How does the balance of power between the Supreme Court and High Courts affect judicial independence in India?

The Indian judiciary is structured with the Supreme Court at the apex and High Courts at the state level. The balance of power between these courts is crucial for maintaining judicial independence and ensuring that no single authority dominates the process of justice delivery or judicial appointments.

• Decentralization of Power: High Courts have their own jurisdiction and powers under the Constitution. This decentralization ensures that states have a say in judicial matters and prevents excessive centralization in the Supreme Court.
• Collegium System: The collegium system involves both Supreme Court and High Court judges in the appointment and transfer of judges. While the Supreme Court collegium has the final say in appointments, High Court collegiums initiate recommendations, preserving their autonomy.
• Checks and Balances: The relationship between Supreme Court and High Courts acts as a system of checks and balances. The Supreme Court can review High Court decisions, but it cannot directly interfere with the functioning or internal decisions of High Courts, such as their own collegium recommendations.
• Judicial Independence: By not allowing the Supreme Court collegium to dictate names to High Court collegiums, the system protects the independence of High Courts. This autonomy is essential for unbiased and region-specific justice delivery.
• Scope for Dialogue: The process encourages consultation and consensus between the two levels, rather than unilateral decisions. This reduces the risk of arbitrary appointments and upholds the integrity of the judiciary.