A delicate balance of power is required to be maintained between the Supreme Court and the High Courts for efficient judiciary in the country. Elaborate (200 Words)
Refer - The Hindu
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IAS Parliament 2 years
KEY POINTS
· An integral requirement of a federal state is that there be a robust federal judicial system which interprets this constitution, and therefore adjudicates upon the rights of the federal units and the central unit, and between the citizen and these units.
· The Indian Constitution envisaged the equality of power of High Court judges and Supreme Court judges, with a High Court judge not being a subordinate of a Supreme Court judge.
· The Collegium also has the power to transfer judges and chief justices from one High Court to another.
· This has inevitably led to the balance tipping in favour of a centralisation of the judiciary. The greater the degree of centralisation of the judiciary, the weaker the federal structure.
· 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,.
· The third of the factors identified by us is the creation of parallel hierarchies of courts and tribunals, whether it be the Competition Commission, or the company law tribunals, or the consumer courts.
· An integral requirement of a federal state is that there be a robust federal judicial system which interprets the constitution.
Manish 2 years
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IAS Parliament 2 years
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