Chief Justice of India (CJI) Surya Kant has underscored the constitutional autonomy enjoyed by high courts, stating that the Supreme Court is not a 'headmaster' supervising their functioning. He emphasized that high courts must be respected for their independent constitutional space.
The CJI made these remarks during a hearing of an appeal filed by the Jharkhand State Pollution Control Board (JSPCB) against an interim order of the Jharkhand High Court. The high court had restrained the JSPCB from granting consent to operate stone mines and stone crushers within one kilometre of protected forests in the state.
The CJI's observations are significant as they reiterate the constitutional position that high courts are not subordinate to the Supreme Court in the exercise of their constitutional jurisdiction. High courts have wide powers of judicial review under Article 226 and supervisory jurisdiction over all courts and tribunals within their territorial limits under Article 227.
The Supreme Court, however, was disinclined to interfere with the high court's interim order, indicating that all issues could be examined by the high court during the final hearing. The JSPCB eventually withdrew its special leave petition.
