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Q50 (IAS/1996) Polity & Governance › Judiciary › High Courts structure and powers Answer Verified

When the Chief Justice of a High Court acts in an administrative capacity, he is subject to

Result
Your answer: —  Â·  Correct: A
Explanation

The correct answer is Option 1.

Under the Indian Constitution, the High Court performs two distinct functions: judicial and administrative. While judicial acts of the Chief Justice (CJ) cannot be challenged via writs within the same court, their administrative actions are subject to judicial review.

  • Administrative Capacity: When the CJ acts in an administrative role (e.g., appointments or staff regulations), they act as a "statutory authority" rather than a court of record. Consequently, their decisions are subject to the writ jurisdiction of the High Court under Article 226.
  • Internal Check: A petition can be filed against the CJ’s administrative order, which may be heard by any other judge or a bench of the same High Court.
  • Why others are incorrect: The CJ is not under the "special control" of the CJI (Option 2) or the Executive (Options 3 and 4) in internal administration, as that would violate judicial independence.
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