases of higher value?
The four high courts with original civil jurisdiction in cases of higher value are the Calcutta High Court, Bombay High Court, Madras High Court, and Delhi High Court.
What types of cases fall under the admiralty jurisdiction of a High Court?
Cases related to admiralty matters, which involve maritime disputes and issues pertaining to ships, cargo, and navigation, fall under the admiralty jurisdiction of a High Court.
Which court has jurisdiction over cases of contempt of court?
The High Court has jurisdiction over cases of contempt of court, where individuals or entities are charged with disrespecting or obstructing the administration of justice.
What types of disputes regarding elections are within the jurisdiction of a High Court?
A High Court has jurisdiction over disputes relating to the election of members of Parliament and state legislature, ensuring fairness and legality in the electoral process.
In what circumstances can a High Court enforce the fundamental rights of citizens?
A High Court can enforce the fundamental rights of citizens when there is a violation or infringement of these rights, providing a legal remedy to protect individual liberties.
When can a High Court transfer a case from a subordinate court to its own file?
A High Court can transfer a case from a subordinate court to its own file when the case involves the interpretation of the Constitution, ensuring uniformity and consistency in constitutional matters.
What types of matters fall under the jurisdiction of a High Court regarding revenue?
A High Court has jurisdiction over matters related to revenue, including disputes or acts ordered or done in revenue collection, ensuring proper administration and legal compliance in revenue-related issues.
Can the jurisdiction and powers of High Courts vary across different regions in India?
Yes, the jurisdiction and powers of High Courts can vary across different regions in India based on the specific provisions and laws governing each High Court’s jurisdiction.
What is the significance of a High Court’s original civil jurisdiction in cases of higher value?
A High Court’s original civil jurisdiction in cases of higher value allows it to directly hear and decide significant civil matters with substantial financial implications, providing efficient and specialized resolution for such cases.
What is the purpose of Article 226 of the Constitution?
Article 226 empowers a high court to issue writs for the enforcement of fundamental rights and for any other purpose.
What are the types of writs that a high court can issue under Article 226?
A high court can issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto.
Can a high court issue writs outside its territorial jurisdiction?
Yes, a high court can issue writs not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
Is the writ jurisdiction of a high court exclusive or concurrent with the Supreme Court?
The writ jurisdiction of a high court under Article 226 is concurrent with the writ jurisdiction of the Supreme Court.
How does the writ jurisdiction of a high court compare to that of the Supreme Court?
The high court has larger writ jurisdiction compared to the Supreme Court. While both can issue writs on similar grounds, the high court can also issue writs for any other purposes apart from fundamental rights.
What did the Supreme Court rule in the L Chandra case regarding the writ jurisdiction of the high court and the Supreme Court?
In the L Chandra case, the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitutes a part of the basic structure of the Constitution and cannot be ousted or excluded, even through a constitutional amendment.
What is the significance of the writ of habeas corpus?
The writ of habeas corpus is a legal remedy that ensures a person’s right to be brought before a court to determine if their detention or imprisonment is lawful, protecting individual liberty.
When can a high court issue the writ of mandamus?
A high court can issue the writ of mandamus to compel a public official or authority to perform their duties or to restrain them from acting beyond their jurisdiction.
What is the purpose of the writ of certiorari?
The writ of certiorari is used to quash the orders or decisions of lower courts or tribunals that are found to be without jurisdiction or in violation of principles of natural justice.
How does the writ jurisdiction of the high court contribute to the protection of fundamental rights?
The high court’s writ jurisdiction allows it to safeguard the fundamental rights of citizens by issuing appropriate writs to ensure their enforcement and protection from any violation or infringement.
What types of appeals can be filed in the high court in civil matters?
In civil matters, first appeals on both questions of law and fact can be filed directly to the high court if the amount exceeds the stipulated limit. Second appeals involving questions of law only can also be filed in the high court. Intra-court appeals and appeals from administrative and other tribunals are also heard by the high court.
Which high courts have provisions for intra-court appeals?
The Calcutta, Bombay, and Madras High Courts have provisions for intra-court appeals, allowing appeals from the decisions of a single judge of the high court to be heard by a division bench of the same high court.
What types of appeals can be filed in the high court in criminal matters?
In criminal matters, appeals from the judgments of sessions courts and additional sessions courts can be filed in the high court if the sentence is one of imprisonment for more than seven years. Appeals from judgments of assistant sessions judges, metropolitan magistrates, and other magistrates (judicial) are also heard by the high court in specific cases specified in the Criminal Procedure Code (1973).
Can appeals be filed in the high court for both questions of law and fact in criminal matters?
Yes, appeals can be filed in the high court for both questions of law and fact in criminal matters, depending on the nature of the case and the prescribed conditions.
Are appeals from administrative and other tribunals heard in the high court?
Yes, appeals from the decisions of administrative and other tribunals are heard in the high court by the division bench of the state high court.
Can appeals from the decisions of tribunals be subject to the writ jurisdiction of the high courts?
Yes, in 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the high courts, allowing the high courts to exercise their power of issuing writs to ensure justice and legality in tribunal decisions.
What is the supervisory jurisdiction of a high court?
The supervisory jurisdiction of a high court allows it to exercise control and oversight over all courts and tribunals functioning within its territorial jurisdiction, except military courts or tribunals.
What powers does a high court have under its supervisory jurisdiction?
Under its supervisory jurisdiction, a high court can call for returns from other courts and tribunals, make and issue general rules, prescribe forms for regulating their practice and proceedings, and determine the fees payable to various personnel associated with these courts and tribunals.
Can a high court prescribe forms for record-keeping by other courts and tribunals?
Yes, a high court can prescribe forms in which books, entries, and accounts are to be kept by other courts and tribunals as part of its supervisory jurisdiction.
Does the supervisory jurisdiction of a high court extend to military courts or tribunals?
No, the supervisory jurisdiction of a high court does not extend to military courts or tribunals. The high court’s authority is limited to non-military courts and tribunals within its territorial jurisdiction.
How does a high court exercise control over other courts and tribunals?
A high court exercises control over other courts and tribunals through its power of superintendence, which allows it to issue directions, set rules, and ensure the proper functioning of these subordinate judicial bodies.
What control does a high court have over subordinate courts?
A high court has administrative control over subordinate courts and exercises powers such as appointment, posting, promotion, and discipline of judicial service members (excluding district judges). It can also withdraw cases involving substantial questions of law for interpretation and return them with its judgment.
How is a high court involved in the appointment process of district judges?
The governor consults the high court in matters of appointment, posting, and promotion of district judges. The high court plays a role in ensuring the proper selection and appointment of district judges in the state.
Can a high court intervene in cases pending in subordinate courts?
Yes, a high court can withdraw a case pending in a subordinate court if it involves a substantial question of law requiring the interpretation of the Constitution. The high court can either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgment.
What is the binding effect of a high court’s law on subordinate courts?
The law declared by a high court is binding on all subordinate courts within its territorial jurisdiction, similar to the binding effect of the law declared by the Supreme Court on all courts in India.
What are the powers of a high court as a court of record?
As a court of record, a high court’s decisions are considered precedents and must be followed by lower courts in the state. The high court also possesses the power of judicial review, allowing it to review the actions of the executive and legislative branches to ensure their conformity with the Constitution and laws.
What does Article 230 of the Constitution allow?
Article 230 allows Parliament to extend or exclude the jurisdiction of a High Court from any Union territory through the enactment of a law.
What is the provision under Article 231 of the Constitution?
Article 231 empowers Parliament to establish a common High Court for two or more States or for two or more States and a Union territory through the enactment of a law.
What recent news has the Supreme Court agreed to consider?
The recent news states that the Supreme Court has agreed to consider a proposal from the Supreme Court Bar Association for the elevation of Supreme Court lawyers as High Court judges.
What is the proposal made by the Supreme Court Bar Association?
The Supreme Court Bar Association has proposed the elevation of Supreme Court lawyers as High Court judges. This proposal is currently being considered by the Supreme Court.
How can the jurisdiction of a High Court be extended or excluded from a Union territory?
The jurisdiction of a High Court can be extended or excluded from a Union territory through the enactment of a law by Parliament, as provided in Article 230 of the Constitution.
What is the purpose of the ‘FASTER’ scheme?
The ‘FASTER’ scheme aims to enable the Supreme Court of India to electronically transmit bail and other orders to jail authorities, district courts, and high courts, ensuring swift and secure delivery of orders.
Who introduced the ‘FASTER’ scheme?
The ‘FASTER’ scheme was announced by N.V. Ramana, the former Chief Justice of the Supreme Court of India.
What is the objective of the scheme?
The scheme is designed to eliminate delays in the implementation of orders passed by the Supreme Court by instantly transmitting the orders to concerned prisons, district courts, and high courts through a secure communication channel.
Why was there a need for electronic records and faster transmission of orders?
The need for electronic records and faster transmission of orders arose due to instances of delays in implementing orders and specific cases of prisoners not being released despite being granted bail by the Supreme Court. There were concerns about fudging court orders and the insistence of prison authorities on receiving hard copies, causing delays and infringing on personal liberty.
What prompted the judiciary to take action?
The delay by Uttar Pradesh authorities in releasing 13 prisoners who were granted bail by the Supreme Court compelled the judiciary to take suo-motu cognizance. These prisoners, who were juveniles at the time of the offense, had been lodged in Agra Central jail for extended periods, and their case highlighted the need for a more efficient system to prevent such delays in the future.
What is the aim of the ‘FASTER’ scheme?
The aim of the ‘FASTER’ scheme is to ensure timely implementation of orders passed by the Supreme Court, saving time and effort, and preventing delays that can lead to injustice.
What directive did the Chief Justice of India give to all states regarding internet connection in jails?
The Chief Justice of India directed all states to respond regarding the availability of internet connection in jails across the nation as it is necessary for the transmission of orders to prisons under the ‘FASTER’ scheme.
Who will be responsible for formulating the ‘FASTER’ scheme?
The ‘FASTER’ scheme will be formulated by the Secretary General of the Supreme Court with the cooperation of the Solicitor General.
What has the apex court done to decongest prisons amid the COVID-19 pandemic?
The apex court has made concerted moves in recent months to decongest prisons amid the COVID-19 pandemic.
What directive did the CJI give in May regarding arrests during the pandemic?
In May, the Chief Justice of India ordered the police to limit arrests during the pandemic to prevent overcrowding of jails and urged courts to avoid ordering detention in a mechanical manner.
What is being done to address the issue of pendency and other problems in the judiciary?
Technological interventions in the form of e-courts are being established to address the issue of pendency and other problems.
