a) Jurisdiction of High Courts:
High Courts in India are an essential part of the country’s judicial system, serving as intermediate courts between the lower courts and the Supreme Court of India. Each state and union territory has its own High Court. The jurisdiction of High Courts encompasses several crucial aspects:
- Original Jurisdiction: High Courts have original jurisdiction in certain cases, including habeas corpus petitions, civil suits involving a substantial question of law, and disputes involving state or union territory governments. This means that these cases can be filed directly in the High Court, bypassing lower courts.
- Appellate Jurisdiction: High Courts hear appeals from lower courts, including district courts and tribunals within their territorial jurisdiction. These appeals pertain to civil, criminal, and administrative matters. High Courts have the authority to review the judgments and orders of lower courts.
- Supervisory Jurisdiction: High Courts possess supervisory jurisdiction over all courts and tribunals in their respective states or union territories. This jurisdiction allows High Courts to ensure that these lower courts and tribunals are functioning within the bounds of law.
- Writ Jurisdiction: High Courts have the power to issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to safeguard fundamental rights and ensure that government actions are in accordance with the law.
- Civil and Criminal Jurisdiction: High Courts deal with a wide range of civil and criminal cases, including disputes related to property, contracts, family matters, and criminal offenses. They also handle matters involving constitutional issues and public interest litigation.
b) Parliamentary Sovereignty:
Parliamentary sovereignty is a fundamental concept in the British constitutional system, which greatly influenced the Indian Constitution. However, in India, the doctrine of parliamentary sovereignty operates with certain limitations and is subject to constitutional checks and balances. Here’s a brief overview:
- Parliament as the Supreme Lawmaker: In the Indian context, parliamentary sovereignty means that the Parliament, consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States), has the authority to make and amend laws. These laws apply to the entire country, and Parliament is the highest legislative authority.
- Constitutional Limitations: While Parliament has the power to enact and amend laws, it is bound by the provisions of the Indian Constitution. The Constitution serves as the supreme law of the land, and Parliament’s legislative actions must conform to its provisions. If a law passed by Parliament violates the Constitution, it can be struck down by the judiciary.
- Judicial Review: The doctrine of parliamentary sovereignty in India coexists with judicial review. The judiciary has the power to review and declare any law passed by Parliament as unconstitutional if it violates the fundamental rights guaranteed by the Constitution. This is a crucial check on Parliament’s authority.
- Separation of Powers: The Indian Constitution envisions a separation of powers between the legislative, executive, and judicial branches of government. While Parliament has the power to make laws, it is the executive branch that implements them. The judiciary, on the other hand, interprets and applies these laws, ensuring that they adhere to the Constitution.
- Federalism: India’s federal structure also places limitations on parliamentary sovereignty. The Constitution allocates specific powers to both the central and state governments, and these divisions of power are protected by the Constitution. Parliament cannot infringe upon the powers allocated to the states without constitutional amendments or the states’ consent.
In summary, while India’s parliamentary system is characterized by the doctrine of parliamentary sovereignty, this sovereignty operates within the framework of constitutional limitations, judicial review, the separation of powers, and the principles of federalism. Parliament is the supreme legislative authority, but its actions must conform to the Constitution, which is the ultimate law of the land. The interplay of these factors ensures that the Indian democracy functions with checks and balances to safeguard citizens’ rights and maintain the rule of law.
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