A case for a more federal judiciary

judicial federalism

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

What the editorial is about?

The need to empower the high courts by SC to address the existing imbalance.

Context

  • The Supreme Court of India has held that the federalist nature of our country is part and parcel of the basic structure of the Constitution.
  • Much has been written about the federal structure in relation to the legislature and the executive.
  • There is now a need to examine the Indian judiciary and to strengthen the federal nature of our judiciary considering the recent trends greatly eroded the standing of the High Court.

Federalism

  • Federalism is a midpoint between unitarism which has a supreme centre, to which the States are subordinate, and confederalism wherein the States are supreme, and are merely coordinated by a weak centre.
  • The idea which lies at the bottom of federal

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