Supervision by the Supreme Court over the High Courts: A Constitutional quagmire

Supervision by the Supreme Court over the High Courts: A Constitutional quagmire

Subject : Polity

Section: Judiciary

Context: SC stays HC decision

• In the Constitutional scheme, the Supreme Court and the High Courts are Courts of record.
• The High Court is not a Court subordinate to the Supreme Court, except for the appellate power conferred on the latter. 
• The power of the High Court is wider, as it exercises powers to issue writs for infractions of all legal rights, and also has the power of superintendence over all “subordinate courts”.
• Such power of superintendence is absent in the Supreme Court, which being the highest Constitutional court, was never intended to supervise subordinate courts or the High Courts.  
• What places the Supreme Court at a superior place in the hierarchy is that it is the highest court of appeal, law declared by it is binding on all Courts, it has the power to transfer cases from one High Court to another or to itself and Article 144, which requires all authorities including the High Court to act in aid of the Supreme Court
• The power of appeal implies the power to reverse, confirm, annul or modify the decree of the High Court including the direction to rehear the matter and comply with such directions as may accompany the order of remand.  This power of appeal includes the power to exercise such other incidental or ancillary powers
• The power under this Article (Article 227) cast a duty upon the High Court to keep the inferior courts and tribunals within the limits of their authority and that they do not cross the limits, ensuring the performance of duties by such courts and tribunals in accordance with law conferring powers within the ambit of the enactments creating such courts and tribunal