The High Courts and Subordinate Courts

  • The High courts are the principal civil courts of original jurisdiction in the state along with District Courts which are subordinate to the High Courts.The High Court is the highest court at the state level.
  • The High Court consists of the Chief Justice and other judges as the President may deem it necessary. There is also a provision for the appointment of ad-hoc Judges. The President consults the Chief Justice of India and the Governor of the State while appointing the Judges of the High Court. Their salaries and allowances are given from the Consolidated Fund of the State.
  • Constitutionally, Judges are prohibited from doing legal practice especially after retirement. On grounds of proven misbehaviour or incapacity a Judge of a State High court can be removed (impeachment resolution).
  • Writs can be issued in order to enforce Fundamental Rights. High Courts acts as a Court of Record like the Supreme Court of India. They too enjoy the power of judicial review like the Supreme Court of India.
  • An appeal to the Supreme Court depends on the certification by the High Court. An appeal can be made in case a Sessions Court awards a punishment for four years or more.
  • All High Courts have the power of superintendence over all courts and tribunals of the state. It has the authority to investigate or enquire into the records or other connected documents of any court subordinate to it.
  • Union Government took a decision to establish Fast Track Courts in order to cut down judicial delays. The 11th Finance Commission recommended for the creation of Fast Track Courts.
  • Most of the litigation cases of the people are decided by the subordinate courts which are at work at the local (district and tehsil) level. These courts are subordinate to the state high court.
  • Criminal courts work under the supervision and control of the session judge. Under the session judge there is a judicial magistrate who is usually called the chief Judicial Magistrate (CJM).
  • There is network of civil courts at the district level. At the top is the district judge. The session judge when hears civil cases is called the district judge.
  • The deputy commissioner heads the hierarchy of revenue courts. He is the collector of land revenue and undertakes land management.

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  • Q1

    Which kind of cases does the appellate jurisdiction of High Court deal with?

    Marks:1
    Answer:

    Civil and criminal cases are dealt in the appellate jurisdiction of the High Court.

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  • Q2

    Name the Act which regulates the impeachment process of the judge of a State High Court.

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    Answer:

    The process of impeachment is regulated by the Judges Inquiry Act 1968.

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  • Q3

    Mention the tenure of the Judge of the High Court including the Chief Justice.

    Marks:1
    Answer:

    The Judge of the High Court including the Chief Justice holds the office till he attains the age of 62.

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  • Q4

    Name the three states which have a common High Court.

    Marks:1
    Answer:

    Punjab, Haryana and Chandigarh have a common High Court.

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  • Q5

    Which body recommended for the creation of Fast Track Courts?

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    Answer:

    The 11th Finance Commission recommended for the creation of Fast Track Courts.

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