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POLITY LAXMIKANTH MCQ DAY 22 EXPLANATION

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DAY 22 :- 

EXPLANATION 


413.

Answer is C

Explanation - It is said that the high court is the primary court of appeal i.e. it has power to hear the 
appeals against the judgment of the subordinate courts within its territories. 

This power can be classified in to 2 categories-Civil jurisdiction and Criminal jurisdiction

In civil cases its jurisdiction includes to the orders and judgments of the district courts, additional district courts and other subordinate courts

In criminal cases its jurisdiction includes judgments relating to sessions courts and additional sessions court.




414.

Answer is B.

Explanation

The High Court has this power over all courts and tribunals except those dealing with the armed forces functioning in the state. 
Hence in the exercise of this power it may –
Call for return from such courts
• May issue general rules and prescribe forms for regulating the practice and proceedings of such courts
• Prescribe the form in which books and accounts are being kept by the officers of any court
• Settle fees payable to the sheriff clerks, officers and legal practitioners

415.

Answer is D.
Explanation - The constitution does not place any restriction on this power of superintendence over the subordinate courts, it is not only by means of appeal by the person, it can be suo motto. It is of the nature of revision as it verifies the earlier judgments. In this regard it is considered as a special function as the Supreme Court has no similar power vis a vis the High Court.


416.
Answer is C.
Explanation - Fixed by the President depending upon the workload


417.
Answer is D.
Explanation

He should be over 40 years of age. There is no specification of a minimum age limit for the judge of a high court. 

A person to be appointed as a judge of a high court, should have the following qualifications:


1. He should be a citizen of India.
2. (a) He should have held a judicial office in the territory of India for ten years;  
                       or

    (b)He should have been an advocate of a high court (or high courts in succession) for ten years.


From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as 
a judge of a high court. Moreover, unlike in the case of the Supreme Court, the Consitution makes no 
provision for appointment of a distinguished jurist as a judge of a high court.


418

Answer :D


419.

Answer is C.
Explanation - It is issued by higher courts when they find that lower courts have made judgments 
beyond their powers of jurisdiction.


420.

Answer is B.
Explanation
It is the authority vested in the hands of Supreme Court to examine whether some 
legislative enactments or executive orders of both Central and State governments is following the 
Constitution of India or not. The judicial reviews seeks to put checks on the powers of Executive and 
Legislature with regards to the principles laid down in the Constitution of India.

421.

Answer is A.
Explanation - Articles 233 to 237


422.
Answer is A.
Explanation - The judicial magistrate court is at the lowest in the hierarchy of criminal courts. Above it there the Chief Judicial Magistrate Court,  and above that is the Session Judge's court, and the topmost authority at the district level is High Court.


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