Supreme Court, High Courts _ Solved Worksheets

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The Hyderabad Public School, Begumpet

Department of History
Class - 10

The Supreme Court and the High Courts.

1. State the composition of the Supreme Court.


Ans. The Supreme Court of India consists of a Chief Justice and not more than 33 other Judges.
2. What qualifications are required to be a Judge of the Supreme Court?
Ans. Has been at least five years a Judge of a High Court or of two or such courts in succession
has been for at least ten years an advocate of a High Court or of two or more such
Courts in succession.
Is in the opinion of the President, a distinguished jurist.
3. By whom are the Judges of the Supreme Court appointed and how?
Ans. Every Judge of the Supreme Court is appointed by the President of India in consultation
with the Judges of the Supreme Court and High Courts, besides the Council of Ministers. In
the case of the Chief Justice, usually the senior most judge of the Supreme Court is consulted.
4. Mention the ways in which the Constitution ensures the independence of the Judges of the
Supreme Court.
Ans. Appointment of Judges
Removal of Judges
Security of Tenure
Security of salaries and service conditions
Freedom to announce decisions and decrees
Punishments for contempt of Court
Full control over its procedure of work and establishment.
No discussion in the legislature on the conduct of Judges
Prohibition of practice after retirement
5. What is the term of office of a Judge of the Supreme Court?
Ans. A Judge of the Supreme Court shall hold office until he attains the age of 65 years.
6. On what grounds can a judge of the Supreme Court be removed from office?
Ans. 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 by the process of
impeachment.
7. What is meant by Original Jurisdiction of the Supreme Court? Give examples.
Ans. Original Jurisdiction means the power to hear and determine a dispute in the first
instance,i.e those cases which cannot be moved in any court other than the Supreme Court.
Examples: Centre-State or Inter-States disputes
Protection of the Fundamental Rights
Transfer of cases from Lower Courts
Interpretation of Constitution
8. What is meant by Appellate Jurisdiction of the Supreme Court? Give examples.
Ans. Appellate Jurisdiction means the power to grant special leave to appeal against the
Judgement delivered by any court in the country.
Examples. 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.
2. Civil Cases: Appeals in civil matters lie to the Supreme Court, if the High Court certifies that
the case involves a substantial question of law of general importance, and 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, cases without
the certificate of the High Court and cases with the certificate of the High Court.

9. What do you mean by advisory functions of the Supreme Court?

Ans. 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.

10. What do you mean by Revisory jurisdiction of the Supreme Court?

Ans: The Supreme Court 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.

11. What is meant by Judicial Review of the Supreme Court?

Ans. The Supreme Court is the interpreter of the Constitution and its decision is final. It has the
power to review laws passed by the Union and State legislatures. 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 is referred to as the power of Judicial
Review.

12. What is the need for Judicial Review?

Ans: 1. In a written Constitution a law may be ambiguously worked.

2. The legislatures may not possess the wisdom, experience and impartiality which are

Needed to explain what the law means.

13. Explain the function of the Supreme Court as a Court of Record?

Ans: A Court of Record is a court whose judgements are recorded for evidence and testimony.
The Judgements are in the nature of Precedents i.e the High Courts and the other Courts are
bound to give similar decisions in similar cases. If a person commits a contempt of Court, the
Court has the authority to Punish him.

14 . What are the powers and functions of the Supreme Court? (pg no 228 & 229))

Ans: Settlement of Disputes, Enforcement of Fundamental Rights, Advisory Jurisdiction,

Revisory Jurisdiction, Judicial Review, Court of Record and Guardian of the Constitution.

The High Courts and the Subordinate Courts

1. State the composition of the High Courts.


Ans. Each High Court consists of a Chief Justice and such other Judges as the President of India may
appoint from time to time.
The President has the power to appoint additional judges for a temporary period not exceeding two
years, for the clearance of arrears of work in a High Court.
The President has the power to appoint 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.
2. What qualifications are required for appointment as a Judge of the High Court?
Ans. He should be a Citizen of India .He should not be over 62 years. 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.

3. How are the Chief Justice and other Judges of the High Court appointed?
Ans. The Chief Justice of a High Court is appointed by the President of India in consultation with the CJ of
the Supreme Court and the Governor of the concerned State. Other Judges are appointed by the
President. The President shall consult the CJ of India, the Governor of the State and the CJ of the
High Court in the matter of appointment of a Judge to the High Court.
4. What is the term of office of a Judge of the High Court?
Ans. A Judge of a High Court enjoys security of tenure and can remain in office till he has attained the
age of 62 years.
5. Who can remove a Judge of the High Court?
Ans. 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.
6. What is meant by Original Jurisdiction of the High Court?
Ans. 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.
Over matters relating to State revenue and its collection.
Cases regarding wills, divorce, marriage, company law and contempt of court may be
referred or brought before the High Court directly.
Every High Court has the power to interpret the Constitution. This power is known as the
power of Judicial Review.
The High Court enjoys original Jurisdiction for the enforcement of Fundamental Rights
guaranteed by the Constitution. It can also issue writs for the enforcement of Fundamental
Rights.
7. What is meant by Appellate Jurisdiction of the High Court?
Ans: Appellate Jurisdiction of High Court means that the High Court has the power to accept
appeals against the decision of District Courts in civil as well as criminal cases.
Examples: Only those Civil cases which are decided by the District Courts under the jurisdiction
of the High Court concerned, can be brought to the High Court by an appeal in matters
concerning land revenue, in cases where blatant injustice has been committed by any Tribunal.
In criminal cases appellate jurisdiction consists of appeals against the Judgement of s Session’s
Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds seven
years. A Sentence of death must be confirmed by the High Court it can be carried out.
8. State the powers of the High Courts.
Ans. High Courts have Original as well as Appellate jurisdiction in the settlement of disputes.
High Courts can issue Writs for the enforcement of Fundamental Rights.
High Courts can advise any Government department, legislature or the Governor, if they
Seek it, on matters of law.
High Court can call for the record of a case which has been decided by a subordinate
Court.
High Courts also have the power of judicial review. High courts can declare any provision
of the constitution as null and void if it infringes the Fundamental Rights or contravenes
any provision of the Constitution.
The High Court is a court of Record.
9. Mention three types of Subordinate Courts in a State.
Ans. Civil Courts, Criminal Courts and Revenue Courts
10. Which is the highest Civil Court in a District?
Ans. District Judge
11. Which is the highest Criminal Court in a District?
Ans. Session’s Judge
12. Which is the Highest Revenue Court in a District?
Ans. Board of Revenue
13. State three differences between the Court of the District Judge and the Sessions Court.
Ans. Pg no 240
14. What is meant by a Lok Adalat? What are its advantages?
Ans. Lok Adalat is the People's Court. The Lok Adalat works in the spirit of compromise and
understanding, both parties feel satisfied .Lok Adalat delivers fast and inexpensive justice. The
Lok Adalats reduces the workload of other courts

10. State three differences between the Court of the District Judge and the
Sessions Court.
Ans.
Court Of District Judge Session Court

1. It is the highest civil court of


1. It is the highest criminal court of
the district.
the district.

2.It is presided over by a district judge. 2.It is presided over by a session judge

3.The district judge decides civil


3. The session Judge decides
cases related to land, property ,
criminal cases like murder, theft,
money
dacoity, pick pocketing etc.
transactions , arbitration,
guardianship, marriage, divorce and
will.

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