No plans for federal judiciary system in India, says Law Minister Kiren Rijiju
The minister said the Constitution provides for a single, integrated system of courts to administer both Union and State laws despite adoption of a federal system of governance and existence of Central Acts in their respective spheres
India has no plan to bring in a federal judiciary system wherein the High Courts would get greater powers a against now, Union Law Minister Kiren Rijiju said on Friday.
“The administration of justice in India draws its legal sanction from the Constitution of India. The Constitution provides for a single, integrated system of courts to administer both Union and State laws despite adoption of a federal system of governance and existence of Central Acts in their respective spheres. Therefore, the judiciary in India is integrated unlike federal systems in some countries,” Rijiju said in a written reply to the Lok Sabha.
The Constitutional scheme provides for division of power between the three organs of the government, the executive, legislature and judiciary. Each possess different areas of functioning.
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“The Government’s role is limited to facilitating the working of the judiciary only and as far as independence and autonomy of judiciary is concerned, the same has been enshrined within the provisions of the Constitution of India,” he added.
The Law Minister was asked whether the government proposes to bring a robust federal judiciary system by empowering the High Courts to interpret the Constitution, to restore the federal balance in the best interest of nation and to reduce the burden on Supreme Court as an integral requirement of the federal State like India which is a Union of States; and if so, the details thereof?
Rijiju responded, saying: “No, Sir”.
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Federal judiciary system
The United States of America has a federal judiciary system. The federal judiciary of the United States is one of the three branches of the federal government of the United States, organised under the US Constitution and laws of the federal government.
Article three of the US Constitution permits the Congress to establish a Supreme Court and other federal courts, place limitations on their jurisdiction. The federal judges are appointed by the US president with consent of the Senate.