vinod satpute (student) 24 January 2009

CONSTITUTION QUERY

IS HIGH CORTS DECISION BINDING ON THE LOWER COURTS......

AND IS THE SAME MENTIONED IN ANY OF THE ARTICLES OF OUR CONSTITUTION..

I WILL BE GREATFUL FOR YOUR ANSWER ..

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AEJAZ AHMED (Legal Consultant/Lawyer) 25 January 2009

Dear Vinod,

Our Indian Constitution in the following Articles says as:

Article – 227. : . Power of superintendence over all courts by the High Court.—

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provision, the High Court may—

(a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:

Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.

Article – 141 : Law declared by Supreme Court to be binding on all courts.—

The law declared by the Supreme Court shall be binding on all courts within the territory of India.

Judiciary in India:

· The Supreme Court and the High Courts in various states are free to ask the government to look into and rectify a certain matter even though nobody has brought before them a case or a petition related to that matter. Even a report in the media can be used by the judiciary to issue an order to the government.

· Judicial activism as explained above has caused some friction between the Courts and the Parliament. In the event of a showdown (which has not happened in a serious manner), it is the Parliament that will prevail.

· A national hierarchy of courts administers justice in India. The apex court is the Supreme Court followed by High Courts in all the states and district courts.

· Case law is allowed: i.e. a ruling by a higher court on a specific case is binding on all lower courts if faced with an identical case.

· Higher courts have appellate power over lower courts. The Supreme Court has the widest appellate power over any final judgment of any High Court involving interpretation of the Constitution of India and other substantive questions of law

Further Kindly go Through the Attached files:

Attached File : 57 single integrated judicial system.doc downloaded: 141 times