About the Topic: High Court is an important Indian Polity topic covering the composition, appointment, powers, jurisdiction and functions of High Courts in India. Practice MCQ Questions with answers and explanations.
Consider the following statements regarding the High Courts in India:
There are eighteen High Courts in the country.
Three of them have jurisdiction over more than one state.
No Union Territory has High Court of its own.
Judges of the High Court hold office till the age of 62.
Which of these statements is/are correct?
Correct Answer:
(D)
4 only
The total number of High Courts are 25 in India. Among these, 7 have the jurisdiction over more than one States/Union Territories. Union Territory of Delhi and Jammu and Kashmir have its own High Court. Thus option (d) is correct.
Ques: 2
When the Chief Justice of a High Court acts in an administrative capacity, he is subject to:
Correct Answer:
(A) The writ jurisdiction of any of the other judges of the High Court
The Chief Justice of a High Court acts in dual capacity, i.e., judicial and administrative. In administrative capacity, the Chief Justice of a High Court is subject to the Writ Jurisdiction of any other Judge of High Court. He controls observes, superintendents and administrates the Lower Courts.
Ques: 3
The power of High Court to issue writ covers:
Correct Answer:
(D)
All of above
The power to issue writs is given to Supreme Court under Article 32 and High Court under Article 226 to issue a writ of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The power of Supreme Court to issue writs is limited to Part III of the Constitution, but the High Court has right to issue writs for enforcement of any of the rights conferred in Part III and for any other purpose (Legal Rights).
Ques: 4
Match it .
Habeas Corpus i. Be more fully informed
Mandamus ii. By which authority
Prohibition iii. We command
Certiorari iv. Let us have the body
Quo-Warranto v. Writ to Subordinate Courts
Codes:
A B C D E
Correct Answer:
(C) iv iii v i ii
The match is as follows :
Habeas Corpus - Let us have the body
Mandamus - We command
Prohibition - Writ to subordinate courts
Certiorari - Be more fully informed
Quo-Warranto - By which authority
Ques: 5
Which Article provides for the Governor’s power to grant pardons?
Correct Answer:
(B) Article 161
Article 161 of the Indian Constitution deals with the pardoning power of the Governor.
The power of the Governor to grant pardon, to suspend, remit or commute sentence in certain cases. The governor does not have the power to pardon the sentence inflicted by the court – martial on the convict.
Ques: 6
Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands?
Correct Answer:
(B) Calcutta
Calcutta High Court has the territorial Jurisdiction over the Andaman and Nicobar Islands while Chandigarh comes under the Jurisdiction of Punjab and Haryana High Court. Delhi has its own High Court while Puducherry comes under the Jurisdiction of Chennai High Court and Lakshadweep comes under the Jurisdiction of Kerala High Court.
Ques: 7
Which of the following High Courts has its jurisdiction over more than one state or Union Territory?
Correct Answer:
(D)
Bombay
Bombay High Court has its Jurisdiction over more than one State or Union Territories. It has Jurisdiction over the States of Maharashtra, Goa, Union Territory of Dadra and Nagar Haveli and Daman and Diu.
Ques: 8
With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.Which of the statements given above is/are correct?
Correct Answer:
(D)
neither 1 nor 2
Statement 1 is incorrect. The authority of the High Court to conduct judicial review is derived from Articles 226 and 227 of the Constitution. These provisions empower the High Court to assess the constitutionality of legislative and executive actions undertaken by both the central and state governments. If, upon review, any law is found to be in conflict with the Constitution (i.e., ultra vires), the High Court can declare it illegal and unconstitutional.
Statement 2 is also incorrect. According to the 'Basic Structure Doctrine' established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala, if any law or constitutional amendment enacted by Parliament infringes upon the essential features of the Constitution, the Supreme Court has the authority to review it. If found violative, such a law or amendment can be struck down and deemed invalid or ultra vires.
High Court
Ques: 9
Acting Judges are appointed in :
Supreme Court
Correct Answer:
(C) and
Provision for appointment of additional and acting Judges in the High Court comes under Article 224 of the Constitution of India. According to the Article 224 (1), if by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that court should be for the time being increased, duly qualified persons to be Additional Judges of the court for such period not exceeding two years as he may specify. According to the Article 224(2) when any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, a duly qualified person to act as a Judge of that court until the permanent Judge has resumed his duties. According to the Article 224(3), no person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.
Ques: 10
The term District Judge is mentioned in which of the following Article of Constitution?
Correct Answer:
(D)
Article 233
The term District Judge is mentioned in Article 233 of the Indian Constitution which deals with the appointment of District Judges.
Ques: 11
Consider the following statements:
The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
After retirement from the office, a permanent Judge of a High Court can not plead or act in any Court or before any authority in India.
Which of the statements given above is/are correct?
Correct Answer:
(A) 1 only
According to Article 217(1)(b), a Judge of High Court may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court. So, statement 1 is correct. According to Article 220, No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.
Ques: 12
A High Court Judge addresses his letter of resignation to–
Correct Answer:
(A) The President
According to Article 217(1)(a), a Judge of High Court may, by writing under his hand addressed to the President, resign his office.
Ques: 13
Against which Judge the Rajya Sabha passed the motion of impeachment in 2011, but he resigned to save himself before it could be passed by the Lok Sabha?
Correct Answer:
(C) Justice Soumitra Sen
Former Judge of Calcutta High Court, Justice Soumitra Sen was charged for misappropriation of funds. So, a motion of impeachment was passed against him in Rajya Sabha in 2011. It was also presented in Lok Sabha on 5th September, 2011 but he resigned from his post on 1st September 2011 before the bill was put in Lok Sabha.
Ques: 14
The mobile court in India is the brain child of –
Correct Answer:
(C) Dr. A.P.J. Abdul Kalam
Former President of India Dr. A.P.J. Abdul Kalam first imagined about mobile Courts. The first mobile Court of India was established in August 2007 in Mewat district of Haryana. It was inaugurated by contemporary Chief Justice KG Balkrishnan. The concept of the mobile Court is based on the pressing need to take the administration of civil and criminal justice closer to the people so that those living in remote areas could benefit without incurring the expenses of travelling to Courts at distant places.
Ques: 15
The transfer of judges from one High Court to another High Court may be made by the:
Correct Answer:
(D)
President of India after consultation with the Chief Justice of India
According to Article 222 of the Indian Constitution, the President has the power to transfer judges from one High Court to another, but they must consult with the Chief Justice of India before doing so.
Ques: 16
With reference to Lok Adalats, which of the following statements is correct?
Correct Answer:
(D)
None of the statements given above is correct.
The most important factor to be considered while deciding the cases at the Lok Adalat is the consent of both the parties. It cannot be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. The Lok Adalat is presided over by a sitting or retired judicial officer as the Chairman, with two other members, usually a lawyer and a social worker. Experience reveals that in Lok Adalats it is easier to settle money claims since in most of such cases the quantum alone may be in dispute. Sometimes it also considers criminal offences.