Weakening Of Constitutional Autonomy By Superior Courts Threatens Concept Of Judicial Federalism: Allahabad HC

KEY TAKEAWAYS

• Case: Hasae @ Hasana Wae and 11 Others Vs State of U.P. and another in the court of Hon’ble Justice Ajay Bhanot.
• The Court laid down that in the absence of powers equivalent and similar to those of the Supreme Court, the High Courts would not be able to effectively exercise their powers and fulfill their constitutional functions in good faith.
• Weakening the constitutional autonomy of the higher courts would violate the concept of judicial federalism enshrined in the Constitution and confirmed by judicial precedents.
• The Court further emphasized and added that the constitutional autonomy of the Supreme Court could be undermined by many factors.

IMPORTANCE OF THE CASE

• Basically, the quality of justice and the credibility of the institution convinced the majority of the people to agree with the consistency of the decisions of the High Court of Allahabad.
• In addition, the court also noted that in the absence of powers equivalent and similar to those of the Supreme Court, or without constitutional autonomy, the High Courts will not be able to effectively carry out their constitutional functions.
• In this context, the Court also emphasized the importance of federalism, including the areas of unified accountability of the Supreme Court and the High Courts.
• The court added that the first target was achieved without a reliable structure and an efficiently functioning system of judicial federalism.
• The court further added that the benefits of judicial federalism, respect among constitutional courts, and the quality of constitutional dialogue among them will be lost or destroyed depending on the parties.
• It was further explained that the weakening of the constitutional autonomy of the high courts would be a violation of the concept of judicial federalism enshrined in the Constitution and judicial precedents.

DISCUSSION OF THE CASE

• The consequences of depriving the High Courts of their constitutional autonomy by the Supreme Court will mean a decrease in the quality of justice for the people of the country and weaken the observance of the law.
• In this context, the Court emphasized and additionally added that the constitutional autonomy of the Supreme Court can be diminished due to a variety of factors.
• The court stated that the interpretation of appellate jurisdiction as the vesting of supervisory powers could jeopardize the constitutional autonomy of the higher courts.
• It is important to accentuate that in emphasizing that participation in the judicial process is limited and that the consequences of judicial decisions can be generalized, the Court took into account the concept of judicial federalism, by expanding participation in legal debate and deepening the sensitivity of judicial approaches, allows constitutional courts effectively address countless disputes.

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