Daily Quiz – 25th Apr 2024

Statement 1 is incorrect: The 42^nd amendment act of 1976 curtailed the Judicial review power of the High Court. It debarred the high court from considering the constitutional validity of any Central law. But the 43rd Amendment Act of 1977 restored the original position.

Statement 2 is correct: In addition to the appellate jurisdiction and supervisory jurisdiction over the subordinate courts, the High Court has administrative control over them too. its laws are binding on all subordinate courts functioning within its territorial jurisdiction in the same sense as the law declared by the supreme court is binding on all Courts in India.

Statement 3 is correct: As a court of record, the high court has the power to review and correct its own judgement / order / decision even though in this case no specific power of review is conferred on the high courts by the constitution.

Statement 1 is incorrect: The Judges of the High Court are appointed by the president. The chief justice is appointed by the president after consultation with the Chief Justice of India and the governor of the state concerned. For the appointment of other judges, the president also consults the Chief Justice of the concerned High Court.

Statement 2 is incorrect: The constitution has not prescribed a minimum age for appointment as judge of high court. There are some qualifications required for a person to be appointed as the Judge of the High Court-

Statement 3 is correct: A judge of high court can be removed from his office by an order of the president; the president can issue the removal order only after an address by the Parliament has been presented to him in the same session for such removal. The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a special majority of its members in each house requesting him to remove the judge.

Statement 1 is correct: Supervisory Jurisdiction is a special power enjoyed by the High Court. It extends to all courts that lie within the territorial jurisdiction of the High Court. It is to be noted that it does not extend to military courts.

Statement 2 is correct: Supervisory Jurisdiction of the High Court extends to not only judicial but also in administrative matters like paying wages to court employees.

Statement 3 is incorrect: Article 226 of the Constitution empowers a high court to issue writs for the enforcement of the rights of the citizens and for any other purpose. The high court can issue writs not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.

Statement 1 is correct: The salary of High court judges is charged Expenditure which is decided by parliament of the country.

Statement 2 is incorrect: The salary of a high court judge is charged on a consolidated fund of States.

Statement 3 is correct: The given statement is true. Nothing substantial regarding jurisdiction of the high court is provided in the Constitution

Statement 1 is incorrect: The Constitution does not contain detailed provision to remove judges of the High Court. It is followed as per the provision of Judicial Inquiry Act, 1968.

Statement 2 is incorrect: The Constitution provides for grounds to remove judges of the High court which are proved misbehaviour or incapacity. Violation of the Constitution is not grounds for removal of a judge of higher Judiciary.