Mentor’s comment-
- In the intro, mention the use of the expression “subordinate courts” used by Part VI, Chapter 6, of the Constitution of India.
- In the body, mention the use of the word subordinate and its implications for the independence of the judiciary as a basic structure of the Constitution. Mention the power of superintendence of the high courts on the administrative side. But these powers are not absolute. In the way forward suggest the amendment to remove the word subordinate.
- Conclude by mentioning the need to make the judiciary as a whole independent.
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Muskan
In the introduction, mention Part6 , Chapter 6 or articles 233-237, where subordinate courts are mentioned- with your explanation.
In implications, points are fine. You should mention Article 235, which gives the HC control over district courts and courts subordinate thereto including the posting,promotion and the grant of leave to persons belonging to the judicial service of a State but with caveats. Power of HC is not absolute and it has to deal with him in accordance with the conditions of his service prescribed under the law.
You have mentioned amendment of the word subordinate in way forward, so you need to mention why it’s use is not proper in the body. Mention that independence of the judiciary is part of the basic structure and using subordinate gives a feeling of judicial feudalism.
Also, Constitution allows supervision, but it does not sanction judicial despotism. It erects a safeguard by the provision of the constitutional right to appeal to the Supreme Court.
See, the question is not about issues of subordinate courts but about the use of the term ‘subordinate’. So cases piling up, infrastructure etc can be avoided- these issues are not due to court being termed subordinate.
Way forward is fine, you can write about the recent Himachal HC order that now onwards all the courts in the state other than the high court shall be referred to as district judiciary.
Also in amendment, mention amending article 235.
Conclusion is fine. Keep writing. 🙂
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Sehaj
Nice attempt. Introduction is fine. You can also mention articles 233-237 along with part 6, chapter 6.
Especially article 235 needs a mention, because this article gives the HC control over district courts and courts subordinate thereto including the posting,promotion and the grant of leave to persons belonging to the judicial service of a State. But there are caveats. Power of HC is not absolute and it has to deal with him in accordance with the conditions of his service prescribed under the law.
In implications you can add that independence of the judiciary is part of the basic structure and using subordinate gives a feeling of judicial feudalism.
Also, Constitution allows supervision, but it does not sanction judicial despotism.
Way forward and conclusion are fine.
Keep writing. 🙂