The High Court

Total Questions: 42

1. The authority to determine the number of Judges in a High Court rest with which of the following entities? [69th B.P.S.C. (Pre) 2023]

(a) The President
(b) The Chief Minister of the State
(c) The Prime Minister
(d) The Parliament

Correct Answer: (a) The President

Solution:The number of judges in a high court in India may be decided by the President of the country. According to Article 216 of the Indian Constitution, each High Court will have a Chief Justice and as many other judges as the President may decide to appoint on a case-by-come basis. Significantly. Article 216 states that every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint: Provided that the Judges so appointed shall at no time exceed in number such maximum number as the President may, from time to time, by order fix in relation to that Court.

2. Which among the following is not correct about a High Court in India? [U.P.P.C.S. (Mains) 2016]

(a) The second appeal to the High Court is within its appellate jurisdiction.
(b) Every judge of a High Court is appointed by the President
(c) Governor of the State appoints the Judges of a High Court.
(d) High Courts may accept a petition related to "Public interest ligation".

Correct Answer: (c) Governor of the State appoints the Judges of a High Court.

Solution:According to Article 217(1), every judge of a High Court shall be appointed by the President by warrant under his hand and seal. So, option (c) is wrong while other options are correctly related to High Courts in India.

3. According to which Article of the Indian Constitution, can the President of India (in consultation with the Chief Justice) transfer a Judge of a High Court from one court to another? [M.P.P.CS. (Pre.) 2022]

(a) Article 222
(b) Article 227
(c) Article 230
(d) Article 237

Correct Answer: (a) Article 222

Solution:As per the provision of Article 222 of the Indian Constitution, the President can transfer a judge from one High Court to another after consulting the Chief Justice of India. However, in the Third Judges case (1998), the Supreme Court opined that in case of the transfer of High Court judges, the Chief Justice of India should consult, in addition to the Collegium of four senior most judges of the Supreme Court, the Chief Justice of the two high courts (one from which the judge is being transferred and the other receiving him). Thus, the sole opinion of the chief justice of India does not constitute the consultation process.

4. Acting Judges are appointed in: [U.P.R.O/A.R.O. (Pre) (Re-Exam) 2016]

(a) Supreme Court
(b) District Court
(c) High Court
(d) Both (a) and (b)

Correct Answer: (c) High Court

Solution:Provision for the appointment of additional and acting Judges in the High Court comes under Article 224 of the Constitution of India. According to the Article 224 (13), if because of any temporary increase in the business of a High Court or by mason of armbars of work therein, it appears to the President that the number of the Judges of that court should be for the time being increased, duly qualified persons to be Additional Judges of the court for such period not exceeding two years as he may specify. According to the Article 224(2) when any lodge of a High Court other than the Chief Justice is by season of absence or for any other reason unable to perform the duties of his offer or is appointed so act temporarily as Chief justice, a duly qualified person to act as a Judge of that court until the permanent Judge has resumed his duties. According to the Article 224(3), no person appointed as an additional or acting Judge of a High Court shall hold office after attaining sixty-two years.

5. The salaries and allowances of the Judges of the High Court are charged to the: [I.A.S. (Pre) 2002, U.P.P.C.S. (Mains) 2013]

(a) Consolidated Fund of India
(b) Consolidated Fund of the State
(c) Contingency Fund of India
(d) Contingency Fund of the State

Correct Answer: (b) Consolidated Fund of the State

Solution:According to Article 202(3) (d), the salaries and allowances of the Judges of a High Court are charged to the Consolidated Fund of the State, but according to Article 112(3) (d), they get their pension from the Consolidated Fund of India.

6. The pension of a retired High Court Judge is charged to the- [U.P.P.C.S. (Mains) 2013]

(a) Consolidated Fund of India.
(b) Consolidated Fund of the State where he last served
(c) Consolidated Fund of the different States where he has served.
(d) Contingency Fund of India.

Correct Answer: (a) Consolidated Fund of India.

7. The age of retirement of a High Court Judge is- [M.P.P.C.S. (Pre) 1999]

(a) 65
(b) 60
(c) 62
(d) 58

Correct Answer: (c) 62

Solution:The retirement age of a Judge of the High Court is 62 years. It has been fixed under Article 217(1) by the 15% Constitutional Amendment 1963. Before that it was 60 years. 114 Amendment Hill for increase the retirement age of a High Court Judge from 62 to 65 years.

8. What is the maximum age limit of a High Court Judge- [M.P.P.C.S. (Pre) 2023]

(a) 160 years
(b) 62 years
(c) 58 years
(d) 36 years

Correct Answer: (b) 62 years

9. Consider the following statements: [I.A.S. (Pre) 2002]

1. There are 25 High Courts in India.

2. Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.

3. National Capital Territory of Delhi has a High Court of its own.

Which of the statements given above is/are correct?

(a) 2 and 3
(b) 1 and 2
(c) 1.2 and 3
(d) 3 only

Correct Answer: (c) 1.2 and 3

Solution:Presently there are 25 High Courts in the country. High Courts are instituted as Constitutional Courts under Part VI, Chapter V. Article 214 of the Indian Constitution. Union Territory of Delhi and Jammu & Kashmir have their own High Court. It is the only Union Territory to have a separate High Court. While Punjab, Haryana and the Union Territory of Chandigarh have a common High Court.

10. Consider the following statements regarding the High Courts in India: [I.A.S. (Pre) 2001]

1. There are eighteen High Courts in the country.

2. Three of them have jurisdiction over more than one state.

3. No Union Territory has High Court of its own.

4. Judges of the High Court hold office till the age of 62.

Which of these statements is were correct?

(a) 1, 2 and 4
(b) 2 and 3
(c) 1 and 4
(d) 4 only
(e) None of the above

Correct Answer: (e) None of the above

Solution:At present, the total number of High Courts are 25 in India. Among these, 7 have jurisdiction over more than one State Union Territory. Union Territory of Delhi and Jammu and Kashmir have its own High Court.

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