Extra 15 important long questions and answers chapter High Court from Class 11 Political Science:
1. What is the structure and jurisdiction of the High Court in India?
Answer:
The
High Court
is the highest judicial authority in each state or union territory.
It has both
original
and
appellate jurisdiction
.
In its original jurisdiction, the High Court deals with cases related to
fundamental rights
and cases specified by the Constitution.
It can issue
writs
for the enforcement of fundamental rights under
Article 226
.
The High Court has
appellate jurisdiction
, which means it hears appeals from lower courts like the District Courts and Sessions Courts.
The jurisdiction of the High Court extends only to the
state or states
in which it is established.
2. How are the judges of the High Court appointed?
Answer:
Judges of the High Court are appointed by the
President of India
.
The
Collegium system
plays a significant role in selecting judges, which involves consultations between the
Chief Justice of India
and senior judges.
The
Chief Justice of the state High Court
is appointed after consultation with the Chief Justice of India.
The
President
consults the Governor of the state and Chief Justice of India before making appointments.
The appointments are made based on seniority, competence, and integrity.
Judges are appointed for
life
or until they reach the age of
62
years, whichever is earlier.
3. Discuss the jurisdiction of the High Court with examples.
Answer:
The High Court has
original jurisdiction
to hear cases that fall under the Constitution, especially those involving
fundamental rights
.
It can issue
writs
like
Habeas Corpus, Mandamus, Certiorari
, and
Prohibition
for the protection of fundamental rights.
The High Court has
appellate jurisdiction
to hear appeals from
lower courts
(District Courts, Sessions Courts).
It hears cases related to
civil
and
criminal matters
that are significant or involve appeals from lower courts.
The High Court also has jurisdiction over
election petitions
regarding the validity of elections.
In some cases, the High Court may have
extra-constitutional jurisdiction
based on specific state laws or acts passed by Parliament.
4. What is the power of the High Court to issue writs?
Answer:
The High Court has the power to issue
writs
under
Article 226
of the Indian Constitution.
The writs issued by the High Court can enforce
fundamental rights
or direct state or government authorities to perform duties.
The
types of writs
include:
Habeas Corpus
: Protects individual freedom and orders the release of a person unlawfully detained.
Mandamus
: Directs a public authority to perform a duty it has failed to perform.
Certiorari
: Orders a lower court or tribunal to send the record of a case for review.
Prohibition
: Prevents a lower court or tribunal from exceeding its jurisdiction.
Quo
Warranto
: Ensures that a person holding a public office is legally qualified for the position.
The High Court can issue writs not only for the protection of
fundamental rights
but also for
any other legal rights
.
5. What are the powers and functions of the Chief Justice of the High Court?
Answer:
The
Chief Justice of the High Court
is the head of the High Court and is responsible for the administration of justice in the state.
The Chief Justice allocates
cases
and assigns judges to hear them.
The Chief Justice supervises the
working
of all judicial officers in the state, including district judges and subordinate courts.
They are the
chief spokesperson
for the High Court, representing the court in public and with the government.
The Chief Justice plays an important role in the
appointment
of judges to the High Court.
They ensure that the court operates in a
transparent, efficient, and fair manner
.
6. Explain the appellate jurisdiction of the High Court.
Answer:
The High Court has appellate jurisdiction, which means it hears appeals from
lower courts
, including
District Courts
and
Sessions Courts
.
In criminal cases, the High Court can hear
appeals
against the judgments of Sessions Courts, including appeals in
capital punishment
cases.
The High Court also hears
civil appeals
from the lower courts, such as family disputes, land disputes, and property matters.
It has the power to
reverse
or
modify
the decisions of lower courts.
The High Court can also hear
first appeals
(appeals on points of law or fact) and
second appeals
(appeals on points of law) under its appellate jurisdiction.
The High Court's appellate jurisdiction ensures the
accuracy
and
fairness
of lower court judgments.
7. What is the process for the removal of a High Court judge?
Answer:
A High Court judge can be removed by the
President of India
for
misbehavior
or
incapacity
.
The process of removal starts with a
motion
being moved in
either House of Parliament
.
The motion must be passed by a
two-thirds majority
in both Houses of Parliament.
An inquiry into the allegations of misconduct is conducted by a
committee
.
If the judge is found guilty of the charges, the
President
can issue an order to remove the judge.
The impeachment process ensures judicial
accountability
while protecting the independence of the judiciary.
8. What is the tenure of a High Court judge and what are the conditions for their removal?
Answer:
A judge of the High Court holds office until they reach the age of
62 years
.
The judge cannot be removed arbitrarily. The procedure for removal is detailed under the
Indian Constitution
and can only be initiated through an
impeachment motion
in Parliament.
Judges are removed on grounds of
misconduct
or
incompetence
, but the motion must pass with a
two-thirds majority
in both Houses of Parliament.
The independence of the judiciary is ensured as judges cannot be dismissed without due process.
The
President of India
is responsible for the removal, but it can only occur after the motion is passed in Parliament.
Judges cannot be removed for
personal reasons
or based on political influence, ensuring their impartiality.
9. How does the High Court contribute to the protection of fundamental rights?
Answer:
The High Court plays a significant role in the protection of
fundamental rights
guaranteed by the Constitution.
Under
Article 226
, the High Court has the power to issue writs for the enforcement of fundamental rights.
It can issue writs like
Habeas Corpus
to protect personal liberty and
Mandamus
to ensure the enforcement of legal duties.
The High Court can
review executive actions
that violate fundamental rights, ensuring that the government does not overstep its boundaries.
Through
judicial review
, the High Court ensures that laws passed by the legislature do not infringe upon the fundamental rights of citizens.
It serves as an important
safeguard
for citizens' rights and liberties, promoting justice.
10. What is the significance of the writ of Habeas Corpus in the High Court's jurisdiction?
Answer:
The writ of
Habeas Corpus
is one of the most important writs issued by the High Court.
It is issued to ensure the
production
of an individual who has been
unlawfully detained or imprisoned
.
The writ safeguards personal liberty and ensures that no one can be detained without a valid reason.
The High Court can issue this writ on the application of any person who believes that their
fundamental rights
have been violated.
Habeas Corpus can be used to challenge
illegal detention
and ensure that people are not deprived of their liberty unlawfully.
It is a critical tool for protecting
individual rights
against state power.
11. How does the High Court handle election petitions?
Answer:
The High Court handles election petitions under
Article 329
of the Constitution.
It can hear disputes regarding the
validity of elections
to the state legislature and Parliament.
The High Court examines whether the election process was
free, fair, and in compliance with the law
.
The High Court can nullify an election if it finds that the election was
fraudulent, illegal, or irregular
.
It has the power to declare the election of a candidate void if the election was marred by
corruption, undue influence
, or
disqualification
.
The High Court's role ensures the
integrity
of the electoral process and the
fairness
of elections.
12. What is the power of the High Court regarding state legislation?
Answer:
The High Court has the power to examine
state laws
to ensure they comply with the
Constitution
.
If a state law is found to be unconstitutional, the High Court can
declare it invalid
.
The High Court can also review whether a state law infringes upon the
fundamental rights
of citizens.
The High Court serves as a
check
on the state legislature to prevent unconstitutional legislation.
It ensures that
state laws
do not contradict or violate the provisions of the
Indian Constitution
.
The High Court thus plays an important role in protecting the
constitutional framework
at the state level.
13. What are the appellate powers of the High Court?
Answer:
The High Court exercises
appellate jurisdiction
over both
civil
and
criminal cases
decided by lower courts.
It hears appeals against the
judgments of District Courts, Sessions Courts
, and
Magistrate Courts
.
In criminal cases, the High Court can hear appeals regarding
convictions
,
sentences
, and
punishments
.
In civil cases, it reviews
decisions
related to contracts, property disputes, and other legal matters.
The High Court can
overturn
,
modify
, or
affirm
the decisions of lower courts based on
facts, law
, and
precedent
.
Its appellate function ensures that
justice
is delivered properly and
legal errors
in lower courts are corrected.
14. What is the role of the High Court in ensuring the rule of law in the state?
Answer:
The High Court ensures the
rule of law
by interpreting the Constitution and
upholding the law
in the state.
It ensures that the
government
and
other public authorities
act within the boundaries set by the law.
The High Court can issue writs like
Mandamus
and
Prohibition
to ensure that authorities
fulfill
their duties and do not exceed their powers.
It has the authority to
review the legality
of executive actions and legislative decisions.
The High Court promotes the
balance of power
and ensures that justice is administered impartially, without bias or corruption.
It acts as a guardian of the
legal rights
of individuals and maintains the
integrity
of the legal system.
15. How does the High Court contribute to the protection of human rights?
Answer:
The High Court plays an essential role in the protection of
human rights
through its
writ jurisdiction
.
It ensures that
fundamental rights
, like the right to equality, freedom, and dignity, are protected under
Article 226
.
The High Court issues writs like
Habeas Corpus
to prevent
unlawful detention
and ensure personal freedom.
It also ensures that the government does not violate the
human rights
of individuals through arbitrary actions or policies.
The High Court can act as a
guardian
of
environmental, social
, and
economic rights
as they intersect with fundamental rights.
Its judgments contribute to the development of
human rights jurisprudence
and ensure the
protection of vulnerable communities
.
