why do we have integrated judiciary in india
(no need to explain integrated judiciary)
Answers
Because strictly speaking, India is not actually a true federation like USA where both centre & states are equal partners and also where states have right to secede (withdraw formally) from the federation.
In a true federation like USA, there is a dual system of courts where federal laws are enforced by federal judiciary and state laws are enforced by state judiciary.
Article 1(1) of the Constitution describes India as a “Union of States” and not a Federation of States (like USA). Why? Because —
India is not the result of an agreement among states.
States have no right to secede from India.
Bottomline — India is an Indestructible Union as per the Constitution.
In India, Centre is made intentionally powerful and it always has an upper hand over states. Centre has overriding powers over state laws. In a situation of conflict between a central and a state law, central law will be regarded as final.
Therefore to avoid ambiguity in judicial matters and also the fact that India is NOT a true federation, we have an integrated judicial system where a single system of courts implements both central and state laws.
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