The constitution places the high courts under the control of the Union in certain matters in order to keep them outside the range of regional politics. The Union exercises its control the matters of:
I. Transfer of judges from one high court to another.
II. Being able to establish a common high court for two or more states.
III. Determining disputes as to the age of high court judges.
Choose the correct option:
A. I only
B. II and III
C. I and II
D. I, II and III
Answer
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Hint: The high Court of India is the premier civil court with primary jurisdiction in every state and territory of the Union. However, the high Court only exercises its original civil and criminal jurisdiction if the lower courts are not legally empowered to hear such cases due to a lack of monetary and territorial jurisdiction.
Complete answer:
High Court judges are appointed by the President of India after consultation with the Chief Justice of the high Court of India and the governors of the states.
In order to exclude the high Court from the influence of regional policies, the constitution has made various provisions:
1. Transfer of Judges: The President may transfer a judge from one high Court to another after consulting the Chief Justice of the high Court of India.
2. Establishment of a Joint High Court: The Indian Constitution specifically provides that parliament may legally establish a joint high Court for two or more states or for two or more states and territories of the Union.
3. Dispute Resolution: The High Court will remain in office until the age of $62$ and questions regarding his age will be decided by the President in consultation with the Chief Justice of India. The President's decision in this matter is final.
Hence, the correct answer is option D.
Note:
The work of High courts consists primarily of appeals from lower courts and registration of petitions as defined in Articles \[226\] and $227$ of the Constitution. The number of judges in a court is determined by dividing the average large case institution over the past five years by the national average or average disposition rate per judge per year at the high Court, whichever is greater.
Complete answer:
High Court judges are appointed by the President of India after consultation with the Chief Justice of the high Court of India and the governors of the states.
In order to exclude the high Court from the influence of regional policies, the constitution has made various provisions:
1. Transfer of Judges: The President may transfer a judge from one high Court to another after consulting the Chief Justice of the high Court of India.
2. Establishment of a Joint High Court: The Indian Constitution specifically provides that parliament may legally establish a joint high Court for two or more states or for two or more states and territories of the Union.
3. Dispute Resolution: The High Court will remain in office until the age of $62$ and questions regarding his age will be decided by the President in consultation with the Chief Justice of India. The President's decision in this matter is final.
Hence, the correct answer is option D.
Note:
The work of High courts consists primarily of appeals from lower courts and registration of petitions as defined in Articles \[226\] and $227$ of the Constitution. The number of judges in a court is determined by dividing the average large case institution over the past five years by the national average or average disposition rate per judge per year at the high Court, whichever is greater.
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