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During arbitration, in the supposition of their proceedings, the parties to the suit are used to invoke the decision of higher courts. The decision of the High and the Supreme Court is the rule of law. The decisions considered to be binding on the lower courts. If the judgment of the high courts is quoted in a case , the court will accept the judgment of the higher courts and obey it in theory. This is known as the judicial discipline doctrine. It is judicial indiscipline if the lower court does not obey the decision of the higher courts, even though it is placed before the court for its consideration [1]
In view of a single Constitution India has a single integrated judicial structure. The Indian judiciary serves as the custodian of the Indian constitution and the protector of human rights. The Indian Judicial System is one of the world's oldest juridical systems. The Indian legal system has been primarily influenced by local traditions and religion. And pyramidal in form with the Supreme Court at the top and the High Court at the bottom and the other Subordinate Courts. The adversarial arbitration procedure is practiced by the Indian Judicial System, in which the neutral unbiased party on both sides make claims before the Court. In our country, the Constitution lays down the foundation of an integrated judiciary having Supreme Court as the highest and final court of appeal. It is considered as ”the watchdog of the constitution”. The whole judicial system and also the common people put their faith in judiciary and the system which is carved out in law for the delivery of justice . The hierarchy of the Indian criminal courts is given in Section 6 of the Code of Criminal Procedure, 1973 . The hierarchy is designed by the makers of the constitution after a studying the conditions of the country and is made in the best interest of , it is the duty of the subordinate court to abide by the presious decisions of higher courts their decision is binding on all the lower court it is necessary to maintain balance and current status quo of the country so that peace and tranquility of the people of the nation is not disturbed .
When despite all such guidelines any lower court does not follow the orders of the SC and pass the judgment according to their own personal decision and then it amounts to judicial indiscipline.
Article 141–[2] Law declared by Supreme court to be binding on all courts– The law declared by Supreme court to be binding on all courts within the territory of India The law declared binding on all subordinate courts within the State by the High Court;' East India Commercial Co. v. Collector of Customs, AIR 1962 SC 1893:[3] The legal principle of natural justice is Res judicata pro veritate accipitur, meaning that a court's judgment is assumed to be correct; an adjudicated object is accepted as valid.
The rules of judicial discipline require that the superior appeal authoritybe unreservedly enforced by the subordinate authority and can not be disregarded merely because that appeal order is the subject of appeal which is pending."
Aay Sons Elastomerics India and others v. State of UP and others 1995(29) ATJ-561 , "Special appeal to the Supreme Court was lodged against that court's judgment upholding the ultra vires provisions of Section 8-A(4). That, in our opinion, is no excuse not to give effect to this Court's declaration of law. So long as this Court's decision remains unchallenged, the Sales Tax Officer is obliged to give effect to this declaration of law and can not take over Behind filing of appeal in order to relieve himself of his obligation to do so.[4]
"B. Dixit Mishra V. B, AIR 1972 SC 2466, 2468.[5] "Contempt of Court is disobedience to the Court, behaving in opposition to its jurisdiction, its justice and its integrity. It means a deliberate disregard or violation of the Court's order; it also means such conduct as appears to disrepute the Court's authority and the administration of law.
In case anybody defies the authority or dignity of a court than The Supreme Court and The High Courts have the power to punish for contempt.
In the recent unfolding of events as seen in the Rajasthan political turmoil , it is a classic example of judicial indiscipline shown by the Rajasthan HC as it has deviated from a SC ruling in Anti defection laws. The HC ordered maintenance of status quo on the disqualification proceedings and admitted the petition of 19 MLAs challenging the Speaker’s notice under Anti Defection Law.
The order marks a violation of the Supreme Court’s Verdict in Kihoto Hollohan V. Zachillhu Case (1992)[6] in which the SC said -
The Anti Defection Law doesn’t undermines an individual legislator’s freedom of speech and expression under Article 19 of the constitution It is a rare instance of HC bypassing the judgment of SC , but whatever the circumstances the HC has disregarded the law laid down by SC by disregarding the plea laid down by PILOT camp .
It sets a wrong precedence for the people of the country and the violation on law in the rule of law must be condemned and looked into by the authorities
[1]https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=170. [2] https://indiankanoon.org/doc/882644/. [3] https://indiankanoon.org/doc/1839963/. [4] https://taxguru.in/finance/legal-binding-judicial-discipline-contempt-court-reality.html. [5] https://indiankanoon.org/search/?formInput=baradakanta%20mishra%20v.%20bhimsen%20dixit%20. [6] https://indiankanoon.org/doc/1686885/.
AUTHOR -Aeshna Raghuwanshi , Chanakya National Law University(BALLB)
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