Status Of High Courts Vis-À-Vis The Supreme Court Of India In The Judicial Setup: Are High Courts Subordinate To The Supreme Court?
Shreshthraj Srivastava & Maharshi Thakkar, LLM Candidates at Gujarat National Law University, Gandhinagar
ABSTRACT
The debate regarding the superiority of the Supreme Court of India and whether High Courts are subordinate to it still persists. The questions about the intricate constitutional text hauls great minds till date that whether it has provided the supreme court the power of superiority over the high courts. The debate ones again ignited when Hon’ble Justice Chelameswar made remarks at a book launching ceremony that high courts in India are not subordinate to the supreme court although the Supreme Court intervenes to a great extent in administration as well as appointment procedures of judges of high courts. The text of the constitution presents a blurry picture. It neither specifically states nor denies the superiority of Supreme Court over the High Courts. Through various judgments, the Supreme Court has categorically reiterated that High Courts are not subordinate to the Supreme Court. In terms of practicality, the Supreme Court exercises great superior powers over the high courts in terms of administrative justice which is quite opposite to the principles established through the judgments. This paper majorly delves into three major aspects. Firstly, certain articles of the constitution which depicts the position of both the entities are highlighted. Secondly, the take of the judiciary itself, the supreme court only, is presented. And thirdly, we analyze the present prevailing practices to ascertain this position. Following the concluding remarks, we float the idea that there has been indeed the supervision of the Supreme Court over the High Courts, if not constitutionally, then in practice.
