High Courts Are Not Subordinate To Supreme Court, They Are Constitutional Courts : SC

Under the Indian Constitution, the power to interpret the Constitution and entertain judicial review petitions is exercised by the Supreme Court and the High Courts alone and therefore, are referred to as the constitutional courts.

A Bench comprising of Justices Abhay S Oka and Ahsanuddin Amanullah said so while considering a Special Leave Petition filed under Article 136 of the Constitution seeking to direct the Patna High Court to decide the pending writ petition of the petitioner within a time bound schedule.

The Bench also added that every High Court has a different scenario when it comes to issue of pending cases.

“It may be noted here that the High Court is also a Constitutional Court and is not subordinate to this Court. Every High Court has a different scenario when it comes to pendency of old cases.”

The concerned High Court will fix its own priorities considering the pendency of cases and the petitioner’s only remedy would be to apply to the respective High Court requesting a priority in hearing his case, the Bench opined.

“It is ultimately for the concerned High Court to fix its own priorities considering the pendency of cases. The remedy of the petitioner is to apply to the High Court for giving priority to the hearing of his case.”

“No relief can be granted in this petition’, the Court said while dismissing the plea.

Case : Shankar Kumar Jha Vs The State Of Bihar & Ors | Special Leave Petition (Civil) Diary No(S). 40774/2022 

Citation : 2023 LiveLaw (SC) 114

For Petitioner(s) Mr. Rakesh Kumar Singh, AOR Mr. Ashok Anand, Adv. Mr. Rajan Kr. Singh, Adv. Mr. Rajeev Ranjan, Adv. Mr. Somanatha Padhan, Adv. Mr. Mukul Dev Mishra, Adv.

Constitution of India - High Court is also a Constitutional Court and is not subordinate to the Supreme Court

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