Students must practice these AP Inter 2nd Year Civics Important Questions 8th Lesson State Judiciary to boost their exam preparation.
AP Inter 2nd Year Civics Important Questions 8th Lesson State Judiciary
Long Answer Questions
Question 1.
Explain the powers and functions of the High Court.
Answer:
Powers and functions of the High Court:
The High Court exercises the following powers and functions.
1. Original Jurisdiction:
Every High Court in India has original jurisdiction in regard to matters of admiralty, will, marriage, divorce, company laws, contempt of court and certain revenue cases. Every High Court is empowered to issue directions, orders or writs for the enforcement of any of the Fundamental Rights. Every High Court is empowered to settle disputes relating to election of members of Parliament and State Legislatures.
Under Article 226, the High Courts is empowered to issue writs for enforcing Fundamental Rights. The High Court issue writs like Habeas-corpus, Certiorari, Mandamus, Quo-warranto and Injunction for protecting the Fundamental Rights of the India Citizens.
2. Appellate Jurisdiction:
Every High court hears appeals against the judgement of the subordinate courts. The Appellate Jurisdiction of the High Court extends to both Civil and Criminal Cases.
a) Civil Cases: An appeal to the High Court on the civil side is either a first appeal or a second appeal. In civil cases, appeal to the High Court lies from the decision of a District Court. Appeals can also be made from the subordinate courts directly provided the dispute involves a value of more than Rs. 5,00,000/- (or) a question of fact of law.
b) Criminal Cases:
In Criminal cases, it hears the appeals in which the accused has been sentenced to more than seven years imprisonment by the Sessions Judge. All cases involving capital punishment awarded by the Sessions Court come to High Court as appeals.
3. A Court of Record:
The State High Court acts as a Court of Record. It punishes persons for contempt of court, either with simple imprisonment of with fine or with both. It records all its decisions and judgements. Such records are of great significance. They carry evidentiary value. They are taken as Judicial precedents and cannot be questioned as refer to or produced before any court of law within the State.
4. Power of Judicial Review:
The State High Court possesses the power of judicial review like the Supreme Court. It is the power of High Court to examine the Constitutionally of legislature enactments and executive orders of both the Central and State Governments. On examination, if they are found to be violated of the Constitution (Ultra Vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the High Court.
5. Power of Certification:
High Court certifies certain cases which can go to the Supreme Court. That appeals which go to Supreme Court depend up on the issue of a certificate by the High Court.
6. Advisory functions:
The High Court is consulted by the State Governor in the matters of appointment, posting and promotion of District Judges and in the appointment of personnel to the Judicial Services of the State (Other than District Judges).
7. Administrative functions:
The High Court exercises certain administrative functions within its territorial jurisdictions.
- Under Article 227, every High Court has the power of supervision over all Courts and Tribunals functioning in its territorial jurisdiction except Military Courts or Tribunals in the State.
- It ensures the proper working of these courts. It exercises the power to make and issue general rules and regulations for securing the efficient working of the court.
- The High Court can transfer any case from one court to another court under Article 228 and can even transfer the case itself and decide the same.
8. Other functions:
- The High Court acts as the District Court where its head quarters are located.
- The Chief Justice of the High Court acts as the Governor on the direction of the President tentatively whenever the vacancy arises in that office.
- The High Court can admit Public Interest Litigation like the Supreme Court of India.
Question 2.
Write an essay on the District Level Courts.
Answer:
There are two types of sub-ordinate courts at District level in every state. They are A) Civil Courts and B) Criminal Courts.
A. Civil Courts:
The Civil Courts deal with civil suits regarding the matter like marriages, divorce, inheritance, business, etc. There will be District Civil Courts at the District Level. The District Judge acts as its head. He exercises control and supervision over other civil courts in the District.
There are some senior civil judge courts below the rank of the district civil courts. There are some other junior civil judge courts in addition senior civil judge courts. Judicial officers of subordinate courts are given here under.
- Principal District Judge
- Family Court Judge
- SC & ST Act Court Judge
- Senior Civil Court Judge
- Junior Civil Court Judge
The Principal District Court admits the cases pertaining to an amount of Rupees 10 Lakhs and above worth of property and deliver the judgements. The Principal District Judge is appointed through direct as well as indirect recruitment (By promotion).
B. Criminal Courts:
The Sessions Court is the highest criminal court in the district. The Sessions court acts as the superior court at the district level in handling the criminal matters. The Sessions Judge delivers judgements according to the provisions mentioned in the Indian penal code and the criminal procedure code. The following judges deal with at the district level.
They are:
- District Sessions Judge
- Senior Assistant Sessions Judge
- Junior Civil Judge
- Special Judicial Magistrate
The Principal District Judge will act as District Sessions Judge, who deals with the cases relating to murder and motor vehicles act violation cases and delivers the judgement and imposes life imprisonment or death sentences which are to be confirmed by the State High Court. The Senior Assistant Sessions Judge will impose an imprisonment of five to seven years, depending on the nature of the case.
Short Answer Questions
Question 1.
Explain briefly the composition of High Court.
Answer:
Composition:
Every High Court shall consist of a Chief Justice and some other Judges. The President of India may appoint them from time to time. Besides, the President has the power to appoint Additional Judges for a temporary period not exceeding two years as an acting Judge, where a permanent Judge of a High Court is temporarily absent or unable to perform his duties. Such Judges hold office until the permanent Judge resumes his office. The number of Judges varies from 5 in Gauhati High Court to 48 in the Allahabad High Court. Our Consitution does not specify the exact strength of High Court Judges and leaves it to the discretion of the President. Accordingly, the President determines the strength of a High Court from time to time depending upon its workload.
Question 2.
Write any two powers and functions of the State High Court. [March 2018,’16]
Answer:
The two powers and functions of the State High Court may be explained as follows.
1. Original Jurisdiction:
Every High Court in India has original jurisdiction in regard to matters of admiralty, will, marriage, divorce, company laws, contempt of court and certain revenue cases. Every High Court is empowered to issue directions, orders or writs for the enforcement of any of the Fundamental Rights. Every High Court is empowered to settle disputes relating to election of members of Parliament and State Legislatures.
Under Article 226, the High Courts is empowered to issue writs for enforcing Fundamental Rights. The High Court issue writs like Habeas-corpus, Certiorari, Mandamus, Quo-warranto and Injunction for protecting the Fundamental Rights of the India Citizens.
2. Appellate Jurisdiction:
Every High court hears appeals against the judgement of the subordinate courts. The appellate Jurisdiction of the High Court extends to both Civil and Criminal Cases.
a) Civil Cases:
An appeal to the High Court on the civil side is either a first appeal or a second appeal. In civil cases, appeal to the High Court lies from the decision of a District Court. Appeals can also be made from the subordinate courts directly provided the dispute involves a value of more than Rs. 5,00,000/- (or) a question of fact of law.
b) Criminal Cases:
In Criminal cases, it hears the appeals in which the accused has been sentenced to more than seven years imprisonment by the Sessions Judge. All cases involving capital punishment awarded by the Sessions Court come to High Court as appeals.
Question 3.
Explain the administrative functions of the High Court. [March-2019, May 2017,’16]
Answer:
The High Court exercises certain administrative functions within its territorial jurisdictions.
- Under Article 227, every High Court has the power of supervision over all Courts and Tribunals functioning in its territorial jurisdiction except Military Courts or Tribunals in the State.
- It ensures the proper working of these courts. It exercises the power to make and issue general rules and regulations for securing the efficient working of the court.
- The High Court can transfer any case from one court to another court under Article 228 and can even transfer the case itself and decide the same.
- The High Court has the power to investigate or enquire into the records or other connected documents of any court subordinate to it.
- It appoints its administrative staff and determines the salaries and allowances and other conditions of the personnel working in subordinate courts.
- It is empowered to withdraw any case involving the interpretation of the Constitution and dispose of the case itself.
Question 4.
Explain the powers and functions of District Court.
Answer:
The Principal District Court admits the cases pertaining to an amount of Rupees 10 Lakhs and above worth of property and deliver the judgements. The Principal District Judge is appointed through direct as well as indirect recruitment (By promotion).
The Family Courts are presided by judicial officers of the cadre of District Judges. This court takes up cases under Hindu Marriage Act relating to divorce, ordering interim maintenance, ordering custody of children, etc. In order to protect Scheduled Caste and Scheduled Tribes rights and to implement SC &ST Act strictly, there is a court for the entire district.
There are some courts namely Senior Civil Judge Courts which deal with the cases of property worth rupees above one lakh and below 10 lakhs and deliver the judgements.
Cases pertaining to property worth below one lakh will be taken up by Junior Civil Judge Court and the Judgements are delivered. There are some Nyaya Panchayats, Grama Kacheries, Adalat Panchayats and so on at the lowest level in the district to deal with local legal issues.
Question 5.
Discuss the powers and functions of State Advocate General. [March-2017]
Answer:
Powers and functions of State Advocate General:
As the highest law officer of the State Government, he exercises the following powers and functions:
- He advises the State government upon such legal matters which are referred to him by the Governor.
- He performs such other duties of a legal character that are assigned to him by the Governor.
- He discharges the functions and conferred on him by the Constitution.
- He appeared before any court of law within the State.
- He has a right to speak and to take part as member in the proceedings of the house(s) but no right to vote.
- He can also attend any of the Standing Committee meetings of State Legislature
Very Short Answer Questions
Question 1.
Appointment of High Court Judges. [Mar. ’19,’18,’17; May ’17]
Answer:
The Chief Justice of High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned State. The other Judges of High Court are appointed by the President with the consultation of the Chief Justice of the High Court of concerned State.
Question 2.
Qualifications of High Court Judges. [Mar. ’19,’16]
Answer:
- He should be a citizen of India.
- He should have held a judicial office in the territory of India for at least 10 years, (or)
- He should have been an advocate of a High Court or of two or more such courts for 10 years period.
Question 3.
High Court as a Court of Record. [May-2016]
Answer:
The State High Court acts as a Court of Record. It punishes persons for contempt of court, either with simple imprisonment or with fine or with both. It records all its decisions and Judgements. They carry evidentiary value. They are taken as Judicial precedents and cannot be questioned as refer to or produced before any court of law with in the state.
Question 4.
Advisory functions of High Court.
Answer:
The High Court is consulted by the State Governor In the matter of appointment, posting and promotion of District Judges and in the appointment of personnel to the Judicial Services of the State.