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Context: India is a union of States. The Supreme Court of India has held that the federalist nature of our country is part and parcel of the basic structure of the Constitution. The article examines the need to strengthen the federal nature of our judiciary.
Federalism in India
Nature of judiciary in India: Federal judiciary
Single integrated judiciary: The High Courts and the Supreme Court form one single integrated judiciary having jurisdiction and providing remedies in all cases arising under the constitutional law, the civil law or the criminal law.
Equality of power of High Court judges and Supreme Court judges
Superior only in appellate sense: The Supreme Court has, on many occasions, reiterated the position that the Supreme Court is superior to the High Court only in the appellate sense.
Erosion of standing of High Court
In recent years, three specific trends have greatly eroded the standing of the High Court, leading to an imbalance in the federal structure of the judiciary.
Collegium system: The Supreme Court of India today, by playing the role of a collegium, effectively wields the power to appoint a person as a judge to a High Court or to transfer him or her to another High Court, or to appoint (or delay the appointment) of a sufficiently senior High Court judge as a chief justice or as a judge of the Supreme Court
Parallel judicial systems: Successive governments have passed laws that create parallel judicial systems of courts and tribunals which provide for direct appeals to the Supreme Court, bypassing the High Courts.
Interventionist Supreme Court: The Supreme Court has been liberal in entertaining cases pertaining to trifling matters.
Impact on the federal structure
By: Shubham Tiwari ProfileResourcesReport error
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