Independent Jurisdiction in Constitution is the problem!!

In India, Constitution is supreme law and all laws are subordinate to it. Naturally any law subordinate to the Constitution must pass the test of compliance of the provisions of the law superior to it as well as constitution. However we can see that everybody is claiming the infringement of fundamental rights whenever any law is made for regulation of any subject involving the general law n order, business policy, civil rights, commerce, trade etc and the matter remains pending for many years in the court and often the delayed final judgement fails to deliver the justice - punishment to guilty and rehabilitation of aggrieved party. In my opinion the true cause of this problem is independent and overriding jurisdiction of all 4 pillars of constitution and concurrent division of powers between union and states. For example a lower court having jurisdiction over a case can take a different stand on the ground of negligible difference in facts of case. High Court can defy orders of Supreme Court on some negligible grounds. Executive can pass orders despite appeal orders in the name of his independent judgement. People can elect an adjudicated criminal who is bailed out due to pending cases. Parliament can make any law that has been struck down previously with some negligible modifications etc.

Division of powers between union and states and various authorities thereof actually creates the multiple laws on the same matter or subject and judiciary is bound to respect all laws and procedures connected therewith and take harmonious construction of law and facts. This creates various stages where one case gets pending and piles of cases keep rising. I can suggest two alternatives as under.

Remove the division of powers between union and states and all principal law on all subjects be made by central govt only and all rules, regulations for administration of each law be made by each state governments only. This will make one law for one subject all over the country and judiciary will become more powerful to decide case on facts and merits.

Constitute All India Judicial Service under the central govt where state should not have any interference and all judicial officers right from SJM to Supreme Court judge should be made a separate cadre according to branch of law they have studied and served. Quasi judicial powers given to some civil executives under special law like income tax, sale tax, company law etc must be abolished and special branch of judiciary be created for the purpose. This will make the executive truly answerable to judiciary and could be punished for contempt and wrong decision taken by him if any.   


Pradeep Garg 
on 29 March 2017
Published in Civil Law
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