Get notes, summary, questions and answers, MCQs, extras, and PDFs of Chapter 5 “The High Courts and Subordinate Courts” which is part of ICSE Class 10 Civics (Morning Star). However, the notes should only be treated as references and changes should be made according to the needs of the students.
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Summary
Chapter 5 discusses the structure and functions of the High Courts and Subordinate Courts in India. Each state in India has a High Court, and there are 25 High Courts across the country. The High Courts have a Chief Justice and other judges appointed by the President of India. Judges must be citizens of India, under the age of 62, and must have held judicial office or practiced as advocates for at least ten years. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of the Supreme Court and the Governor of the respective state.
High Courts have original jurisdiction, meaning they can hear cases first, in matters related to state revenue, wills, divorce, and certain other cases. They also have appellate jurisdiction, allowing them to hear appeals from lower courts. The High Courts possess the power of judicial review, enabling them to declare any law or order that violates the Constitution as null and void. They also function as Courts of Record, meaning their judgments are preserved as records for future reference.
Subordinate courts function at the district level and include civil, criminal, and revenue courts. The District Judge is the highest authority in civil matters, while the Sessions Judge presides over criminal cases. Appeals from these courts can be made to the High Court.
The chapter also explains the Lok Adalats, which are alternative forums for resolving disputes quickly and without the high costs associated with traditional court cases. Lok Adalats help reduce the backlog of cases in courts by settling disputes through compromise, which is often more satisfactory for both parties. These courts have become an important part of the judicial system in India, offering accessible justice to those who might not afford lengthy legal procedures.
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Textbook (Total History) solutions
Multiple-Choice Questions
1. How many High Courts are there in India?
A. 25
B. 30
C. 32
D. 28
Answer: A. 25
2. Out of the following Union territories, which Union territory has a High Court of its own?
A. Chandigarh
B. Ladakh
C. Lakshadweep
D. New Delhi
Answer: D. New Delhi
3. What is the maximum age in order to be qualified for appointment as a Judge in the High Court?
A. 62 years
B. 68 years
C. 65 years
D. 60 years
Answer: A. 62 years
4. In order to be qualified as a Judge of a High Court, the individual must have held a judicial office in the territory of India or has been an advocate of a High Court for at least
A. 15 years
B. 10 years
C. 5 years
D. 12 years
Answer: B. 10 years
5. Which of the following are the qualifications required to be a Judge of a High Court?
P. He should not be over 62 years of age.
Q. He has been an advocate of a High Court for at least ten years.
R. He should have been a distinguished Jurist.
S. He has held a judicial office in the territory of India for at least five years.
A. P and R
B. R and S
C. P and Q
D. P and S
Answer: C. P and Q
6. Identify the statements about the High Court Judges which are correct.
P. A judge of a High Court cannot be removed from office on any ground.
Q. A Judge who has worked as a permanent Judge of a High Court cannot practice in any Court after his/her retirement.
R. The salaries and allowances of the Judges of a High Court cannot be changed to their disadvantage during the course of their service.
S. A Judge of a High Court may resign his/her office by writing addressed to the President of India.
A. P and Q
B. R and S
C. Q and R
D. P and R
Answer: B. R and S
7. Every High Court has the power to interpret the Constitution. This power is known as
A. Judicial Review
B. Constitutional Review
C. High Court Review
D. Interpretation Review
Answer: A. Judicial Review
8. __________ of High Court means the power to accept appeals against decisions of District courts, in civil as well as criminal matters.
A. Revisory jurisdiction
B. Advisory jurisdiction
C. Appellate jurisdiction
D. Confirmatory jurisdiction
Answer: C. Appellate jurisdiction
9. __________ Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court.
A. Advisory
B. Appellate
C. Revisory
D. Judicial
Answer: C. Revisory
10. All __________ are empowered to issue writs.
A. High Courts
B. District courts
C. Members of Parliament
D. Ministers of the Cabinet
Answer: A. High Courts
11. Which of the following statements about the functions of the High Court are correct?
P. Unlike the Supreme Court, the High Court is not a Court of Record.
Q. The High Court can advise any government department if they seek advice from them on matters of law.
R. The High Court has the power of Judicial Review.
S. The High Court cannot issue writs.
A. Q and R
B. P and Q
C. P and S
D. R and S
Answer: A. Q and R
12. A Munsif court is authorised to deal with civil cases involving not more than
A. ₹15,000
B. ₹20,000
C. ₹30,000
D. ₹50,000
Answer: B. ₹20,000
13. When a judge decides Civil cases, he/she is called __________ and when he/she decides criminal cases, he/she is called __________.
A. Sessions Judge; District Judge
B. District Judge; Sessions Judge
C. Magistrate; District Judge
D. Magistrate; Sessions Judge
Answer: B. District Judge; Sessions Judge
14. Identify the statements about the Court of the District Judge which are correct.
P. It is the highest civil court of the district.
Q. The District Judge is appointed by the Chief Justice of the Supreme Court of India.
R. The District Judge decides both civil and criminal cases.
S. The District Judge acts as a Deputy Commissioner and District Collector.
A. P and Q
B. P and R
C. P and S
D. R and S
Answer: C. P and S
15. First class Magistrate can award imprisonment up to __________ years and/or a fine of __________.
A. 4 years; ₹20,000
B. 3 years; ₹10,000
C. 3 years; ₹5,000
D. 2 years; ₹5,000
Answer: B. 3 years; ₹10,000
16. Second class Magistrate can award imprisonment for not more than __________ years or impose a fine of __________ or both.
A. 1 year; ₹1,000
B. 2 years; ₹5,000
C. 1 year; ₹2,000
D. 2 years; ₹1,000
Answer: D. 2 years; ₹1,000
17. Lok Adalat means
A. District Court
B. People’s Court
C. High Court
D. Supreme Court
Answer: B. People’s Court
18. Suppose the autorickshaw driver, who daily takes you to school, was issued a number of traffic violation challans and had to pay a fine of five thousand rupees. He pleaded for reducing the fine but was not shown any mercy. To which court would he go to get speedy redressal of his grievance?
A. Lok Adalat
B. Sessions Court
C. High Court
D. Supreme Court
Answer: A. Lok Adalat
Short Answer Questions
1. Name two High Courts of India whose jurisdiction extends to more than two States.
Answer: The Bombay High Court and the Guwahati High Court.
2. What is the composition of a High Court?
Answer: Each High Court consists of a Chief Justice and such other Judges as the President of India may appoint from time to time. Besides, the President has the power to appoint: (i) additional judges for a temporary period not exceeding two years, for the clearance of arrears of work in a High Court; (ii) an acting Judge, 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 Chief Justice. The acting Judge holds office until the permanent Judge resumes his/her office.
3. Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court appointed?
Answer: The Governor of the concerned State administers the Oath of office to the High Court Judges. The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State.
4. Who can remove a Judge of the High Court? On what grounds can a Judge of the High Court be removed from office?
Answer: A Judge of a High Court can be removed by the President on the ground of “proved misbehaviour or incapacity” on an address of each House of Parliament. Such an address should be supported by a majority of the total membership of the House and by two-thirds of the members present and voting.
5. Who decides the salaries and allowances of the Judges of the High Court?
Answer: The salaries and allowances of the Judges of a High Court are decided by Parliament.
6. How does the High Court protect the Fundamental Rights of individuals? What is meant by Revisory Jurisdiction of the High Courts?
Answer: The High Court protects the Fundamental Rights of individuals by issuing writs for their enforcement. Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court. This is done because the High Court feels that the Subordinate Court has exercised a jurisdiction not vested in it or the latter has not followed proper procedure. Therefore, the High Court can review the case and take appropriate action on it.
7. Mention two types of Subordinate Courts in a State.
Answer: Civil Courts and Criminal Courts.
8. What is meant by the term Civil Cases? Which type of cases are known as Criminal Cases?
Answer: Civil cases involve disputes related to land, property, money transactions, arbitration, guardianship, marriages, divorce, and cases involving a Will. Criminal cases involve offences such as murder, robbery, theft, and assault.
9. Which is the highest Civil Court in a District? Name the highest Criminal Court in a district.
Answer: The highest Civil Court in a District is the Court of the District Judge. The highest Criminal Court in a district is the Sessions Court.
10. Who is the highest Judicial Official at the district level for civil and criminal cases? How are the District Judges in a State appointed?
Answer: The highest Judicial Official at the district level for civil and criminal cases is the District Judge. The District Judges in a State are appointed by the Governor in consultation with the Judges of the High Court of the concerned State.
Structured Questions
1. A High Court consists of a Chief Justice and other judges whose number the Parliament may fix from time to time. As regards the composition of the High Court, answer the following questions:
(a) How are the Chief Justice and other Judges of the High Court appointed?
Answer: The Chief Justice of a High Court is appointed by the President of India in consultation with the Chief Justice of the Supreme Court and the Governor of the concerned State. Other Judges of a High Court are appointed by the President. The President shall consult the Chief Justice of India, the Governor of the State, and the Chief Justice of the High Court in the matter of appointment of a Judge to the High Court.
(b) State three qualifications for appointment as a Judge of the High Court.
Answer:
- The person should be a citizen of India.
- He/She should not be over 62 years of age.
- He/She must have held a judicial office in the territory of India for at least ten years or must have been an advocate of a High Court for at least ten years.
(c) Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.
Answer:
- Judges of the High Court enjoy security of tenure and can remain in office until they attain the age of 62 years.
- The salaries and allowances of the Judges cannot be changed to their disadvantage during the course of their service except during the period of a Financial Emergency.
2. With reference to the powers of the High Court, briefly describe the following:
(a) What is meant by the Original Jurisdiction of the High Court? Mention two types of cases in which the High Court exercises Original Jurisdiction.
Answer: Original Jurisdiction means the power of the High Court to hear and decide cases at the first instance, i.e., not by way of appeal. The High Court exercises original jurisdiction in the following types of cases:
- Matters relating to State revenue and its collection.
- Cases regarding wills, divorce, marriage, company law, and contempt of court.
(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.
Answer:
- The High Court exercises appellate jurisdiction in civil cases decided by the District Courts under its jurisdiction.
- The High Court exercises appellate jurisdiction in criminal cases where the sentence of imprisonment exceeds seven years passed by a Sessions Judge or an Additional Sessions Judge.
(c) How does the High Court control the power of the Legislature and the Executive?
Answer: The High Court controls the power of the Legislature and the Executive through the power of Judicial Review. It can declare any law, executive order, or ordinance passed by the State Legislature or any other authority as ‘null and void’ if it infringes on the Fundamental Rights or contravenes any provision of the Constitution.
3. With reference to the powers of the High Court, answer the following questions:
(a) How does the High Court act as a custodian of the Constitution?
Answer: The High Court acts as a custodian of the Constitution through its power of Judicial Review. It has the authority to interpret the Constitution and ensure that no law or executive action violates the provisions of the Constitution.
(b) How does the High Court act as a protector of Fundamental Rights?
Answer: The High Court acts as a protector of Fundamental Rights by issuing writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for the enforcement of Fundamental Rights.
(c) What do we mean when we say that the High Court is a ‘Court of Record’?
Answer: A High Court is a ‘Court of Record’ because its judgments and orders are preserved as records to be referred to in future cases. They can be produced as precedents, and the law laid down by the High Court is binding on all subordinate courts within the State.
4. With reference to the jurisdiction of High Courts, write short notes on:
(a) Revisory Jurisdiction of High Courts.
Answer: Revisory Jurisdiction means that the High Court can call for the record of a case that has been decided by a subordinate court if it believes that the subordinate court has exercised a jurisdiction not vested in it or has not followed proper procedure. The High Court can review the case and take appropriate action.
(b) Its power to issue Writs.
Answer: The High Court has the power to issue writs, which are orders from a judicial authority asking a person to perform some act or refrain from performing an act. The writs that can be issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, and they are instrumental in protecting the Fundamental Rights of citizens.
(c) Its power of Judicial Review.
Answer: The High Court has the power of Judicial Review, which allows it to declare any law, executive order, or ordinance passed by the State Legislature or any other authority as ‘null and void’ if it infringes on the Fundamental Rights or contravenes any provision of the Constitution. This power helps in maintaining the supremacy of the Constitution.
Picture Study
a. Identify the court whose logo is given in the picture on the right. How do these courts function?
Answer: The court whose logo is given in the picture is Lok Adalat. Lok Adalats function as an alternative dispute redressal mechanism where disputes/cases pending in the court of law or at pre-litigation stage are settled amicably. These courts are organised in places like factories, farms, commercial complexes, and neighbourhoods of the litigants to settle disputes in a spirit of harmony and compromise. Cases are settled informally and cordially with the involvement of the conflicting parties.
b. What are the advantages of resolution of disputes through such courts?
Answer:
- Lok Adalats play an important role in the settlement of family feuds, disputes between neighbours, and minor cases of assault and injury by settling the disputes through compromise. Since the Lok Adalats work in the spirit of compromise and understanding, both parties feel satisfied.
- Lok Adalats deliver fast and inexpensive justice. Any person can move Lok Adalat by an application on a plain paper or using the format available with Legal Service Authorities and expect speedy justice.
- The Lok Adalats reduce the workload of other courts, enabling them to deal with more serious matters. This reduces delays in higher courts.
- Lok Adalats promote social justice by providing legal aid to weaker sections of society.
c. What is the scope of a Lok Adalat in India?
Answer: The system of Lok Adalats has now become so popular that various government departments like the Telephone Department, Traffic, and the Electricity Boards have begun to hold Lok Adalats solving hundreds of cases in a single day. It is the need of the hour that Lok Adalats are organised more frequently, and their jurisdiction is expanded. There are lakhs of cases pending in different courts all over India. These courts can play an important role in the settlement of family feuds, disputes between neighbours, and minor cases of assault and injury. Weaker sections of society cannot afford the delay or the costs involved in court procedures. The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats have already been set up for the settlement of all pending disputes concerning Delhi Development Authority, Mahanagar Telephone Nigam, Municipal Corporation, and National Insurance Co. Ltd.
Extra/additional MCQs
1. How many High Courts are there in India?
A. 21
B. 22
C. 25
D. 30
Answer: C. 25
50. In which year was the first Lok Adalat held?
A. 1980
B. 1982
C. 1984
D. 1986
Answer: B. 1982
Extra/additional questions and answers
1. How many High Courts are there in India?
Answer: 25.
82. What is the significance of the first Lok Adalat held in Junagarh, Gujarat?
Answer: The first Lok Adalat held in Junagarh, Gujarat, on March 14, 1982, marked the beginning of a new approach to dispute resolution in India. This event demonstrated the effectiveness of Lok Adalats in providing quick and amicable settlements to disputes, particularly for those who could not afford the costs of legal proceedings. The success of this first Lok Adalat led to the institutionalization of Lok Adalats through the Legal Services Authorities Act, 1987, which formalized the process and expanded its reach across the country. The significance of this event lies in its role in shaping an accessible and efficient alternative dispute resolution mechanism that has since become an integral part of the Indian legal system.
Ron’e Dutta is a journalist, teacher, aspiring novelist, and blogger who manages Online Free Notes. An avid reader of Victorian literature, his favourite book is Wuthering Heights by Emily Brontë. He dreams of travelling the world. You can connect with him on social media. He does personal writing on ronism.
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