Loading…
ICSE-X-HistCivics
Previous Year Paper year:2019
- #5-a(a) Who appoints the Judges of the High Court? [3]
(a) State any two qualifications required for a person to be appointed as a High Court judge.
(b) Explain briefly the term ‘Court of Record’ with reference to the High Court. [3]
(c) List anyfour writs that the High Court can issue for the enforcement of Fundamental Rights. [4]
(a) Who appoints the Judges of the High Court? [3]
(a) State any two qualifications required for a person to be appointed as a High Court judge.
(b) Explain briefly the term ‘Court of Record’ with reference to the High Court. [3]
(c) List anyfour writs that the High Court can issue for the enforcement of Fundamental Rights. [4]Ans : (a) The Judges of the High Court are appointed with the consultation of Chief Justice of the High Court along with the Chief Justice of Supreme Court and the Governor of the State.
(a) A High Court Judge must possess the following qualifications :
- He must be a citizen of India.
- He must have held judicial office for not less than ten years in India or should be an advocate of the High Court for ten years.
- He should be less than 62 years.
- Its judgements are kept as a record, and are used as precedent.
- If a person commits the contempt of High Court, it has the authority to punish him.
(ii) The Writ of Prohibition is issued to prevent an inferior court from exercising powers, with which it is not legally vested, and to direct it to remain within the limits of its jurisdiction. It is preventive in nature.
(iii) The Writ of Quo - Warranto is issued against a person who has held an office illegally by usurpation. This writ asks the person to explain as by what authority he has been holding that particular office. If the office is held unlawfully, it can declare the office vacant.
(iv) Mandamus means “We command”. The Writ of Mandamus is issued to command an inferior court or person to do its duty. But this writ can be issued purely for the protection of Fundamental Rights.
(a) The Judges of the High Court are appointed with the consultation of Chief Justice of the High Court along with the Chief Justice of Supreme Court and the Governor of the State.
(a) A High Court Judge must possess the following qualifications :
- He must be a citizen of India.
- He must have held judicial office for not less than ten years in India or should be an advocate of the High Court for ten years.
- He should be less than 62 years.
- Its judgements are kept as a record, and are used as precedent.
- If a person commits the contempt of High Court, it has the authority to punish him.
(ii) The Writ of Prohibition is issued to prevent an inferior court from exercising powers, with which it is not legally vested, and to direct it to remain within the limits of its jurisdiction. It is preventive in nature.
(iii) The Writ of Quo - Warranto is issued against a person who has held an office illegally by usurpation. This writ asks the person to explain as by what authority he has been holding that particular office. If the office is held unlawfully, it can declare the office vacant.
(iv) Mandamus means “We command”. The Writ of Mandamus is issued to command an inferior court or person to do its duty. But this writ can be issued purely for the protection of Fundamental Rights.
- #5-a-iWho appoints the Judges of the High Court? [3]Ans : The Judges of the High Court are appointed with the consultation of Chief Justice of the High Court along with the Chief Justice of Supreme Court and the Governor of the State.
- #5-a-iiState any two qualifications required for a person to be appointed as a High Court judge.Ans : A High Court Judge must possess the following qualifications :
- He must be a citizen of India.
- He must have held judicial office for not less than ten years in India or should be an advocate of the High Court for ten years.
- He should be less than 62 years.
- #5-bExplain briefly the term ‘Court of Record’ with reference to the High Court. [3]Ans : A High Court being a “Court of Record” means :
- Its judgements are kept as a record, and are used as precedent.
- If a person commits the contempt of High Court, it has the authority to punish him.
- #5-cList anyfour writs that the High Court can issue for the enforcement of Fundamental Rights. [4]Ans : (i) The Writ of Habeas Corpus is the safeguard for the personal freedom of a citizen. Habeas Corpus provides a remedy to a person held unlawfully in person or in police custody. This is an order to a person or officer who detains a person, without court’s order, directing him to produce the detainee in the court and to explain why he has been detained. If the cause is insufficient, the detained person is released immediately.
(ii) The Writ of Prohibition is issued to prevent an inferior court from exercising powers, with which it is not legally vested, and to direct it to remain within the limits of its jurisdiction. It is preventive in nature.
(iii) The Writ of Quo - Warranto is issued against a person who has held an office illegally by usurpation. This writ asks the person to explain as by what authority he has been holding that particular office. If the office is held unlawfully, it can declare the office vacant.
(iv) Mandamus means “We command”. The Writ of Mandamus is issued to command an inferior court or person to do its duty. But this writ can be issued purely for the protection of Fundamental Rights.