Judicial ReEngineering

Hong Kong
In Hong Kong, the Supreme Court of Hong Kong (now known as the High Court of Hong Kong)
was the final court of appeal during its colonial times which ended with transfer of sovereignty in
1997. The final adjudication power, as in any other British Colonies, rested with the Judicial
Committee of the Privy Council (JCPC) in London, United Kingdom. Now the power of final
adjudication is vested in the Court of Final Appeal created in 1997. Under the Basic Law, its
constitution, the territory remains a common law jurisdiction. Consequently, judges from other
common law jurisdictions (including England and Wales) can be recruited and continue to serve
in the judiciary according to Article 92 of the Basic Law. On the other hand, the power of
interpretation of the Basic Law itself is vested in the Standing Committee of the National
People's Congress (NPCSC) in Beijing (without retroactive effect), and the courts are authorised
to interpret the Basic Law when trying cases, in accordance with Article 158 of the Basic Law.
This arrangement became controversial in light of the right of abode issue in 1999, raising
concerns for judicial independence.
India
In India, the Supreme Court of India was created on January 28, 1950 after the adoption of the
Constitution. Article 141 of the Constitution of India states that the law declared by Supreme
Court is to be binding on all Courts within the territory of India. It is the highest court in India
and has ultimate judicial authority within India to interpret the Constitution and decide questions
of national law (including local bylaws). The Supreme Court is vested with the power of judicial
review to ensure the application of the rule of law. Besides, unlike most other countries, Indian
Constitution places the supreme court (judiciary) co-equal with the legislative and the executive
wings. Therefore the judiciary is neither superior nor inferior to the legislative or the executive.
With reference to the State of Jammu and Kashmir (J&K) it would be relevant to note that, J&K
has for various historical reasons a special status vis-a-vis the other states of India. Article 370 of
the Constitution of India carves out certain exceptions for J&K. The Constitution of India is not
fully applicable to the state of J&K. This is the effect of Article 370. The Constitution of India is
applicable to the state of J&K with various modifications and exceptions. These are provided for
in the Constitution (Application to Jammu and Kashmir) Order, 1954. Also, Jammu and
Kashmir, unlike the other Indian states, also has its own Constitution. Although the Constitution
of India is applicable to Jammu and Kashmir with numerous modifications, the Constitution
(Application to Jammu and Kashmir) Order, 1954 makes Article 141 applicable to the state of
J&K and hence law declared by Supreme Court is equally applicable to all courts of J&K
including the High Court.
Ireland
The Supreme Court is the highest court in Ireland. It has authority to interpret the constitution,
and strike down laws and activities of the state that it finds to be unconstitutional. It is also the
highest authority in the interpretation of the law. Constitutionally it must have authority to
interpret the constitution but its further appellate jurisdiction from lower courts is defined by law.
The Irish Supreme Court consists of its presiding member, the Chief Justice, and seven other
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