An In-depth Discussion on Articles 196 to 200 of the Indian Constitution: Modern Perspectives and Relevant Case Laws

Introduction:

The Indian Constitution, a remarkable document that serves as the supreme law of the land, provides a comprehensive framework for governance, rights, and justice in India. In this article, we delve into a detailed discussion on Articles 196 to 200 of the Indian Constitution, examining their relevance in the modern era. By exploring significant case laws, we aim to shed light on the evolving interpretations and implications of these articles in contemporary India.

Article 196: Constitution of High Courts in States

Article 196 establishes the High Courts in various states of India. These courts play a crucial role in the judicial system and act as custodians of justice. Over the years, several landmark judgments have shaped the interpretation and functioning of High Courts. One such significant case is Keshvananda Bharati v. State of Kerala (1973), which affirmed the independence of the judiciary and the doctrine of basic structure. This case highlighted the importance of High Courts as protectors of fundamental rights.

Article 197: Appointments and conditions of the office of a Judge of a High Court

Article 197 deals with the appointment and conditions of office for judges of High Courts. The provision ensures the appointment of qualified and competent individuals to the judiciary. In the case of Supreme Court Advocates-on-Record Association v. Union of India (2016), the court emphasized the significance of transparency and accountability in judicial appointments. This ruling established the collegium system, allowing for wider consultation in the appointment process.

Article 198: Jurisdiction of High Courts in relation to subordinate courts

Article 198 delineates the jurisdiction of High Courts over subordinate courts within their respective states. It establishes the hierarchical structure of the judiciary and delineates the powers and functions of High Courts. In the case of State of Rajasthan v. Prakash Chand (1998), the Supreme Court held that the High Courts possess supervisory jurisdiction over lower courts, ensuring the proper administration of justice and upholding the rule of law.

Article 199: Transfer of High Court Judges

Article 199 grants the power to transfer High Court judges from one High Court to another. The transfer of judges is a sensitive issue, and it is essential to maintain the independence and impartiality of the judiciary. In Union of India v. Sankalchand Himatlal Sheth (1977), the Supreme Court observed that while the transfer of judges is permissible, it should be exercised judiciously, without compromising the principles of justice and fair play.

Article 200: Assent to Bills by the Governor

Article 200 grants the Governor the power to give assent to bills passed by the State Legislature. This provision acts as a check and balance, ensuring that legislation is in line with the Constitution and the interests of the state. In Nabam Rebia v. Deputy Speaker (2016), the Supreme Court clarified that the Governor's assent cannot be used to override the Speaker's decision on matters within the legislative domain.

Conclusion:

Articles 196 to 200 of the Indian Constitution provide a robust framework for the establishment and functioning of High Courts, appointment of judges, jurisdiction, and legislative checks. The modern era has witnessed a dynamic evolution in the interpretation and implementation of these provisions, as demonstrated by the aforementioned case laws. As India progresses, it becomes imperative to adapt and interpret these articles in a manner that upholds justice, protects individual rights, and strengthens democratic principles. The continued examination and discussion of these provisions will ensure their effective application in the ever-changing landscape of Indian governance and law.