The High Courts and Subordinate Courts

ICSE Class 10 · History & Civics · Chapter 6

What this chapter covers

The High Court in India's single judiciary
Composition of a High Court
Qualifications of judges
Appointment, tenure and removal of judges
Jurisdiction and functions: an overview
Original jurisdiction
Appellate jurisdiction
Revisory jurisdiction and control over subordinate courts
Judicial review
Court of record
Enforcement of Fundamental Rights and writs
Subordinate courts
Lok Adalats: meaning and advantages

Key definitions

Habeas corpus is a writ ordering a person or authority who has detained someone to produce that person before the court, so that the court can decide whether the detention is lawful.

Mandamus is a writ commanding a public official, public body, lower court or government to perform a public duty that it is legally bound to perform but has failed or refused to perform.

Prohibition is a writ issued by a higher court to a lower court or tribunal, forbidding it from continuing with a case that lies outside its jurisdiction.

Certiorari is a writ issued by a higher court to a lower court or tribunal, ordering it to send up the record of a case already decided, so that the higher court can quash the decision if it was made without jurisdiction or in error of law.

Quo warranto is a writ requiring a person who holds a public office to show by what authority he or she holds it, and removing the person if the claim is not valid.

Key points

India has a single integrated judiciary: the Supreme Court, the High Courts, and the subordinate courts below them.
Article 214 provides a High Court for each state; Article 231 allows a common High Court for two or more states; there are 25 High Courts.
A High Court consists of a Chief Justice and other judges appointed by the President; the number is fixed separately for each court, and additional judges may be appointed for up to two years.
A judge must be a citizen of India with ten years in a judicial office or ten years as a High Court advocate; judges retire at 62.
The President appoints judges after consulting the Chief Justice of India, the Governor and the Chief Justice of the High Court; in practice the collegium recommends names.
Removal is only for proved misbehaviour or incapacity, by a special-majority address of both Houses of Parliament; salaries are charged on the Consolidated Fund of the State.
Original jurisdiction covers writs, election petitions, wills, marriage, divorce, company law, admiralty, contempt, revenue matters and constitutional cases withdrawn under Article 228.
Appellate jurisdiction covers civil appeals from District Judges and criminal appeals from Sessions Courts; every death sentence of a Sessions Court needs High Court confirmation.
Revisory jurisdiction lets the High Court examine records of decided cases where no appeal lies; under Article 227 it superintends all courts and tribunals in its territory and controls the subordinate judiciary.
Through judicial review a High Court can declare state or central laws void if they violate the Constitution.
As a court of record (Article 215), its judgments bind subordinate courts and it can punish for contempt.
Under Article 226 the High Court issues habeas corpus, mandamus, prohibition, certiorari and quo warranto for Fundamental Rights and for other legal rights.
The District Judge's court is the highest civil court and the Sessions Court the highest criminal court of a district; one officer is usually the District and Sessions Judge.
A Lok Adalat settles disputes by compromise; its award is final and binding, and it gives speedy, cheap, informal justice while reducing the burden on the courts.

Questions answered

Under which Article of the Constitution is there a High Court for each state? Name one common High Court and the states it serves.

Article 214. The Gauhati High Court serves Assam, Nagaland, Mizoram and Arunachal Pradesh (Article 231 allows such a common High Court).

State the composition of a High Court.

A Chief Justice and such other judges as the President may appoint from time to time; the number is not fixed by the Constitution and differs from court to court.

What are additional judges? For how long can they be appointed?

Temporary judges appointed by the President when the work of a High Court increases or arrears pile up, for a period of not more than two years.

Mention the qualifications of a judge of a High Court.

A citizen of India who has held a judicial office in India for at least ten years, or has been an advocate of a High Court (or of two or more in succession) for at least ten years.

Who appoints the judges of a High Court? Whom must the President consult?

The President. The President consults the Chief Justice of India, the Governor of the state and, for a judge other than the Chief Justice, the Chief Justice of that High Court.

At what age does a High Court judge retire? How can the judge be removed?

At 62 years. Only on proved misbehaviour or incapacity, by an address passed in each House of Parliament by a majority of its total membership and two-thirds of those present and voting, followed by the President's order.

Name any three matters that fall under the original jurisdiction of a High Court.

Any three of: enforcement of Fundamental Rights by writs; election petitions for Parliament and the State Legislature; wills, marriage, divorce, company law, admiralty and contempt of court; revenue matters; cases withdrawn from subordinate courts under Article 228.

Why must a death sentence passed by a Sessions Court be confirmed by the High Court?

So that no person is executed on the judgment of a single trial court alone; the High Court re-examines the whole case and may confirm, reduce the sentence, order a retrial or acquit.

Past board exam questions

ICSE 2027 sample paper · 4 marks

The High Courts and Subordinate Courts are part of the integrated judicial system. With reference to the statement, answer the following questions: Lok Adalat brings justice to the doorstep of the common. Justify this statement with any four points.

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1. It reduces the burden of pending cases on the regular (higher) courts. 2. It settles disputes quickly, saving time; cases are decided on the spot. 3. It is cheap – no court fee is charged, and lawyers are not needed, so poor people can get justice. 4. It works on the spirit of compromise and mutual understanding (sacrifice) between the parties, so the settlement is accepted by both; its decision is binding and there is no appeal, which ends the dispute. 5. It is held in villages and localities, often in the local language, bringing justice close to the people.

ICSE 2026 board paper · 1 mark

Choose the correct option to replace the underlined word: The collection of State Revenue falls under the Consultative Jurisdiction of the High Court.

Advisory
Revisory
Original
Appellate

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Original

ICSE 2026 board paper · 1 mark

Mr. Anand has been illegally detained by the police, and his family has not been able to meet him. The family members have approached the High Court for help. Which writ will the court issue in this case?

Habeas Corpus
Quo Warranto
Mandamus
Certiorari

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Habeas Corpus

ICSE 2025 sample paper · 1 mark

Residents of Jodhpur, X and Y got married in the year 2014 and after 4 months of wedlock, petty family issues and arguments resulted in their separation for 6 years. The matter was placed before the Bench of Lok Adalat Family Court, Jodhpur wherein all efforts were made to reunite the family again. With constant efforts of counselling parties agreed to live together and withdraw their Divorce Petition Case Study, Lok Adalat, District – Jodhpur Which advantage of the Lok Adalat is highlighted in the above case?

Saves money
Speedy justice
Works on the spirit of compromise
Reduces the burden on High Courts

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Works on the spirit of compromise

ICSE 2025 sample paper · 1 mark

District Judge : ________ cases : : Sessions Judge : Criminal Cases

Advisory
Civil
Constitutional
Appellate

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Civil

ICSE 2025 board paper · 3 marks

The High Courts of India are the highest courts of appeal in each state. With reference to the High Courts of India, answer the following questions: What is meant by the term Original Jurisdiction of the High Court? Mention any two cases which fall under this jurisdiction.

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Original Jurisdiction means the power of the High Court to hear certain cases directly, in the first instance, without their going first to a lower court. Cases under it: 1. Cases for the enforcement of Fundamental Rights (by issuing writs under Article 226). 2. Matrimonial cases, admiralty cases, cases of contempt of court, cases relating to wills (probate) and company law, and disputes relating to the election of members of Parliament and the State Legislature.

ICSE 2025 board paper · 3 marks

The High Courts of India are the highest courts of appeal in each state. With reference to the High Courts of India, answer the following questions: Mention any two advantages of the Lok Adalat. Mention any one difference between the Sessions Court and the Court of the District Judge.

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Advantages of the Lok Adalat: 1. Cases are settled quickly by mutual consent, reducing the burden on the regular courts. 2. Justice is cheap – there is no court fee and no lawyers are needed – and its decision is binding with no appeal, so the dispute ends. Difference: the Sessions Court is the highest criminal court in a district and hears criminal cases, whereas the Court of the District Judge is the highest civil court in a district and hears civil cases.

ICSE 2025 board paper · 4 marks

The High Courts of India are the highest courts of appeal in each state. With reference to the High Courts of India, answer the following questions: Explain the following with reference to the High Court: (a) Revisory Jurisdiction (b) Court of Record

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(a) Revisory Jurisdiction: the High Court can call for the record of any case decided by a subordinate court within its territory, in which no appeal lies, and revise it if the lower court has acted beyond its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with material irregularity. (b) Court of Record: the judgements and proceedings of the High Court are recorded and kept as evidence and precedents; they cannot be questioned when produced before any subordinate court and are binding on them. As a Court of Record the High Court also has the power to punish for contempt of itself.