White Paper on Indian States (1950)/Part 11/The Judiciary of States under the New Constitution
Judiciary of States under the new Constitution
236. The original draft of the Constitution differentiated between the States and the Provinces as regards the jurisdiction of the Supreme Court and did not define the Constitution of the High Courts of the States. The Constitution as finally adopted removes this disparity and integrates the judicial systems of the Provinces and States into one co-ordinated system.
The framers of the new Constitution have taken particular care to ensure the independence of the judiciary. Appointment of judges of the Supreme Court as also of the High Courts of States, are to be made by the President in consultation with the Chief Justice of India. The High Courts of States in Part B are to be governed by the same provisions as apply to the High Courts of the States in Part A in the matter of their constitution, jurisdiction, etc. The only distinction which the Constitution recognises in this field is that unlike the salaries of the judges of the High Courts in States specified in Part A, the salaries of judges in Part B States will be such as the President may, in consultation with the Rajpramukh, prescribe. This is a provision of s transitory nature and has been made to meet the immediate needs of the High Courts of States.
237. The Constitution vests in the Supreme Court wide jurisdiction in respect of matters constitutional; civil and criminal. Parliament will have power to enlarge the jurisdiction of the Supreme Court in respect of matters in the Union List as also to confer "ancillary powers" on it. The law declared by the Supreme Court will be binding on all Courts within the territory of India. All decrees and orders of the Supreme Court will be enforceable throughout the territory of India in such manner as may be prescribed by Parliament by law. All authorities, civil and judicial, in the territory of India are under a statutory obligation to act in aid of the Supreme Court. The Supreme Court will be the final tribunal for the States in Part B, not as a matter of courtesy as it were, as was the case under the Act of 1935; its authority and jurisdiction will directly extend to States as well as Provinces. It will truly be the guardian of the Constitution and the coping-stone of the entire judicial structure of India, covering the Provinces and the States alike.