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Report No. 58

The role of the Higher Courts

2.5. For the maintenance and enforcement of rights and remedies, the judiciary is the principal instrument of the legal order. In the welfare State, administrative tribunals, not belonging to the traditional judicial hierarchy may be inevitable, but the ultimate check against the wrong exercise of jurisdiction by such tribunals is the judiciary. Judicial justice, therefore, is of supreme importance. Of the judicial hierarchy through which this justice is administered, the courts which constitute the higher judiciary in India, the Supreme Court and the High Courts-can be said to occupy a position of importance, not only because of the fact that they are at the apex but also because of the wide and comprehensive jurisdiction which they possess.

Structure and Jurisdiction of the Higher Judiciary Back

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