Context:
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SC transferred all oxygen supply-related cases in various High Courts to SC.
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It did so, in the name of prioritising uniformity across nations in the distribution of essential services.
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This step of SC contradicts Judicial Federalism.
SC on Federalism:
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The doctrine of federalism has been upheld by the Supreme Court as a part and parcel of the basic structure of the Indian Constitution.
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It becomes extremely significant to embolden the federal feature of the India Judiciary.
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In order to retain the federal nature of the judiciary, the role of High Courts and their jurisdiction must be recognised and empowered.
Federal characteristics of Judiciary:
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A robust federal judicial system forms the integral requirement of a federal state.
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This system of judiciary includes the Supreme Court and High Court that are entrusted to adjudicate the rights of the federal and central units and between the citizens and these units.
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The integrated judicial system functions as a single entity providing remedies in all the cases originating under constitutional law, civil law and criminal law.
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The Supreme Court is superior to the High Court only in the appellate sense. This was reiterated by the Supreme Court on many occasions.
Instances of encroachment by SC:
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Despite the fact that the high courts are not subordinate to the Supreme Court, there have been multiple events that reflected considerable inclination towards the central court. This imbalance started increasing after 1990.
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A prominent rise in centralisation has been observed in the judicial set-up with the gradual progress of time.
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Appointment of the judges and chief justice of HC and SC by the Collegium. The collegium has the power to transfer judges and chief justice from one court to another.
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Bypassing the HCs with the creation of parallel judicial systems that provide direct appeal to SC.
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Arbitrary intervention by SC in trivial matters like
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Transferring all cases related to Oxygen Supply to itself.
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Not transferring cases related to the Internet ban in Kashmir or activists and journalists who were arrested and detained.
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Article 139A:
Article 139A of the Constitution, empowers the SC to transfer cases from the High Courts to itself if cases involve the same questions of law.
Conclusion:
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The central units have a tendency to aggrandise power to themselves from the state units believing that this would ensure better discharge of duties. This notion has been weakening the entire body of the state which will ultimately lead to an irreversible decay of federalism.
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Therefore, there is an urgent need to empower the High Courts with significant acknowledgement towards its effective role in the judiciary.
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The Supreme Court, as the custodian of the Constitution, is expected to play an active role to enliven the spirit of federalism.