The High Courts ICSE Class 10: Composition, Jurisdiction and Writs

What The High Courts is about

Weightage: CISCE publishes no chapter weightage. Civics is tested in Part I (compulsory 1- and 2-mark items) and in Part II Section A, where you answer two of three 10-mark Civics questions, each split 3 + 3 + 4.Source: CISCE ICSE 2027 Specimen Question Paper 501, History & Civics (H.C.G. Paper 1)

Key concepts

Composition

Every High Court consists of a Chief Justice and such other judges as the President decides from time to time. Unlike the Supreme Court, the Constitution fixes no number; the strength differs from one High Court to another according to its workload. The President can also appoint additional judges for up to two years to clear arrears, and acting judges when a permanent judge is absent.

Parliament may set up a common High Court for two or more states, or for a state and a Union Territory.

Worked example

(2 marks) What is the composition of a High Court? How does it differ from the Supreme Court in this respect?

Try it first, then show the solutionSolution

1. A High Court has a Chief Justice and such other judges as the President determines - 1 mark.
2. The number is not fixed and varies from court to court, whereas the Supreme Court has a fixed maximum (Chief Justice and up to 33 others) - 1 mark.

Answer: A High Court consists of a Chief Justice and as many other judges as the President decides. Its strength varies with workload, unlike the Supreme Court, whose maximum strength is fixed by law.

Qualifications, appointment and tenure

Qualifications: a citizen of India who (a) has held a judicial office in India for at least 10 years, or (b) has been an advocate of a High Court (or of two or more High Courts in succession) for at least 10 years. There is no 'distinguished jurist' route for High Court judges.

Appointment: by the President. The Chief Justice of a High Court is appointed after consultation with the Chief Justice of India and the Governor of the state. Other judges are appointed after consultation with the Chief Justice of India, the Governor and the Chief Justice of that High Court. In practice the Supreme Court collegium recommends names.

Tenure: a High Court judge holds office until 62 years of age. He may resign by writing to the President, may be transferred to another High Court by the President after consulting the Chief Justice of India, and can be removed in the same way as a Supreme Court judge: an address by each House of Parliament with a special majority on proved misbehaviour or incapacity. Salaries are charged on the Consolidated Fund of the state.

Worked example

(2 marks) State two qualifications for appointment as a judge of a High Court.

Try it first, then show the solutionSolution

1. Must be a citizen of India who has held a judicial office in India for at least 10 years - 1 mark.
2. Or must have been an advocate of a High Court (or two or more in succession) for at least 10 years - 1 mark.

Answer: A High Court judge must be an Indian citizen who has either held a judicial office in India for 10 years or practised as an advocate of a High Court for 10 years.

Original jurisdiction

Original jurisdiction is the power to hear certain cases for the first time. A High Court has original jurisdiction in:
1. Enforcement of Fundamental Rights and other legal rights through writs (Article 226).
2. Cases relating to wills, marriage, divorce, company law, admiralty and contempt of court.
3. Election petitions challenging the election of members of Parliament and of the state legislature.
4. Matters of revenue and its collection.
5. In some High Courts, such as those at Kolkata, Mumbai, Chennai and Delhi, civil cases above a certain value arising within their original limits.

Avoid writing 'all civil cases' or 'all criminal cases': most of those start in the subordinate courts.

Worked example

(3 marks) What is meant by the original jurisdiction of the High Court? Mention two cases that fall under it.

Try it first, then show the solutionSolution

1. Original jurisdiction is the power to hear certain cases directly, in the first instance, not on appeal - 1 mark.
2. Petitions for enforcement of Fundamental Rights through writs under Article 226 - 1 mark.
3. Election petitions challenging elections to Parliament or the state legislature (or cases of wills, marriage, divorce, company law, contempt of court) - 1 mark.

Answer: Original jurisdiction is the High Court's power to hear certain cases for the first time. Examples are writ petitions to enforce Fundamental Rights under Article 226, and election petitions about elections to Parliament or the state legislature; cases of wills, marriage, divorce and company law also start there.

Appellate jurisdiction

The High Court is the chief court of appeal in the state.

Civil appeals: it hears appeals against decisions of District Judges and of subordinate judges in cases above a certain value, and in cases involving a question of law.

Criminal appeals: it hears appeals against convictions in trials held by Sessions Judges and Additional Sessions Judges, and against convictions by other courts where a sentence of imprisonment of more than seven years has been passed. A death sentence passed by a Sessions Court must be confirmed by the High Court before it can be carried out.

It also hears appeals in some cases from tribunals, and in matters of patents, designs and revenue.

Worked example

(3 marks) Explain the appellate jurisdiction of the High Court in civil and criminal cases.

Try it first, then show the solutionSolution

1. Civil: hears appeals against decisions of District Judges and of subordinate judges in cases above a prescribed value or involving a question of law - 1 mark.
2. Criminal: hears appeals against convictions by Sessions Courts, and by other courts where imprisonment of more than seven years is awarded - 1 mark.
3. A death sentence passed by a Sessions Court must be confirmed by the High Court - 1 mark.

Answer: In civil cases the High Court hears appeals from District Judges and subordinate judges in cases of higher value or on points of law. In criminal cases it hears appeals against convictions by Sessions Courts (and by other courts where the sentence exceeds seven years), and every death sentence passed by a Sessions Court needs its confirmation.

Revisory (supervisory) jurisdiction

A High Court has the power of superintendence over all subordinate courts and tribunals in its territory, except military tribunals. Under its revisory jurisdiction it can call for the record of any case decided by a subordinate court, in which no appeal lies, to check whether the lower court:

• acted beyond its jurisdiction, or failed to use jurisdiction it had;
• acted illegally or with material irregularity.

If so, the High Court can revise or set aside the decision.

It can also transfer a case pending in a subordinate court to itself if the case involves a substantial question of law about the interpretation of the Constitution, and decide it or send it back with its ruling; it frames rules for the working of subordinate courts and inspects them.

Compare: the Supreme Court's revisory jurisdiction is the review of its own judgments. Judicial review is about laws, not about court decisions.

Worked example

(2 marks) What is the revisory jurisdiction of the High Court?

Try it first, then show the solutionSolution

1. The High Court can call for the records of a case decided by a subordinate court - 1 mark.
2. It examines whether the lower court exceeded its jurisdiction or acted with material irregularity, and can revise its decision - 1 mark.

Answer: Under revisory jurisdiction, the High Court can call for the records of a case decided by a subordinate court and revise the decision if the lower court acted beyond its jurisdiction or with material irregularity.

Judicial review, Court of Record and writs

Judicial review: a High Court can examine the constitutional validity of laws passed by the state legislature and by Parliament, and of executive orders, and declare them void if they violate the Constitution. (The final word lies with the Supreme Court.)

Court of Record: its judgments are recorded and preserved and serve as precedents binding on all subordinate courts in the state; it has the power to punish for contempt of itself.

Writs: under Article 226 a High Court can issue habeas corpus, mandamus, prohibition, certiorari and quo warranto. Its writ jurisdiction is wider than the Supreme Court's: it can issue writs not only for Fundamental Rights but also 'for any other purpose', that is, for enforcing other legal rights.

Worked example

(2 marks) Why is the writ jurisdiction of the High Court said to be wider than that of the Supreme Court?

Try it first, then show the solutionSolution

1. The Supreme Court can issue writs under Article 32 only for enforcing Fundamental Rights - 1 mark.
2. A High Court under Article 226 can issue writs for Fundamental Rights and for any other purpose, such as enforcing other legal rights - 1 mark.

Answer: Under Article 32 the Supreme Court issues writs only to enforce Fundamental Rights, while under Article 226 a High Court can issue them for Fundamental Rights and also for other legal rights, so its writ jurisdiction is wider.

The High Courts in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• The High Court: Composition, Jurisdiction and Writs

The High Courts: key facts

Composition

Chief Justice + other judges as the President determines

No fixed number.

Qualifications

Citizen + (judicial office 10 years or HC advocate 10 years)

No 'distinguished jurist' route.

Retirement

62 years

Supreme Court: 65.

Appointment

By the President after consulting the CJI, the Governor and the High Court Chief Justice

Writs

Article 226: Fundamental Rights + any other legal right

Wider than Article 32.

Removal

Same as a Supreme Court judge: address by both Houses with special majority

Grounds: proved misbehaviour or incapacity.

How the board asks The High Courts

The question patterns to expect, and the method that works for each.

Tricks to remember The High Courts

Short memory aids. Say each one aloud once, then use it on a question the same day.

• 62 vs 65

  High Court judges retire at 62; Supreme Court at 65: 'High is younger'.

  Use it when: Eligibility tables.

• 10 and 10

  High Court: 10 years judicial office or 10 years as advocate. Supreme Court adds 5 years as an HC judge and the jurist route.

  Use it when: Qualification comparison.

• W-E-M

  High Court original: Writs, Elections, Matrimonial and wills.

  Use it when: Original jurisdiction examples.

The High Courts: board-level solved questions

Ordered from board level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section B style)

Read the situation, then answer every part. In the board paper this is a 10-mark question split into 3 + 3 + 4 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in The High Courts

The slips examiners see most often, and what to write instead.

• ✗Mistake: Using Supreme Court qualifications for High Court judges

  CISCE examiners' comments, 2024: candidates confused the qualifications of High Court and Supreme Court judges and chose the wrong pair in a table question.

  Wrong working

  A distinguished jurist aged 65 can be appointed to a High Court.

  Right working

  There is no jurist route for High Courts, and judges retire at 62.

  ✓Do this: Make a two-column table of qualifications and ages.

  Usually costs: The full mark.

• ✗Mistake: Giving Supreme Court cases or vague categories for High Court original jurisdiction

  CISCE examiners' comments, 2025: candidates confused High Court cases with Supreme Court cases and wrote 'all civil cases' or 'all criminal cases'.

  Wrong working

  Original jurisdiction: all civil and criminal cases; disputes between states.

  Right working

  Original jurisdiction: writ petitions, election petitions, cases of wills, marriage, divorce and company law.

  ✓Do this: Name specific case types.

  Usually costs: Up to 2 marks.

• ✗Mistake: Confusing revisory jurisdiction with judicial review, or with the Supreme Court's revisory power

  CISCE examiners' comments, 2025: candidates confused revisory jurisdiction with judicial review and with the Supreme Court's revisory jurisdiction.

  Wrong working

  Revisory jurisdiction means the High Court can review its own judgments or laws.

  Right working

  The High Court's revisory jurisdiction is over decisions of subordinate courts.

  ✓Do this: High Court revises below; Supreme Court reviews itself; judicial review tests laws.

  Usually costs: 2 marks.

• ✗Mistake: Forgetting the second feature of a Court of Record

  Students write only 'records are kept'.

  ✓Do this: Always give both: precedents and contempt.

  Usually costs: 1 mark.

Practice questions on The High Courts

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQBoard level

   Which of the following is NOT in the original jurisdiction of a High Court?
   (a) Election petitions
   (b) Matrimonial cases
   (c) Disputes between two states
   (d) Writ petitions

   Hint

   Inter-state disputes go to the top.

   Answer

   (c) Disputes between two states belong to the Supreme Court.

2. Q2 · 1 mark · MCQHarder board level

   A High Court judge can be transferred to another High Court by:
   (a) the Governor
   (b) the Chief Justice of India alone
   (c) the President after consulting the Chief Justice of India
   (d) Parliament

   Hint

   The appointing authority.

   Answer

   (c) the President after consulting the Chief Justice of India.

3. Q3 · 2 marks · Very short answerBoard level

   Mention any two writs issued by the High Court.

   Hint

   Any two of five.

   Answer

   Habeas corpus (to produce a detained person and free him if held illegally) and quo warranto (to remove a person from a public office he has no right to hold). Others: mandamus, prohibition, certiorari.

4. Q4 · 2 marks · Very short answerHarder board level

   State two features of the High Court's supervisory power over subordinate courts.

   Hint

   Records, rules, transfer.

   Answer

   (1) It can call for records of cases from subordinate courts and frame rules for their working. (2) It can transfer to itself a pending case involving a substantial question of constitutional law.

5. Q5 · 3 marks · Short answerBoard level

   Explain the appellate jurisdiction of the High Court in criminal cases.

   Hint

   Sessions Courts; death sentence.

   Answer

   The High Court hears appeals against convictions in trials held by Sessions Judges and Additional Sessions Judges, and against convictions by other courts where imprisonment of more than seven years is awarded. A death sentence passed by a Sessions Court must be confirmed by the High Court before execution. Appeals from lower magistrates' courts usually go first to the Sessions Court.

6. Q6 · 3 marks · Short answerHOTS / competency

   'The High Court is the guardian of rights in the state.' Give three reasons.

   Hint

   Writs, judicial review, supervision.

   Answer

   (1) It issues writs under Article 226 to enforce Fundamental Rights and other legal rights. (2) Through judicial review it can declare unconstitutional laws and orders void. (3) Its supervision over subordinate courts ensures they act within the law, and as a Court of Record its rulings bind them.

7. Q7 · 4 marks · Short answerHarder board level

   Explain the following with reference to the High Court: (i) revisory jurisdiction, (ii) Court of Record.

   Hint

   Two marks each.

   Answer

   (i) The High Court can call for the record of any case decided by a subordinate court, where no appeal lies, and revise the decision if the lower court exceeded or failed to exercise its jurisdiction, or acted with material irregularity. (ii) Its judgments are recorded and preserved and serve as binding precedents for subordinate courts, and it can punish for contempt of itself.

8. Q8 · 2 marks · Very short answerHOTS / competency

   A retired judge of a District Court, aged 60, with 15 years of judicial service, wants to become a High Court judge. Is he eligible? Explain.

   Hint

   Check both age and experience.

   Answer

   Yes. He has held judicial office for more than 10 years and is below the retirement age of 62, so he is eligible, though he could serve only about two years.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.Retirement age of High Court judges?Show answer

   62 years.

2. 2.Under which Article do High Courts issue writs?Show answer

   Article 226.

3. 3.Who must confirm a death sentence passed by a Sessions Court?Show answer

   The High Court.

4. 4.Whom does the President consult before appointing a High Court judge?Show answer

   The Chief Justice of India, the Governor of the state and the Chief Justice of that High Court.

5. 5.Name two case types in a High Court's original jurisdiction.Show answer

   Writ petitions and election petitions (also wills, marriage, divorce, company law).

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐Chief Justice + other judges as the President decides.
• ☐Citizen + 10 years judicial office or 10 years HC advocate; no jurist route.
• ☐Appointed by the President after consulting the CJI, Governor and HC Chief Justice; retire at 62.
• ☐Original: writs (Art. 226), election petitions, wills, marriage, divorce, company law.
• ☐Appellate: civil from District Judges; criminal from Sessions Courts; confirms death sentences.
• ☐Revisory: calls for records of subordinate courts; corrects lack of jurisdiction.
• ☐Court of Record: precedents + contempt.
• ☐Writs for Fundamental Rights and other legal rights: wider than Art. 32.

The High Courts: frequently asked questions