The High Court

Total Questions: 42

21. Which one of the following writs examines the functioning of subordinate courts? [U.P.P.C.S. (Mains) 2008]

(a) Quo Warranto
(b) Mandamus
(c) Certiorari
(d) Habeas Corpus

Correct Answer: (c) Certiorari

Solution:The writ of Certiorari is issued by the higher Court to a lower Court to examine the functioning of subordinate Court. The writ orders to he deliver in a case so that the higher court may review it.

22. Which among the following is issued when the procedure is pending in court? [U.P.P.C.S. (Pre) 2010]

(a) Mandamus
(b) Certiorari
(c) Prohibition
(d) Quo-Warranto

Correct Answer: (c) Prohibition

Solution:The writ of Prohibition is issued when the procedure is pending in Court. When the lower court hears any case out of its Jurisdiction, then upper Court takes over the case by issuing Prohibition writ.

23. Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). [I.A.S. (Pre) 1997]

Assertion (A): Willful disobedience or non-compliance of Court orders and use of derogatory language about Judicial behaviour amount to Contempt of Court.

Reason (R): Judicial activism cannot be practiced without arming the Judiciary with punitive powers to punish contemptuous behavior.

In the context of the above two statements which one of the following is correct?

(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

Correct Answer: (b) Both (A) and (R) are true but (R) is not the correct explanation of (A)

Solution:Both the Assertion and the Reason are correct but the Reason does not explain the Assertion. Hence option (b) is correct.

24. With reference to the writs issued by the Courts in India, consider the following statements: [I.A.S. (Pre) 2022]

1. Mandamus will not lie against a private Organisation unless it is entrusted with a public duty.

2. Mandamus will not lie against a Company even though it may be a Government Company.

3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

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

Correct Answer: (c) 1 and 3 only

Solution:Under Articles 32 and 226, the Supreme Court and High Court respectively issues five kinds of writ-Habeaus corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. Mandamus will not lie against a private organisation unless it is entrusted with public duty. Mandamus will be against a company if it is a government company. Thus statement (2) is wrong. Any public-minded person can be a petitioner to move the court to obtain the writ of Quo Warranto.

25. The power of High Court to issue writ covers: [U.P.P.C.S. (Pre) 1997]

(a) Constitutional Rights
(b) Statutory Rights
(c) Fundamental right
(d) All of above

Correct Answer: (d) All of above

Solution:The power to issue writs is given to the Supreme Court under Article 32 and the High Court under Article 226 to issue a writ of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. The power of the Supreme Court to issue writs is limited to Part III of the Constitution, but the High Court has the right to issue writs for enforcement of any of the rights conferred in Part III and for any other purpose (Legal Rights).

26. Consider the following statements and select the correct answer from the code given: [U.P.P.C.S. (Mains) 2004]

Assertion (A): High Courts are in better position to protect rights of Indian citizens than the Supreme Court.

Reason (R): Supreme Court can issue writs to protect only Fundamental Rights.

(a) Both (A) and (R) are true and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true but (R) is not a correct explanation of (A).
(c) (A) is true but, (R) is false.
(d) (A) is false but, (R) is true.

Correct Answer: (a) Both (A) and (R) are true and (R) is the correct explanation of (A).

Solution:Both the statements are correct. According to Article 32, the Supreme Court can issue writs only for the protection of fundamental rights, but according to Article 226, the High Court can issue writs not only in matters relating to fundamental rights but also in any other matter.

27. Consider the following statements: [I.A.S. (Pre) 2007]

1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.

2. After retirement from the office, a permanent Judge of a High Court can not plead or act in any Court or before any authority in India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Correct Answer: (a) 1 only

Solution:According to Article 217(1)(b), a Judge of the High Court may be removed from his office by the President in the manner provided in clause (4) of Article 124 for the removal of a Judge of the Supreme Court. So statement 1 is correct. According to Article 220, No person who, after the commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead or act in any Court or before any authority in India except the Supreme Court and the other High Courts.

28. A High Court Judge addresses his letter of resignation to- [48th to 52nd B.P.S.C. (Pre) 2008]

(a) The President
(b) The Chief Justice of India
(c) The Chief Justice of his High Court
(d) The Governor of the State

Correct Answer: (a) The President

Solution:According to Article 217(1)(a), a Judge of the High Court may, by writing under his hand addressed to the President, resign his office.

29. Against which Judge the Rajya Sabha passed the motion of impeachment in 2011, but he resigned to save himself before it could be passed by the Lok Sabha? [R.A.S/R.T.S.(Pre) 2012]

(a) Justice V. Ramaswami
(b) Justice Bhattacharya
(c) Justice Soumitra Sen
(d) Justice P.D. Dinakaran

Correct Answer: (c) Justice Soumitra Sen

Solution:Former Judge of Calcutta High Court, Justice Soumitra Sen was, charged for misappropriation of funds. So a motion of impeachment was passed against him in Rajya Sabha in 2011 It was also presented in Lok Sabha on 5 September, 2011 but he resigned from his post on 1-September 2011 define the bill was put in Lok Sabha.

30. What is the nature of the dispute of Babri Mosque Ramjanmabhoomi Case before Allahabad High Court? [45th B.P.S.C. (Pre) 2001]

(a) Writ petition
(b) Title suit
(c) Claim for compensation
(d) Judicial review petition

Correct Answer: (b) Title suit

Solution:The dispute of Babri Mosque Ramjanmabhoomi is presented before Allahabad High Court as a case of Title Suit, in which two separate communities have claimed for the same land and property.

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