{"id":35837,"date":"2022-10-01T14:51:00","date_gmt":"2022-10-01T09:21:00","guid":{"rendered":"https:\/\/apboardsolutions.guru\/?p=35837"},"modified":"2022-10-01T14:51:23","modified_gmt":"2022-10-01T09:21:23","slug":"ap-inter-2nd-year-civics-study-material-chapter-8","status":"publish","type":"post","link":"https:\/\/apboardsolutions.guru\/ap-inter-2nd-year-civics-study-material-chapter-8\/","title":{"rendered":"AP Inter 2nd Year Civics Study Material Chapter 8 State Judiciary"},"content":{"rendered":"

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material<\/a> 8th Lesson State Judiciary Textbook Questions and Answers.<\/p>\n

AP Inter 2nd Year Civics Study Material 8th Lesson State Judiciary<\/h2>\n

Long Answer Questions<\/span><\/p>\n

Question 1.
\nExplain the powers and functions of the High Court.
\nAnswer:
\nThe constitution of India provides for a High Court for each state. But the 7th<\/sup> Amendment Act, of 1956 authorized the Parliament to establish a common High Court for two or more states and a Union Territory.<\/p>\n

Articles 214 to 231 in Part-VI of the constitution deal with the organization, qualifications, appointment, independence, jurisdiction, powers, and procedures, etc., of the High Court.<\/p>\n

Composition :
\nEvery High Court consists of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint.<\/p>\n

Appointment of Judges :
\nThe 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 High Court of the concerned State. In case of a common High Court for two or more States, the Governors of concerned States are cpnsulted by the President. ,<\/p>\n

Qualifications of Judges :
\nA person to be appointed as a judge of High Court should possess the following qualifications.
\na) He should be a citizen of India.
\nb) He should have held judicial office in the territory of India for atleast 10 years, or
\nc) He should have been an advocate of a High Court or of two or more such courts for 10 years period. However, the Constitution has not prescribed a minimum age for appointment as a judge of a High Court.<\/p>\n

Salaries and Allowances :
\nThe salaries, allowances, privileges, leave and pension of the judges of a High Court are determined by the Parliament from time to time. The Judge of a High Court gets a salary of \u20b9 80,000\/-per month and the Chief Justice gets \u20b9 90,000\/-. They are also entitled to get other allowances and are provided with free accommodation and other facilities like medical, car, telephone etc.<\/p>\n

The salaries and allowances cannot be reduced except under financial emergency. The salaries and allowances are drawn from the Consolidated Fund of the State. Their retired Chief Justice and other judges are entitled to 50% of their last drawn salary as monthly pension.<\/p>\n

Tenure :
\nEvery Judge of a High Court including Chief Justice holds office until he attains the age of 62 years. The Judges including the Chief Justice will take oath in the presence of the Governor of the concerned State. He can resign for his office when he desire so by writing to the President to that effect.<\/p>\n

Method of removal:
\nA Judge of a High Court can.be removed by the President on the grounds of proved misbehaviour or incapacity. The method of removal of a Judge of the High Court shall be the same as that of a Judge of the Supreme Court.<\/p>\n

Powers and Functions of the High Court:
\nThe following are the powers and functions of the High Court.<\/p>\n

1) Original Jurisdiction:
\nEvery 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.<\/p>\n

Under Article 226, the High Court 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 Indian Citizens.<\/p>\n

2) Appellate Jurisdiction :
\nEvery High Court hears appeals against the judgement rdinate courts. The appellate Jurisdiction of the High Court extends to both riminal Cases.<\/p>\n

a) Civil Cases :
\nAn 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 \u20b9 5,00,000\/- (or) a question of fact of law. When a court subordinate to the High Court decides an appeal differing from the decision of an inferior court, a second appeal can be made to the High Court.<\/p>\n

b) Criminal Cases :
\nIn 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. Its approval is necessary for the imposition of death sentences by the District Sessions Judge. It also hears cases involving the interpretation of the Constitution.<\/p>\n

3) Court of Record :
\nThe State High Court acts as a Court of Record. It records all its decisions and judgements. Such records are of great significance. They carry evidentary value. They are taken as Judicial precedents to the Judges and Advocates in legal matters.<\/p>\n

4) Power of Judicial Review :
\nThe State High Court possesses the power of judicial review like the Supreme Court. It is the power of High Court to examine the constitutionality of legislature enactments and executive orders of both the Central and State Governments. On examination, if they are found to bp violated of the Constitution (Ultra Vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the High Court. Consequently, they cannot be enforced by the government.<\/p>\n

5) Power of Certification :
\nHigh 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.<\/p>\n

6) Advisory functions :
\nThe 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). It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the Judicial Service of the State. It also, renders advice to the subordinate courts in the matters of public interest or of legal importance.<\/p>\n

7) Administrative functions :
\nThe High Court exercises certain administrative functions within its territorial jurisdictions.<\/p>\n