The High Court (Indian Polity and Governance)

Total Questions: 42

11. The number of High Court of Judicature in India is- [U.P. Lower Sub. (Pre) 2008]

Correct Answer: (b) Twenty one
Solution:When this question was asked, there were 21 High Courts But there are 25 High Courts in India at present.

High Courts in India are the highest judicial authority in each state or Union Territory, overseeing subordinate courts. According to Article 231 of the Constitution, while each state generally has its own High Court, some states share a single court. India has 25 High Courts, with the Calcutta High Court, established in 1862, being the oldest, alongside Bombay and Madras High Courts. The Telangana and Andhra Pradesh High Courts were established in 2019. Each High Court is headed by a Chief Justice, with additional judges appointed by the President of India. The Madras Law Journal, started in 1891, reports judicial decisions.

12. Which one of the following High Courts has the Territorial Jurisdiction over Andaman and Nicobar Islands? [I.A.S. (Pre) 2003]

Correct Answer: (b) Calcutta
Solution:Kolkata High Court has territorial Jurisdiction over the Andaman and Nicobar Islands while Chandigarh comes under the Jurisdiction of the Punjab and Haryana High Court. Delhi has its own High Court while Puducherry comes under the Jurisdiction of Chennai High Court and Lakshadweep. comes under the Jurisdiction of Kerala High Court.

Territorial Jurisdiction of High Court

  • The Constitution of India provides for a High Court for each State.
  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-
    ∗ The Union Territories of Jammu and Kashmir and                      Ladakh have a common High Court.
  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

13. Which of the following High Courts has its jurisdiction over more than one state or Union Territory? [38th B.P.S.C. (Pre) 1992]

Correct Answer: (d) Bombay
Solution:Bombay High Court has Jurisdiction over more than one state or union Territory. It has Jurisdiction over the States of Maharashtra, Goa, the Union Territories of Dadra and Nagar Haveli and Daman and Diu.

Territorial Jurisdiction of High Court

  • The Constitution of India provides for a High Court for each State.
  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-
    ∗ The Union Territories of Jammu and Kashmir and                      Ladakh have a common High Court.
  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

14. How many High Courts in India have jurisdiction over more than one State (Union Territories not included)? [I.A.S. (Pre) 2008]

Correct Answer: (b) 3
Solution:Excluding the Union Territories, there are Three High Court having Jurisdiction over more than one State. They are: Arunachal Pradesh, Assam, Gauhati High Court Nagaland and Mizoram Maharashtra and Goa Bombay High Court Punjab and Haryana Punjab and Haryana High Court.

Territorial Jurisdiction of High Court

  • The Constitution of India provides for a High Court for each State.
  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-
    ∗ The Union Territories of Jammu and Kashmir and                      Ladakh have a common High Court.
  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

15. Which one of the following Indian States does not have its own High Court? [U.P.P.C.S. (Mains) 2005]

Correct Answer: (d) Manipur
Solution:When this question was asked, Manipur did not have its own High Court. It was under the Gauhati High Court. High Court of Manipur was established in March, 2013.

Territorial Jurisdiction of High Court

  • The Constitution of India provides for a High Court for each State.
  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-
    ∗ The Union Territories of Jammu and Kashmir and                      Ladakh have a common High Court.
  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

16. In which of these States, High Courts were established in March 2013? [U.P.P.C.S (Pre) 2013]

1. Arunachal Pradesh

2. Meghalaya

3. Mizoram

4. Tripura Choose the right answer from the given code:

Correct Answer: (b) only 2 and 4
Solution:In January 2013, the Indian Government established three new High Courts i.e., (Meghalaya, Manipur, and Tripura) in the North-Eastern States. These High Courts started working in March 2013.

Territorial Jurisdiction of High Court

  • The Constitution of India provides for a High Court for each State.
  • However, the 7th Constitutional Amendment Act of 1956 authorized the Parliament to establish a common High Court for two or more States or for two or more States and a Union Territory. For example-
    ∗ The Union Territories of Jammu and Kashmir and                      Ladakh have a common High Court.
  • The territorial jurisdiction of a High Court is co-terminus with the territory of a State.
  • The territorial jurisdiction of a common High Court is co-terminus with the territory of a State as well as a Union Territory.
  • The Parliament can extend the jurisdiction of a High Court to any Union Territory or exclude the jurisdiction of a High Court from any Union Territory.

17. Which of the following High Courts has the largest number of Benches? [U.P.P.C.S. (Mains) 2007]

Correct Answer: (e) (c) & (d)
Solution:The seat of the Calcutta High Court is in Kolkata, the capital of West Bengal. The Kolkata High Court extended its Circuit Bench in Port Blair, the Capital of the Andaman and Nicobar Islands in Jalpaiguri, the headquarters of the Jalpaiguri division of West Bengal. Madhya Pradesh High Court seat is at Jabalpur, and two temporary Benches are at Indore and Gwalior. Mumbai High Court has jurisdiction over the states of Maharashtra, Goa, the Union Territories of Daman and Diu and Dadra and Nagar Haveli. The Court has Benches in Nagpur, Aurangabad, and Panaji. The principal seat of the Guwahati High Court is at Guwahati in Assam. The Court has the Kohima Bench for Nagaland State, the Aizawl Bench for Mizoram State and the Itanagar Bench for Arunachal Pradesh State. Currently Mumbai and Gauhati High Courts have 3 Benches each.

18. Which one of the following is not the main jurisdiction of the High Court of a State? [U.P.P.C.S. (Mains) 2007]

Correct Answer: (a) Advisory jurisdiction
Solution:According to Article 143 of the Indian Constitution, the Advisory Jurisdiction is the main Jurisdiction of the Supreme Court, not of High Courts.

The Constitution does not contain detailed provisions w.r.t. the jurisdiction and powers of a High Court. It only lays down that the jurisdiction and powers of a High Court are to be the same as immediately before the commencement of the Constitution, with some additions such as revenue matters, writ jurisdiction, power of superintendence, consultative power, etc.
The present jurisdiction and powers of a High Court are governed by multiple sources, including:

  • the constitutional provisions,
  • the Letters Patent,
  • the Acts of Parliament,
  • the Acts of State Legislature,
  • the Indian Penal Code, 1860,
  • the Criminal Procedure Code, 1973, and
  • the Civil Procedure Code, 1908.

19. When the Chief Justice of a High Court acts in an administrative capacity, he is subject to: [I.A.S. (Pre) 1996]

Correct Answer: (a) The writ jurisdiction of any of the other judges of the High Court
Solution:The Chief Justice of a High Court acts in a dual capacity, Le judicial and administrative. In an administrative capacity, the Chief Justice of a High Court is subject to the Writ Jurisdiction of any other Judge of the High Court. He controls observes, superintendents and administrates the Lower Courts.

The Constitution does not contain detailed provisions w.r.t. the jurisdiction and powers of a High Court. It only lays down that the jurisdiction and powers of a High Court are to be the same as immediately before the commencement of the Constitution, with some additions such as revenue matters, writ jurisdiction, power of superintendence, consultative power, etc.
The present jurisdiction and powers of a High Court are governed by multiple sources, including:

  • the constitutional provisions,
  • the Letters Patent,
  • the Acts of Parliament,
  • the Acts of State Legislature,
  • the Indian Penal Code, 1860,
  • the Criminal Procedure Code, 1973, and
  • the Civil Procedure Code, 1908.

20. The Writ of Certiorari is issued by a Superior Court- [U.P.P.C.S. (Spl) (Mains) 2008]

Correct Answer: (a) To an inferior court to transfer the record of proceedings in a case for review.
Solution:The writ of Certiorari is issued to a lower court directing that the record of a particular case be sent up for review, together with all supporting files, evidence, and documents, usually with the intention of overruling the judgment of the lower Court. It is one of the mechanisms by which the fundamental rights of the citizens are protected.
  • As per Article 226 of the Indian Constitution, the High Court is empowered to issue writs for the enforcement of Fundamental Rights and any ordinary legal right.
  • The writ jurisdiction of the High Court is not exclusive but concurrent with the writ jurisdiction of the Supreme Court.
    ∗  It means, when the fundamental rights of a citizen are                    violated, the aggrieved party has the option of moving                      either the High Court or the Supreme Court directly.
  • However, the writ jurisdiction of the High Court is wider than that of the Supreme Court.
    ∗  While the Supreme Court can issue writs only for the enforcement of fundamental rights, the High Court can issue writs for the enforcement of Fundamental Rights as well as any ordinary legal right.