The High Court and Subordinate Courts

Question 1

Composition of High Court and how are they appointed

Answer 1

1. Chief Justice of High Court- appointed by the President of India in consultation with the Chief Justice of India and the Governor of the concerned State
2. Other Judges of High Court- appointed by the President of India in consultation with the Chief Justice of India, Governor of the state and the Chief Justice of the High Court
3. Additional Judges- By President
4. Acting Judges- By President

Question 2

What are additional judges?

Answer 2

Additional judges are appointed by the President to a High Court

for a temporary period not exceeding two years,

for clearance of arrears of work in a High Court

Question 3

What are Acting Judges

Answer 3

Acting Judges are appointed by the President

when a permanent Judge (other than the Chief Justice) is temporarily absent or unable to perform his duties

or is appointed to act temporarily as the Chief Justice.

The Acting Judge holds office until the Permanent Judge resumes his office.

Question 4

Qualifications to become a Judge at a High Court

Answer 4

1. Should be a citizen of India
2. Should not be over 62 years
3. Has held a judicial office in his territory of India for at least 10 years
   or
   Has been an advocate of a High Court for at least 10 years.

Question 5

When and where was the qualification of ‘distinguished jurists’ added and omitted?

Answer 5

The qualification of ‘distinguished Jurist’ was added by the 42nd Amendment Act 1976

and it was omitted by the 44th Amendment Act of 1978

Question 6

Another name for Lok Adalat

Answer 6

People’s Court

Question 7

What is a Lok Adalat

Answer 7

Lok Adalat is an alternative dispute redressal (remedy) mechanism where disputes/ cases pending in court of law or at pre-litigation stage (before filing it in a court officially) are settled amicably (in a friendly manner).

It also acts as a legal aid and a source of quick justice to those who are not in a position to engage lawyers or bear expenses of legal proceedings.

Question 8

When were Lok Adalats established and by whom?

Answer 8

Lok Adalats were set by Legal Services Act 1987 on the recommendation of Justice P. N. Bhagwati

Question 9

What does the Legal Services Authorities Act 1987 state?

Answer 9

It states that the State or district authorities shall organize Lok Adalats from time to time.

All decisions of the Lok Adalats shall be considered to be decrees (official orders) of a Civil court and shall be binding on the parties to the dispute.

Question 10

Main condition of Lok Adalats

Answer 10

Main condition of Lok Adalats is that both parties in a dispute should agree for a settlement.

Question 11

Where are Lok Adalats established and by whom

Answer 11

Lok Adalats are established by voluntary organizations in places like factories, farms, commercial complexes and neighbourhoods of litigants.

Question 12

Purposes of Lok Adalats (3 pts)

Answer 12

1. Provide legal aid and quick justice to those who are not in the position to engage lawyers or afford the cost of legal proceedings
2. To relieve the court of heavy backlog of cases
3. To eliminate high costs and delays in imparting justice

Question 13

Advantages of Lok Adalats (4 pts)

Answer 13

1. Lok Adalats play important role in the settlement of family feuds, disputes between neighbours, etc. Since Lok Adalats work in a spirit of compromise and understanding, both parties feel satisfied.
2. Lok Adalats deliver fast and inexpensive justice. Any person can plea to the Lok Sabha by an application on plain paper or using the format available with Legal Authorities and expect speedy justice.
3. Lok Adalats reduce the workload of other courts enabling them to deal with more serious matters. This reduces delays in higher courts.
4. Lok Adalats promote social justice by providing legal aid to weaker sections of the society

Question 14

Difference between Court of District judge, Sessions judge

Answer 14

1. Presided by a District judge; Presided by a Sessions judge. (Presiding individual)
2. District Judge, Additional District Judges appointed by Governer in consultation with Chief Justice of High court of the concerned state; District Judge, Additional District Judges appointed by Governer in consultation with Chief Justice of High court of the concerned state; ( appointment)
3. Highest civil court; Highest criminal court (type of court)
4. The judge decides civil cases related to land, property; Judge decides criminal cases like murder theft (Type of cases)
5. District Judge acts as Deputy Commissioner and District Collector and in this capacity, he maintains law and order and supervises the collection of revenue and taxes in the district; Session Judge does not perform any administrative functions
   ( Additional functions )