Q.2 The Constitution no doubt contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”. In light of this, examine the implications of the use of the term for the judiciary and suggest the way forward. (10 Marks)

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 garg
muskan garg
3 months ago

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Sehaj Singh
Sehaj Singh
3 months ago

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