The Apex Court recently reaffirmed that high courts are constitutional courts as well and are independent of the Supreme Court. 

When deliberating a Special Leave Case brought under Article 136 of the Constitution to order the Patna High Court to adjudicate the petitioner's pending writ petition within a set time frame, a bench made up of Justices Abhay S. Oka and Ahsanuddin Amanullah stated as much. 

The Bench also stated that each High Court has a unique situation on the problem of pending matters.

“It may be noted here that the High Court is also a Constitutional Court and is not subordinate to this Court. Every High Court has a different scenario when it comes to pendency of old cases.”

The petitioner's only remedy would be to apply to the respective High Court asking a priority in hearing his case, the Bench advised. The concerned High Court will set its own priorities taking into account the pendency of cases.

“It is ultimately for the concerned High Court to fix its own priorities considering the pendency of cases. The remedy of the petitioner is to apply to the High Court for giving priority to the hearing of his case.”

“No relief can be granted in this petition’, the Court said while dismissing the plea.