High Courts, Subordinate Courts, Gram Nyayalayas, Lok Adalats – NDA Polity GK Notes

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High Courts in India – NDA Polity GAT Study Material

Establishment

  • The Constitution provides a High Court for every state. The High Courts in India are established and regulated by Articles 214 to 231 of the Constitution of India, with Article 214 stating there shall be a High Court for each state. These articles cover various aspects, including their establishment, the constitution of High Courts, the appointment and conditions of judges, and their powers as courts of record.  
  • However, two or more states can have a common High Court, if provided by Parliament.
  • Presently there are 24 High Courts in India (21 regular + 3 newly created in Meghalaya, Manipur, and Tripura).

Composition

  • Each High Court consists of a Chief Justice and other judges appointed by the President of India.
  • No upper limit is fixed on the number of judges.

Qualifications of Judges

  • Must be a citizen of India.
  • Must have held a judicial office for at least 10 years OR been an advocate of a High Court for at least 10 years.
  • May also be appointed if considered a distinguished jurist by the President.

Appointment of Judges

  • Chief Justice of a High Court is appointed by the President, after consulting the Chief Justice of India (CJI) and the Governor of the concerned state.
  • Other judges are appointed following the same process.
  • The opinion of the Chief Justice of India has greater weight in matters of appointment and transfer of judges (as held by a Constitution Bench of the Supreme Court).

Tenure of Judges

  • A High Court Judge holds office until the age of 62 years.
  • The tenure may end earlier if:
    • He/she resigns, or
    • He/she is removed by the President through impeachment (similar procedure as followed for Supreme Court judges, i.e., Parliament must pass a resolution with 2/3rd majority).
  • Judges can also be transferred from one High Court to another.

Jurisdiction of High Courts

  • The High Court is the highest court of appeal in both civil and criminal cases within the state.
  • Some High Courts (Delhi, Kolkata, Chennai, Mumbai) have both appellate and original jurisdiction.
  • Other High Courts have original jurisdiction only in specific constitutional matters.

Civil Jurisdiction

  • Appeals can go to the High Court if the amount involved exceeds ₹20,000.

Criminal Jurisdiction

  • Hears appeals in criminal cases from lower courts.

Writ Jurisdiction

  • Article 226 empowers High Courts to issue writs:
    • For the enforcement of Fundamental Rights.
    • For any other purpose.
  • This makes High Court writ jurisdiction wider than the Supreme Court, which can issue writs only for Fundamental Rights.

Superintendence

  • The High Court has superintendence over all subordinate courts and tribunals (except military tribunals) in its territory.
  • It can:
    • Transfer cases from one lower court to another.
    • Frame rules and regulations for subordinate courts.
    • Examine records of lower courts.

Subordinate Courts

  • Articles 233–237 (Part VI) deal with the organization of subordinate courts.
  • Aim: Ensure independence of judiciary from the executive.
  • District Judges are appointed, posted, and promoted by the Governor, in consultation with the High Court.

Gram Nyayalayas

  • Established under the Gram Nyayalayas Act, 2008 (enforced from 2nd October 2009).
  • Purpose: Provide justice at the grassroots level.
  • Over 5000 Gram Nyayalayas are proposed.
  • Central Government bears the non-recurring expenditure of these courts.

Lok Adalats

  • An alternative dispute resolution mechanism.
  • Disputes are settled through conciliation and mediation.
  • All pending disputes in civil, criminal, and revenue courts/tribunals can be taken up by Lok Adalats.
  • They provide speedy, low-cost justice and reduce burden on courts.

NDA FAQs on High Courts in India for SSB Preparation

1. How many High Courts are there in India at present?

At present, India has 24 High Courts. This includes 21 established High Courts and 3 newer High Courts in Meghalaya, Manipur, and Tripura. Some High Courts serve more than one state, as the Constitution allows two or more states to share a common High Court if provided by Parliament.
(This is a direct fact-based NDA polity question often asked in exams. Related study is available in Anand Classes download UPSC NDA notes and NDA polity study material pdf.)


2. Who appoints the judges of a High Court and what are their qualifications?

The President of India appoints the judges of a High Court. For appointment of the Chief Justice, the President consults the Chief Justice of India and the Governor of the concerned state. Other judges are appointed following the same consultation process.

Qualifications for High Court judges:

  • Must be a citizen of India.
  • Must have held a judicial office for at least 10 years, or
  • Must have been an advocate in one or more High Courts for at least 10 years, or
  • Can be a distinguished jurist in the opinion of the President.

(These points are repeatedly tested in NDA polity MCQs. For practice, see Anand Classes UPSC NDA polity notes preparation and NDA study material pdf.)


3. What is the tenure of a High Court judge?

A judge of a High Court holds office until the age of 62 years. The term may be shorter if:

  • The judge resigns, or
  • The judge is removed by the President, following the same impeachment procedure as for Supreme Court judges (i.e., a resolution passed by a 2/3rd majority of members present and voting in Parliament).

Judges can also be transferred from one High Court to another by the President.
(This is a common UPSC NDA polity question. Covered in NDA polity study notes like Anand Classes NDA study material pdf and NDA polity notes preparation.)


4. What is the jurisdiction of High Courts?

The High Courts are the highest courts of appeal in both civil and criminal cases in the states. Their powers include:

  • Appellate Jurisdiction: Hearing appeals from lower courts in civil and criminal cases.
  • Original Jurisdiction: Some High Courts (Delhi, Mumbai, Kolkata, Chennai) have original jurisdiction in certain cases like civil disputes and company laws.
  • Writ Jurisdiction (Article 226): High Courts can issue writs for enforcement of Fundamental Rights as well as for other purposes. This makes their writ jurisdiction wider than the Supreme Court, which can issue writs only for Fundamental Rights.
  • Superintendence: High Courts supervise all subordinate courts and tribunals (except military tribunals).

(This is an NDA polity favorite topic, often asked in exams. For clarity and revision, use Anand Classes download NDA polity notes pdf and NDA study material for NDA exam preparation.)


5. What are Subordinate Courts, Gram Nyayalayas, and Lok Adalats?
  • Subordinate Courts: Governed by Articles 233–237, they include District Courts and lower courts. District Judges are appointed by the Governor in consultation with the High Court.
  • Gram Nyayalayas: Established under the Gram Nyayalayas Act, 2008 (effective 2009) to provide justice at the grassroots level. Over 5000 such courts are expected, funded mainly by the Central Government.
  • Lok Adalats: An alternative dispute resolution mechanism where disputes are settled through conciliation and mediation. All pending civil, criminal, and revenue disputes can be brought before Lok Adalats for speedy justice.

(These institutions are important for NDA polity exams since they highlight judicial reforms and access to justice. For further revision, refer to NDA polity study material pdf and Anand Classes UPSC NDA notes preparation.)


Important MCQs on High Courts for NDA Exam of GAT GK Polity Section

1. Which Article of the Constitution empowers High Courts to issue writs?

A) Article 32
B) Article 136
C) Article 226
D) Article 124

Answer: C) Article 226
Explanation: Article 226 gives High Courts the power to issue writs not only for enforcement of Fundamental Rights but also for other purposes. The Supreme Court under Article 32 can issue writs only for Fundamental Rights.
(Frequently asked in NDA polity section. See Anand Classes NDA polity notes preparation and NDA study material pdf for more practice.)


2. What is the retirement age of a High Court judge?

A) 60 years
B) 62 years
C) 65 years
D) 70 years

Answer: B) 62 years
Explanation: High Court judges retire at the age of 62 years, while Supreme Court judges retire at 65 years. This difference is important and often tested in NDA exams.
(Covered in Anand Classes UPSC NDA notes and NDA polity study material pdf.)


3. Who appoints the Chief Justice of a High Court?

A) Governor of the State
B) President of India
C) Prime Minister of India
D) Chief Justice of India

Answer: B) President of India
Explanation: The President of India appoints the Chief Justice of a High Court, after consulting the Chief Justice of India and the Governor of the concerned state. This ensures a system of checks and balances.
(Important NDA polity MCQ — for revision use NDA polity notes preparation pdf.)


4. Which of the following is NOT a qualification to become a High Court judge?

A) Must be a citizen of India
B) Must have held a judicial office for at least 10 years
C) Must have been an advocate of a High Court for 10 years
D) Must be a Member of Parliament for at least 5 years

Answer: D) Must be a Member of Parliament for at least 5 years
Explanation: The Constitution does not require any political background for a High Court judge. The main qualifications are citizenship of India and 10 years’ judicial office or advocacy in High Court(s).
(Direct factual NDA exam question. Covered in Anand Classes NDA polity notes pdf.)


5. Which of the following High Courts has both original and appellate jurisdiction?

A) Patna High Court
B) Allahabad High Court
C) Delhi High Court
D) Rajasthan High Court

Answer: C) Delhi High Court
Explanation: High Courts of Delhi, Mumbai, Kolkata, and Chennai have both original and appellate jurisdiction. Other High Courts have limited original jurisdiction.
(A common tricky NDA polity MCQ — practice with NDA study material pdf for better accuracy.)


6. Which body supervises subordinate courts in a state?

A) Parliament of India
B) Governor of the State
C) High Court of the State
D) Ministry of Law and Justice

Answer: C) High Court of the State
Explanation: The High Court has the power of superintendence over all subordinate courts and tribunals (except military tribunals) within its jurisdiction.
(Repeated in NDA polity previous year questions — revise from NDA polity notes preparation.)


7. Lok Adalats function primarily as:

A) Permanent courts of appeal
B) Alternative dispute resolution mechanisms
C) Tribunals for commercial disputes
D) Judicial committees of Parliament

Answer: B) Alternative dispute resolution mechanisms
Explanation: Lok Adalats are an alternative dispute settlement mechanism where disputes are resolved through conciliation and mediation without lengthy litigation.
(A conceptual NDA polity question — explained in NDA study material pdf and Anand Classes UPSC NDA notes.)


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