The Source of Responsibility

The Source of Responsibility

                The Constitution of India in spirit with the fundamental policy declaration in Article 50 to separate the judiciary from the executive in the public services of the State confers the powers in relation toadministration of justice on the Superior Courts. All authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court as ordained by Article 144. The power to make Rules for regulating the practice and procedure of the Supreme Court vests in it under Article 145. The jurisdiction of the High Courts in relation to the administration of justice in the Court including power to make rules of court is preserved by Article 225 of the Constitution. A Constitution Bench of the Supreme Court has held that, apart from Article 225, the High Court may derive Rule-making powers from substantive provisio ns, such as Article 235 (control over subordinate courts), where the nature of powers conferred by the Article would include power to make rules to regulate the exercise of the power. [State of Uttar Pradesh v. Batuk (1978) 2 SCC 102 (paras 10 - 11)]. The power of superintendence over all courts and tribunals throughout the territories in relation to which the High Court exercises jurisdiction conferred by Article 227, includes under Article 227(2)(b), power to make and issue general rules and prescribe forms for regulating the practice and procedures of such courts. Thus, the Constitution of India envisages a major role to be played by High Court in relation to the administration of justice not only in the High Court but also in relation to the courts subordinate to such High Court. The power, by its very nature, is obviously coupled with the duty to render proper administration of justice. The constitutional concern is not limit ed to decision - making by the courts but extends to the processes of decision making which should bring about acceptable standards of administration of justice in...