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Section B — Chapter 4

The Supreme Court

Class 10 - Total History & Civics Solutions

Multiple Choice Questions

Question 1

What is the maximum number of Judges that can be appointed in the Supreme Court, excluding the Chief Justice of India?

1. 30
2. 33
3. 34
4. 28

Answer

33

Question 2

What is the term of office of a judge of the Supreme Court?

1. Until he/she attains 63 years

2. Until he/she attains 70 years
3. Until he/she attains 60 years
4. Until he/she attains 65 years

Answer

Until he/she attains 65 years

Question 3

Which of the following statements about Judiciary in India are correct?

P: There are separate sets of laws for the Centre and the States.

Q: The Supreme Court of India consists of a Chief Justice and 25 other judges.

R: The Supreme Court exercises control over the functioning of other courts in India.

S: The judiciary in India is independent of the other two organs of the government i.e., Legislature and Executive.

1. R and S
2. R and S
3. P and Q
4. P and S

Answer

R and S

Question 4

Identify the qualifications for appointment as a Judge of the Supreme Court?

P: He/She has been for at least ten years a Judge of a High Court or two or more such courts in succession.

Q: He/She has been an advocate for at least ten years of a High Court or two or more such courts in succession.
R: He/She is a distinguished jurist in the opinion of the President.

S: He/She has been a member of important enquiry commissions.

1. P and Q
2. R and S
3. P and R
4. Q and R

Answer

Q and R

Question 5

The appellate jurisdiction of the Supreme Court extends to ................ .

1. Constitutional cases
2. Criminal cases
3. Civil cases
4. All of the above

Answer

All of the above

Question 6

The minimum number of judges to hear and decide a case involving interpretation of the Constitution shall be ................ .

1. Ten
2. Four
3. Five
4. Seven

Answer

Five

Question 7

Identify the cases in which the Supreme Court holds Original Jurisdiction?

P: To hear and determine a dispute between Government of India and one or more States.

Q: In cases involving the violation of the Fundamental Rights of individuals.

R: Appeals in criminal cases.

S: All matters that involve interpretation of the Constitution.

1. P, Q and S
2. Q, R and S
3. P, Q and R
4. P, R and S

Answer

P, Q and S

Question 8

As a "Court of Record" the Supreme Court has the power to ................ .

1. punish for contempt of itself

2. confer titles to appellants
3. declare evidence as indisputable
4. All of the above.

Answer

punish for contempt of itself

Question 9

Identify the functions of the Supreme Court of India.

P: To settle disputes between different ministries.

Q: To issue writs for the enforcement of Fundamental Rights.

R: To give its verdict on the interpretation of the Constitution.

S: To advice the Prime Minister of India on any question of law.

1. R and S
2. Q and R
3. Q and S
4. R and S

Answer

Q and R

Question 10

What is the full form of "PIL"?

1. Public Interest Law

2. Public Interest Litigation
3. People's Interest Litigation
4. People's Interest Law.

Answer

Public Interest Litigation

Question 11

A detained person has not been produced before the magistrate within 24 hours of arrest. Which legal remedy is available to him/her?

1. Writ of Mandamus
2. Writ of Quo Warrants
3. Writ of Habeas Corpus
4. Writ of Prohibition.

Answer

Writ of Habeas Corpus

Question 12

If the Supreme Court declares a law made by the Central Government as null and void, which power is used by it?

1. Revisory Jurisdiction
2. Judicial Review
3. Advisory Jurisdiction
4. All of the above.

Answer

Judicial Review

Assertion (A) & Reason (R)

Question 1

(A) Both the judiciary and the executive are involved in the appointment of Judges of the Supreme Court.

(R) Every Judge of the Supreme Court is appointed by the President of India in consultation with the Judges of Supreme Court and High Courts,
besides the Council of Ministers.

1. (A) is true, but (R) is false

2. (A) is false, but (R) is true
3. Both (A) and (R) are true, (R) is the correct explanation of (A)
 4. Both (A) and (R) are false.

Answer

Both (A) and (R) are true, (R) is the correct explanation of (A)

Explanation — The appointment of Supreme Court judges involves both the Executive (President and Council of Ministers) and the Judiciary
(Chief Justice of India and other judges from the Supreme Court and High Courts). This ensures a balanced approach in judicial appointments.

Question 2

(A) Both the Supreme Court and the High Courts have the power of Original jurisdiction to settle disputes between Central government and one
or more States and UTs.

(R) The Supreme Court has Original jurisdiction with regard to the enforcement of Fundamental Rights.

1. (A) is true, but (R) is false

2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false.

Answer

(A) is false, but (R) is true

Explanation — Assertion (A) is false because only the Supreme Court, not High Courts, settles disputes between the Centre and States under
original jurisdiction. High Courts do not have original jurisdiction in these cases.

Short Answer Questions

Question 1

Who determines the strength of the Supreme Court?

Answer

The Parliament determines the strength of the Supreme Court.

Question 2

By whom are the Judges of the Supreme Court appointed and how?

Answer

A group of senior Supreme Court judges, headed by the CJI would make recommendations to the President on who should be appointed as a
judge of the Supreme Court. The CJI is required to consult the four senior most judges of the Supreme Court and may also consult senior High
Court judges before making any recommendation to the President of India in this regard. This came to be known as the Collegium System which
allows a college of persons (judges) to appoint judges.

Question 3

With reference to the judiciary, what is meant by the term 'impeachment'? On what grounds can a judge of the Supreme Court be removed from
office?

Answer

A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or
incapacity. This charge needs to be proved only by a joint address by both houses of Parliament and supported by a two-third majority of
members present and voting. The word 'proved' is very important. It means that an allegation has been thoroughly examined by some impartial
tribunal. This procedure is known as impeachment.

A Judge of the Supreme Court cannot be removed from office except by an order of the President on the ground of proved misbehaviour or
incapacity.

Question 4

Who decides the salaries and other emoluments of the Judges of the Supreme Court? Under what circumstances can the salaries and allowances
of the Judges of the Supreme Court be reduced?

Answer

The salaries and other emoluments of the Judges of Supreme Court are decided by the President of India according to Article 125 of the
Constitution of India. The salaries of the judges cannot be reduced except during the period of financial emergency. Their salaries and
allowances are charged to the Consolidated Fund of India and so are not subject to vote of Parliament.
Question 5

Name the types of jurisdiction of the Supreme Court. In case of violation of the Fundamental Rights of individuals, which type of jurisdiction of
the Supreme Court is applicable?

Answer

The three types of jurisdiction of the Supreme Court are-

1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction

In case of violation of the Fundamental Rights of individuals, the Original jurisdiction of the Supreme Court is applicable.

Question 6

Mention any one power of the Supreme Court which is not enjoyed by other courts. What happens if either the Parliament or a State Legislature
passes any law that is against the Constitution?

Answer

One power of the Supreme Court, which is not enjoyed by other Courts, is that only Supreme Court has the right to revise its earlier decisions.

The Supreme Court has the power to review laws passed by the Union or State legislatures. If either the Parliament or a State Legislature passes
any law that is against the Constitution, the Supreme Court can declare the law 'ultra vires' or null and void. This power is referred to as the
power of judicial review.

Question 7

What is meant by the term 'Writ'? Name any two writs issued by the Supreme Court.

Answer

A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an act.

Two writs issued by the Supreme Court are-

1. Writ of Prohibition
2. Writ of Certiorari

Question 8

Who is the protector and final interpreter of the Constitution?

Answer

The Supreme Court of India is the protector and final interpreter of the Constitution.

Question 9

Mention two types under which an appeal in a criminal case lies to the Supreme Court.

Answer

Two types under which an appeal in a criminal case lies to the Supreme Court are-

1. Cases without the certificate of the High Court.

2. Cases with the certificate of the High Court.

The certificate of the High Court is not required in a case:

1. where the High Court has reversed the judgement of acquittal given by the Lower Court and punished the
accused with a death sentence.
2. which is withdrawn by the High Court from a Subordinate Court and sentenced the accused to death.

Question 10

State the difference between the Original jurisdiction and the Appellate jurisdiction.

Answer

The differences between the Original jurisdiction and the Appellate jurisdiction are as follows-
 Original Appellate
jurisdiction jurisdiction

Original
Appellate
Jurisdiction means
Jurisdiction
the power to hear
means the
and determine a
powers to grant
dispute in the first
special leave to
instance; i.e.,
appeal against
those cases which
the judgement
cannot be moved
delivered by any
in any court other
court in the
than the Supreme
country.
Court.

It deals with
Centre-State or
Inter-State
The appellate
disputes,
jurisdiction
protection of
extends to
fundamental
Constitutional,
rights, transfer of
civil and criminal
cases from lower
cases.
courts and
interpretation of
Constitution.

Structured Questions

Question 1

The Supreme Court is the apex court in the entire judicial set up in India. In this context answer the following questions:

(a) What is meant by the term Single Integrated Judicial System?

(b) Mention three kinds of cases which come under Appellate jurisdiction of the Supreme Court.

(c) Mention the types of cases that come under Original jurisdiction.

Answer

(a) Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex.
By the single integrated system we mean-

1. The Supreme Court is the head of the entire system and not only supervises but also exercises control over
the functioning of other courts.
2. There are no separate sets of laws and a single civil and criminal system operates throughout the country.
3. All cases coming from the Lower Courts can be taken to the High Court and ultimately to the Supreme Court,
by way of appeal.

Below the Supreme Court stand the High Courts of different States and under each High Court there is a hierarchy of other subordinate courts.

(b) Three kinds of cases which come under appellate jurisdiction of the Supreme Court are:

1. Constitutional Cases — All matters irrespective of the nature, where a certificate is issued by a High Court
that it involves an important point of law and needs interpretation of the Constitution, can be brought before
the Supreme Court. If the High Court refuses to give a certificate on such a case the Supreme Court can
grant special leave of appeal.
2. Civil cases — Appeals in civil matters lie to the Supreme Court, if the High Court certifies:
i. that the case involves a substantial question of law of general importance, and
ii. that the question needs to be decided by the Supreme Court
3. Criminal Cases — Two types of appeals in criminal cases lie in the Supreme Court.
i. Cases with the certificate of the High Court
ii. Cases without the certificate of the High Court. The certificate of the High Court is not required in a
case:
a. Where the High Court has reversed the judgement of acquittal given by the Lower Court and
punished the accused with a death sentence.
 b. A case which is withdrawn by the High Court from a Subordinate Court and sentenced the
accused to death.

(c) The types of cases that come under Original jurisdiction of Supreme Court are as follows:

1. Centre-State or Inter-State Disputes — The Supreme Court has been given exclusive original jurisdiction
in any dispute:
i. between Government of India and one or more States
ii. between Government of India and any State or States on one side and one or more States on the other
iii. between two or more States
2. Protection of Fundamental Rights — The original jurisdiction also extends to cases of violation of the
Fundamental Rights of individuals and the court can issue several writs for the enforcement of these rights.
3. Transfer of Cases from Lower Courts — The Supreme Court may transfer to itself cases from one or more
High Courts, if these involve questions of law or cases are of great importance. The Supreme Court may
transfer cases from one High Court to another in the interest of Justice.
4. Interpretation of Constitution — All cases where interpretation of the Constitution is required can be
directly filed in the Supreme Court. The Supreme Court has the power of exclusive jurisdiction in regard to
questions as to Constitutional validity of central laws.

Question 2

The independence of the judiciary is necessary in a federal democratic set-up. In this context, describe the part played by the following:

(a) Security of Tenure of Office.

(b) Security of Salary and Allowances of the Judges.

(c) Power to punish for Contempt of itself.

Answer

(a) A Judge can remain in office till he has attained the age of 65 years. He can be removed by the President on the ground of "proved
misbehaviour or incapacity."

(b) Judges' salaries, allowances, etc., shall not be changed to their disadvantage during their term of office. The salaries of the Judges cannot be
reduced except during periods of financial emergency. Their salaries and allowances are charged on the Consolidated Fund of India and so are
not subject to vote of Parliament.

(c) The Supreme Court can punish for the contempt of court if a person or authority makes an attempt to lower its authority.

Question 3

The Supreme Court has extensive jurisdiction. In this context answer the following:

(a) What is meant by 'Appellate Jurisdiction'? Name two types of cases in which an appeal shall lie to the Supreme Court.

(b) What do you understand by advisory functions of the Supreme Court? State the types of cases where the Supreme Court may be required to
express its opinion.

(c) What is meant by Revisory Jurisdiction of the Supreme Court?

Answer

(a) Appellate Jurisdiction means the powers to grant special leave to appeal against the judgement delivered by any court in the country. The
appellate jurisdiction extends to Constitutional, civil and criminal cases.

Two types of cases in which an Appeal shall lie to the Supreme Court are-

1. Constitutional cases
2. Civil cases

(b) The Supreme Court has advisory jurisdiction (to give its opinion) on any question of law or fact of public importance as may be referred to it
for consideration by the President of India.

The Supreme Court may be required to express its opinion in two classes of matters, in an advisory capacity:

1. Any question of law may be referred to the Supreme Court if the President considers that the question is of
public importance and it is necessary to obtain the opinion of the Supreme Court. Such opinion of the
Supreme Court is advisory and not binding on the Government nor is it executable as a judgement of the
Supreme Court.
2. Disputes arising out of pre-Constitution treaties and agreements which are excluded from original jurisdiction
by Article 131.
(c) The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or
error that might have crept in the judgement or order. This is because the Supreme Court is a court of record and its decisions are of evidentiary
value and cannot be questioned in any court.

Question 4

Discuss how the Constitution has ensured that the Supreme Court acts as:

(a) Custodian of the Constitution.

(b) Guardian of the Fundamental Rights.

(c) A Court of Records and its implication.

Answer

(a) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.

1. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity
of central laws.
2. The Supreme Court is the interpreter of the Constitution and its decision is final.
3. It has the power to review laws passed by the Union or State legislatures.
4. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the
Constitution or contravenes any provision of the Constitution. This power is referred to as the power of
judicial review.
5. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall
be five.
6. The Supreme Court has the power to review all National and State laws and executive orders and declare
them null and void, if they go against the provisions of the Constitution.

(b) The original jurisdiction of Supreme Court extends to cases of violation of the Fundamental Rights of individuals and the court can issue
several writs for the enforcement of these rights.

1. Any citizen whose rights are violated may move the Supreme Court for the enforcement of the rights.
2. The Supreme Court has power to issue orders or writs, in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights.
3. The Constitution prohibits the State from making any law which takes away or abridges the Fundamental
Rights.
4. If it does so, the law shall be declared null and void by the Supreme Court.

(c) A Court of Record is a court whose judgements are recorded for evidence and testimony.

1. The judgements are in the nature of 'precedents', i.e., the High Courts and other Courts are bound to give a
similar decision in a similar case. They are not to be questioned when they are produced before any
subordinate court.
2. The Supreme Court shall be a "Court of Record" and shall have all the powers of such a court including the
power to punish for contempt of itself.
3. The Court of Record has two implications:
(i) Its judgements and orders are preserved as record. These can be produced in any court as precedents.
(ii) If a person commits a contempt of court,. the court has the authority to punish him. No authority can
deprive the court of this right.

Question 5

Supreme Court has many functions to protect the interests of all citizens. In this context, answer the following questions:

(a) What is meant by Judicial Review?

(b) What is the significance of the power of Judicial Review?

(c) Mention three ways in which the Constitution ensures the independence of the Judges of the Supreme Court.

Answer

(a) The Supreme Court is the interpreter of the Constitution and its decision is final.

1. It has the power to review laws passed by the Union or State legislatures.
2. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the
Constitution or contravenes any provision of the Constitution. This power is referred to as the power of
judicial review.

(b) The Constitution has provided for a balance of powers between the Centre and the States. If the Union government or the State go beyond
their limits, the Supreme Court can settle the dispute.
 1. In a written Constitution a law may be ambiguously worked. The question of interpretation of the Constitution
is bound to arise and the Supreme Court only has the power of original jurisdiction.
2. The legislature may not possess the wisdom, experience and impartiality which are needed to explain what
the law means.

This function can be best performed by the Supreme Court.

(c) Three ways in which the Constitution ensures the independence of the Judges of the Supreme Court are-

1. Appointment of Judges — Every Judge of the Supreme Court is appointed by the President after
consultation with the Cabinet as well as the Judges of Supreme Court and High Court. Thus, the judiciary and
the executive are involved in the appointment of Judges.
2. Security of Tenure — A Judge can remain in office till he has attained the age of 65 years. He can be
removed by the President on the ground of "proved misbehaviour or incapacity."
3. Punishment for Contempt of Court — The Supreme Court can punish for the contempt of court if a
person or authority makes an attempt to lower its authority.

Picture Study

Question 1

Study the figure and answer the following questions:

(a) Identify the building in the picture. Where is it located? What is the position of this court in the entire judicial set up in India?

(b) State three qualifications required to be the judge of this court.

(c) How does this court maintain the sanctity of the Constitution of India?

Answer

(a) The figure shows the Supreme Court of India. It is located in New Delhi.

Under our Constitution the judiciary is a single integrated system of courts for the Union and the states with the Supreme Court at the apex. The
Supreme Court is the head of the entire system and not only supervises but also exercises control over the functioning of other courts.

(b) A person is not qualified for appointment as a judge of the Supreme Court unless he is a citizen of India, and

1. has been for at least five years a Judge of a High Court or of two or more such courts in succession; or
2. has been for at least ten years an advocate of a High Court or of two or more such courts in succession; or
3. is, in the opinion of the President, a distinguished jurist.

(c) All cases where interpretation of the Constitution is required can be directly filed in the Supreme Court.
 1. The Supreme Court has the power of exclusive jurisdiction in regard to questions as to Constitutional validity
of central laws.
2. The Supreme Court is the interpreter of the Constitution and its decision is final.
3. It has the power to review laws passed by the Union or State legislatures.
4. The Supreme Court can declare a law 'ultra vires' or null and void, if it is against the letter and spirit of the
Constitution or contravenes any provision of the Constitution. This power is referred to as the power of
judicial review.
5. The minimum number of Judges to hear and decide a case involving interpretation of the Constitution shall
be five.
6. The Supreme Court has the power to review all National and State laws and executive orders and declare
them null and void, if they go against the provisions of the Constitution.

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1. Home
2. Class 10 - Total History & Civics Solutions
3. The High Courts and Subordinate Courts
Section B — Chapter 5

The High Courts and Subordinate Courts

Class 10 - Total History & Civics Solutions

Multiple Choice Questions

Question 1

Out of the following Union territories, which Union territory has a High court of its own?

1. Chandigarh
2. Ladakh
3. New Delhi
4. Lakshadweep

Answer

New Delhi

Question 2

What is the maximum age in order to be qualified for appointment as a Judge in High court?

1. 62 years
2. 68 years
3. 65 years
4. 60 years

Answer

62 years

Question 3

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 atleast ................ .
 1. 15 years
2. 10 years
3. 5 years
4. 12 years

Answer

10 years

Question 4

Which of the following are the qualifications required to be a Judge of a High Court?

P : He/She should not be over 62 years of age.

Q : He/She has been an advocate of a High Court for at least ten years.

R : He/She should have been distinguished Jurist.

S : He/She has held a judicial office in the territory of India for at least five years.

1. P and R
2. R and S
3. P and Q
4. P and S

Answer

P and Q

Question 5

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 practise 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.

1. P and Q
2. R and S
3. Q and R
4. P and R

Answer

R and S

Question 6

Every High court has the power to interpret the Constitution. This power is known as ............... .

1. Judicial Review
2. Constitutional Review
3. High Court Review
4. Interpretation Review

Answer

Judicial Review

Question 7

.................. of High court means that the power to accept appeals against decisions of District courts, in civil as well as criminal matters.

1. Revisory jurisdiction
2. Judicial jurisdiction
3. Appellate jurisdiction
4. Advisory jurisdiction
Answer

Appellate jurisdiction

Question 8

................ Jurisdiction means that the High court can call for the record of a case which has been decided by a subordinate court:

1. Advisory
2. Appellate
3. Confirmatory
4. Revisory

Answer

Revisory

Question 9

All ................. are empowered to issue writs.

1. High Courts
2. District courts
3. Members of Parliament
4. Ministers of the Cabinet

Answer

High Courts

Question 10

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 have the power of Judicial Review.

S : The High Court cannot issue writs.

1. Q and R
2. P and S
3. P and Q
4. R and S

Answer

Q and R

Question 11

A Munsif court is authorised to deal with civil cases involving not more than ............... .

1. ₹ 15,000
2. ₹ 20,000
3. ₹ 30,000
4. ₹ 50,000

Answer

₹ 20,000

Question 12

When a judge decides Civil cases, he/she is called ................ and when he/she decides criminal cases, he/she is called ................ .

1. Sessions Judge; District Judge

2. District Judge; Sessions Judge
3. Magistrate; District Judge
4. Magistrate; Sessions Judge
Answer

District Judge; Sessions Judge

Question 13

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.

1. P and Q
2. P and R
3. P and S
4. R and S

Answer

P and R

Question 14

First class Magistrate can award imprisonment upto ................ years and/or a fine of ₹ .................

1. 4 years ; ₹ 20,000
2. 3 years ; ₹ 10,000
3. 3 years ; ₹ 5,000
4. 2 years ; ₹ 5,000

Answer

3 years ; ₹ 5,000

Question 15

Second class Magistrate can award imprisonment for not more than ............... years or impose a fine of ₹ ................... or both.

1. 1 year ; ₹ 1,000
2. 2 years; ₹ 5,000
3. 1 year; ₹ 2,000
4. 2 years; ₹ 1,000

Answer

2 years; ₹ 1,000

Question 16

Lok Adalat means ................ .

1. District Court
2. People's Court
3. High Court
4. Supreme Court

Answer

People's Court

Question 17

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 he would go to get speedy redressal of his
grievance?

1. Lok Adalat
2. Sessions Court
 3. High Court
4. Supreme Court

Answer

Lok Adalat

Question 18

Read the excerpt given below and answer the question that follow:

From the 29th of July to the 3rd of August 2024, the Supreme Court is organising a special Lok Adalat. This is part of a series of activities
which the Supreme Court is observing, to commemorate the 75th year since the establishment of the Supreme Court. Most significantly, we are
all as judges, as people, dedicated to the institution of justice concerned about the large backlog of cases.

— The Chief Justice of India, video message announcing the Special Lok Adalat

Which of the following is true about the Lok Adalat?

(i) Saves money

(ii) Reduces burden on other courts
(iii) Works on compromise
(iv) Speedy justice

1. All of them
2. (i) and (ii)
3. (i), (ii) and (iii)
4. (ii) and (iv)

Answer

All of them

Question 19

Court A aims to provide a simplified and efficient mechanism for dispute resolution. It is designed to address a range of issues such as civil,
petty criminal, family, property, labour, bank loan, revenue, forest, motor accident claims, and challan or e-challan cases. Identify Court A.

1. High Court
2. Sessions Court
3. Lok Adalat
4. All of the above

Answer

Lok Adalat

Assertion (A) & Reason (R)

Question 1

(A) A District Judge possesses administrative power in addition to judicial power.

(R) A Sessions Judge does not perform any administrative powers.

1. (A) is true, but (R) is false

2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false.

Answer

Both (A) and (R) are true, but (R) is not the correct explanation of (A)

Explanation — The District Judge exercises administrative control over all Civil Courts in the district. Hence, a District Judge possesses both
administrative and judicial power. On the other hand, a Sessions Judge primarily handles criminal cases and does not perform administrative
functions. While both Assertion (A) and Reason (R) are true, Reason (R) does not explain Assertion (A), as they are two separate facts.

Question 2

(A) The Lok Adalats provide legal aid and quick justice to those who cannot afford to engage lawyers.

(R) The Lok Adalats restrict social justice by providing legal aid to weaker sections of society only.
 1. (A) is true, but (R) is false
2. (A) is false, but (R) is true
3. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
4. Both (A) and (R) are false.

Answer

(A) is true, but (R) is false

Explanation — Lok Adalats do provide legal aid and speedy justice, especially to those who cannot afford it, but they promote, not restrict,
social justice.

Short Answer Questions

Question 1

Name two High Courts of India whose jurisdiction extends to more than two States.

Answer

Guwahati High Court and Chandigarh High Court are the two High Courts of India whose jurisdiction extends to more than two States.

Question 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:

1. additional judges for a temporary period not exceeding two years.

2. an acting Judge, when a permanent Judge is temporarily absent or unable to perform his duties or is
appointed to act temporarily as Chief Justice.

Question 3

Who administers the Oath of office to the High Court Judges? By whom is the Chief Justice of a High Court appointed?

Answer

A Judge of a High Court, before he enters upon his office, shall take an Oath before the Governor of the State, or some person appointed in that
behalf by him.

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.

Question 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.

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.

Question 5

Who decides the salaries and allowances of the Judges of the High Court?

Answer

The Chief Justice of a High Court and other Judges of the High Court are paid a monthly salary, as decided by the Parliament.

Question 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 enjoys original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution. All the High Courts are
empowered to issue 'writs'. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. These writs are
greatly instrumental in the protection of Fundamental Rights of the citizens.

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. This is known as the Revisory Jurisdiction of the High Court.

Question 7

Read the excerpt given below and answer the question that follows:

Over 1.14 Crore Cases Settled in Lok Adalats

Among the cases settled were criminal compoundable offences, traffic challans, revenue cases, bank recovery
cases, motor accident claims, cheque dishonour cases, labour disputes, matrimonial disputes (excluding divorce
cases), land acquisition cases, IPR or consumer matters, and other civil cases.

— The Deccan Herald September, 2024

With reference to the above news, state which advantage of the court is being highlighted?

Answer

The advantage of the court being highlighted in the excerpt is "Speedy and cost-effective justice."

Lok Adalats help in reducing the backlog of cases by providing a quick resolution through compromise and mutual settlement, ensuring that
disputes are settled efficiently without the need for prolonged litigation.

Question 8

Mention two types of Subordinate Courts in a State.

Answer

Two types of Subordinate Courts in a State are-

1. The Court of the District Judge

2. Court of Civil Judge

Question 9

What is meant by the term Civil Cases? Which type of cases are known as Criminal Cases?

Answer

Civil cases are related to land, property and money transactions, arbitration, guardianship, marriages, divorce and cases involving a Will.

Criminal cases are related to murder, robbery, theft, assault, etc.

Question 10

Which is the highest Civil Court in a District? Name the highest Criminal Court in a district.

Answer

District Judge or the Additional District Judge's Court is the highest Civil Court in a district.

Sessions Judge's or Additional Sessions Judge's Court is the highest Criminal Court in a district.

Question 11

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 District Judge is the highest Judicial Official at the district level for civil and criminal cases.

The District Judge and the Additional District Judge are appointed by the Governor in consultation with the Judges of High Court of the
concerned State.
Structured Questions

Question 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?

(b) State three qualifications for appointment as a Judge of the High Court.

(c) Mention two ways in which the Constitution ensures the independence and impartiality of the High Courts.

Answer

(a) 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.

1. Other Judges of a High Court are appointed by the President.

2. 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) According to the Constitution, a person shall be qualified for appointment as a Judge of a High Court under the following conditions:

1. He should be a citizen of India.

2. He should not be over 62 years.
3. He has held a judicial office in the territory of India for at least ten years or he has been an advocate of a
High Court for at least ten years.

(c) The independence of High Courts is ensured by undertaking the following measures:

1. Full control over its procedure of work and establishment.

2. The High Court can punish a person for contempt of court if its authority is lowered.

Question 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.

(b) Mention two types of cases in which the High Court exercises Appellate Jurisdiction.

(c) How does the High Court control the power of the Legislature and the Executive?

Answer

(a) High Courts have original jurisdiction, that is, the power to hear and decide cases at the first instance. It has original jurisdiction in the
following cases:

1. Matters relating to State revenue and its collection.

2. Cases regarding wills, divorce, marriage, company law and contempt of court may be referred or brought
before the High Court directly.

(b) Two types of cases in which the High Court exercises Appellate Jurisdiction are-

1. Civil cases — Appeals can be brought to the High Court:

i. in matters concerning land revenue, and
ii. in cases where a blatant injustice has been committed by any Tribunal. In such cases, the High Court
may quash the order of the Tribunals.
2. Criminal cases — In criminal cases appellate jurisdiction consists of appeals:
i. Against the judgement of a Sessions Judge or an Additional Sessions Judge, where the sentence of
imprisonment exceeds seven years.
ii. Against the judgements of an Assistant Sessions Judge, the Chief Metropolitan Magistrate or other
Judicial Magistrates, where the sentence of imprisonment exceeds four years.

(c) The High Courts control the power of the Legislature and the Executive by the power of Judicial Review.

1. If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes
the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null
and void'.
2. The High Court has the power of considering the Constitutional validity of any State law or executive order or
ordinance.
Question 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?

(b) How does the High Court act as a protector of Fundamental Rights?

(c) What do we mean when we say that the High Court is a 'Court of Record'?

Answer

(a) Every High Court has the power to interpret the Constitution. This power is known as the power of Judicial Review.

1. If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes
the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null
and void'.
2. The High Court has the power of considering the Constitutional validity of any State law or executive order or
ordinance.

(b) All the High Courts enjoy original jurisdiction for the enforcement of Fundamental Rights guaranteed by the Constitution.

1. The High Courts can also issue writs for the enforcement of Fundamental Rights.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

(c) The High Court is a 'Court of Record' like the Supreme Court. It means:

1. All the judgements and orders are preserved as a record to be referred to by its courts in future cases. They
can be produced as precedents.
2. The law laid down by the High Court is binding on all subordinate courts in the State concerned. But it does
not bind the other High Courts, although it is of great significance and can be produced in support of an
argument.
3. The High Court can punish anyone who commits a contempt of its orders.

Question 4

With reference to the jurisdiction of High Courts, write short notes on:

(a) Revisory Jurisdiction of High Courts.

(b) Its power to issue Writs.

(c) Its power of Judicial Review.

Answer

(a) Revisory Jurisdiction means that the High Court can call for the record of a case which has been decided by a subordinate court.

1. 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.
2. Therefore, the High Court can review the case and take appropriate action on it. This is known as the
Revisory Jurisdiction of the High Court.
3. A revisory jurisdiction is applicable in the following cases:
(a) injustice or an error of law apparent on the face of the record.
(b) violation of the principles of natural justice.
(c) arbitrary authority leading to wrong judgements.
(d) flagrant error in procedure.

(b) All the High Courts are empowered to issue 'writs'.

1. A writ is an order from a judicial authority asking a person to perform some act or refrain from performing an
act.
2. The writs that are issued are Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
3. These writs are greatly instrumental in the protection of Fundamental Rights of the citizens.

(c) The High Court has the power of Judicial Review.

1. If any law, executive order or any ordinance passed by the State Legislature or any other authority infringes
the Fundamental Rights or contravenes any provision of the Constitution, the High Court can declare it 'null
and void'.
2. The High Court may withdraw a constitutional case from a Subordinate Court and deal with it or send it back
with its directions.
3. The 42nd Amendment Act, 1976, introduced provisions, where the power of the High Court to judge the
constitutionality of a State law was withdrawn during the Emergency.
 4. But with the repeal of certain parts of the 42nd Amendment, the High Courts regained their powers of
considering the Constitutional validity of any State law or executive order or ordinance.

Picture Study

Question 1

Study the picture and answer the following questions:

(a) Identify the court whose logo is given in the picture on the right. How do these courts function?

(b) What are the advantages of resolution of disputes through such courts?

(c) Do you think that these courts play an important role as an alternative dispute resolution mechanism? Give your reasons.

Answer

(a) The given picture shows the logo of Lok Adalats.

1. Lok Adalat means 'People's Court'.

2. It is an alternative dispute redressal mechanism where disputes/cases pending in the court of law or at pre-
litigation stage are settled amicably.
3. There is no court fee payable when a matter is filed in a Lok Adalat.
4. The Legal Services Authorities Act, (1987) provides that State or district authorities shall organise Lok Adalats
from time to time.
5. All decisions of the Lok Adalats shall be deemed to be decrees of a Civil Court and shall be binding on the
parties to the dispute.
6. Main condition of the Lok Adalat is that both parties in a dispute should agree for a settlement.
7. Voluntary organisations organise such courts in places like factories, farms, commercial complexes and
neighbourhood of the litigants to settle disputes in a spirit of harmony and compromise.
8. Cases are settled informally and cordially with the involvement of conflicting parties.
9. Lok Adalats also resolve cases which have not yet gone to any court.

(b) The advantages of resolution of disputes through Lok Adalats are-

1. Lok Adalats play important role in the settlement of family feuds, disputes between the 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 the parties feel satisfied.
2. 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.
3. The 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 society.

(c) 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.

1. It is the need of the hour that Lok Adalats are organised more frequently and their jurisdiction is expanded.
2. There are lakhs of cases pending in different courts all over India.
3. These courts can play important role in the settlement of family feuds, disputes between the neighbours and
minor cases of assault and injury.
4. Weaker sections of society cannot afford the delay or the costs involved in court procedures.
5. The institution of Lok Adalat tends to promote social justice as in Delhi where permanent Lok Adalats have
already been set up for settlement of all pending disputes concerning Delhi Development Authority,
Mahanagar Telephone Nigam, Municipal Corporation and National Insurance Co. Ltd.

All these points firmly indicate the importance of Lok Adalats as an alternative dispute resolution mechanism.
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