Consider the following statements: A High Court requires prior approva

Consider the following statements:
A High Court requires prior approval of the Governor while making certain rules

settling tables of fee to advocates and pleaders practising before district courts
calling returns from district courts
which include rules for super-intendence of the district courts

Which of the above statements is/are correct?

1 only

1 and 2

2 only

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC Combined Section Officer – 2019-20

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Based on the constitutional provisions (Article 227(3) and Article 235), the High Court’s rules for regulating the practice and proceedings of subordinate courts, prescribing forms, settling fees, and for general administrative control and superintendence require the previous approval of the Governor of the state. Statements 1 and 2 describe types of rules that fall under this requirement. Rules for settling tables of fee (1) are explicitly mentioned in Article 227(3). Rules for calling returns (2) fall under the administrative superintendence/control power (Article 235 read with Article 227), which requires rules made by the High Court to be approved by the Governor. Statement 3, referring to “rules for super-intendence”, is a broad category that also requires approval. However, given the provided options, option B (1 and 2) is the most plausible intended answer, although constitutionally, rules for superintendence (3) also require approval, indicating a potential flaw in the question or options.

– Article 227(3) provides that rules made by the High Court for regulating practice and proceedings, prescribing forms, and settling fees for subordinate courts require the Governor’s approval. Statement 1 (settling fees) is explicitly covered.
– Rules made by the High Court under Article 235 for the administrative control of subordinate courts (which would include rules for administrative procedures like calling returns, Statement 2) also require the Governor’s approval.
– Rules for general superintendence (Statement 3), encompassing both administrative and procedural aspects, also require approval under Article 227 and 235.
– All three statements describe types of rules requiring Governor’s approval. Since “1, 2 and 3” is not an option, and options B (1 and 2) and D (3) are mutually exclusive and incomplete, there appears to be an error in the question or options. Assuming the question intends to distinguish between specific examples (1 and 2) and the general power (3), and forcing a choice from the provided options, B (1 and 2) might be the intended answer, focusing on specific aspects rather than the broad category, though this is legally contestable.

Article 227 empowers the High Court with superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Article 235 gives the High Court control over district courts and courts subordinate thereto, including posting, promotion, and leave, as well as disciplinary matters. Rules for the efficient functioning and administration of subordinate courts are made by the High Court, but require Governor’s assent.

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