Laxmikanth Test: High Court - UPSC MCQ

It is said that the high court is the primary court of appeal i.e. it has power to hear the appeals against the judgment of the subordinate courts within its territories. This power can be classified into 2 categories-Civil jurisdiction and Criminal jurisdiction In civil cases its jurisdiction includes the orders and judgments of the district courts, additional district courts and other subordinate courts. In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions courts.

• Call for return from such courts

• May issue general rules and prescribe forms for regulating the practice and proceedings of such courts

• Prescribe the form in which books and accounts are being kept by the officers of any court

• Settle fees payable to the sheriff clerks, officers and legal practitioners

• Statement 1 – Incorrect
  While Article 227 grants wide powers of superintendence to the High Court, it is subject to legislation made by Parliament, and the High Court cannot interfere with administrative matters beyond what is constitutionally permitted.
  Hence, it is not entirely unrestricted.

• Statement 2 – Correct
  The High Court can exercise this power suo motu (on its own) without a formal appeal or petition.

• Statement 3 – Correct
  The power under Article 227 includes revisional elements, allowing the High Court to correct jurisdictional or legal errors in subordinate court judgments.

Therefore, Correct Answer - Option D

1. He should be a citizen of India.

2. (a) He should have held a judicial office in the territory of India for ten years; or 

(b) He should have been an advocate of a high court (or high courts in succession) for ten years. 

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of a high court. Moreover, unlike in the case of the Supreme Court, the Constitution makes no provision for appointment of a distinguished jurist as a judge of a high court.

1. Separating them from influence of Executive- Correct

• Judicial independence fundamentally requires separation from executive influence.
• Ensures impartiality and fairness in decision-making.

2. Giving them authority to appoint their own staff-  Correct

• Under Article 229, the Chief Justice of the High Court has the power to appoint staff and regulate service conditions.
• This administrative control is vital for independence.

3. Banning their practice after retirement- Correct (with clarification)

• As per Article 220, retired High Court judges cannot plead or act in any court where they served or its subordinate courts.
• Though not a complete ban, this restriction is crucial to prevent bias or expectation of future favor, and thus preserves judicial independence.

4. Giving the court the power to punish for its contempt-Correct

• Under Article 215, High Courts have the power to punish for contempt.
• This ensures their authority and dignity are maintained.

Therefore, Correct Answer- Option D

It is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction.

'Judicial Review' is the power of the Supreme Court (or High Courts) to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.

Hence, the correct option is 'B'.

The subordinate courts are regulated by specific articles in the Constitution. These articles ensure proper administration and functioning: Articles 233 to 237.

Hence, Correct Answer - Option A