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Mains Daily Question
Jan. 17, 2024

Q.2 Though the Constitution of India establishes an integrated judicial system with the Supreme Court at the top, the High Courts are not subordinate to it. Discuss the constitutional distribution of powers between the Supreme Court and the High Courts in the light of the above statement.  (10 Marks, 150 Words)

Model Answer

Approach:


Introduction: Introduce by highlighting the hierarchical structure of the Indian judiciary and substantiate the reasons why the High Courts are not subordinate to the Supreme Court.


Body: Discuss the constitutional distribution of powers between the Supreme Court and the High Courts, highlighting their respective jurisdictions, roles, and independence within the judicial framework. 


Conclusion: Conclude by stating the significance of the High Courts as independent entities within the overall hierarchy 

 

Answer:

 

The judicial system in India follows a hierarchical structure, with the Supreme Court of India at the top of the judicial pyramid, the High Courts below them and subordinate courts (i.e. district courts and other lower courts) at the base. 

 

However, the High Courts are not ‘subordinate’ to the Supreme Court because:

  1. A judge  of a High Court can only be removed by the Parliament of India in the same manner and on the same grounds as a judge of the Supreme Court.
  2. The writ jurisdiction of the High Courts (Article 226) is wider than the writ jurisdiction of the Supreme Court (Article 32).

 

The constitutional distribution of powers can be summarized as:

 

Supreme Court of India


  1. Original Jurisdiction: The Supreme Court of India has original jurisdiction in certain cases like disputes involving the Union and one or more States.
  1. Appellate Jurisdiction: The Supreme Court of India has appellate jurisdiction over the decisions of High Courts and some Tribunals in civil, criminal and constitutional matters.

  1. Advisory Jurisdiction: The President of India can seek the advice of the Supreme Court of India on any question of law or fact. For example the Beruberi Union case, 1960.

  1. Writ Jurisdiction: The Supreme Court of India can issue various writs against the government or person for enforcement of Fundamental Rights. (Article 32)

  1. Guardian of the Constitution: The Supreme Court of India is constituted as the defender and guarantor of Fundamental Rights and has the power of judicial review of any arbitrary or malafide legislative/executive action of Union or State Governments.  

High Courts in India


  1. Original Jurisdiction: The High Courts in India have original jurisdiction in certain cases like disputes involving the state government and citizens.

  1. Appellate Jurisdiction: The High Courts in India have appellate jurisdiction over the decisions of subordinate courts and tribunals in their respective states.

  1. Supervisory Jurisdiction:The High Courts in India have supervisory jurisdiction over the lower courts and tribunals within their territorial jurisdiction.

  1. Writ Jurisdiction: The High Courts in India can issue various writs against the government or person not only for enforcement of Fundamental Rights but also for ‘any other purpose’. (Article 226)

  1. Control over Subordinate Judiciary: The High Courts in India have administrative and judicial control over the subordinate judiciary in the respective states and they also have the power of judicial review of any arbitrary or malafide legislative/executive action of Union or State Governments.  

 

Thus, as recently reiterated by the Supreme Court of India in the Shankar Kumar Jha vs. The State of Bihar and Ors., the High Courts in India are ‘Constitutional Courts’ and are not subordinate to the Supreme Court. Therefore, for a proper and effective functioning of the judicial system, a rational oversight mechanism must be adopted by the Supreme Court of India in order to ensure the ‘constitutional’ status of both the courts.

Subjects : Polity
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