In Schedule I, Part III, the States have been specified as they had been in the past, although a number of States have merged to from Unions and have in a way given themselves the character of a province. Madhya Bharat Union may be taken as a case in instance. The Raj Pramukh of Madhya Bharat signed a new Instrument of Accession on June 15, by which all the subjects mentioned in the first and third lists of Seventh Schedule excluding taxes and duties, have been handed over to the Centre. This means that even the Judiciary has been subordinated to the Centre. But even then no appeal can lie to the Supreme Court from the decisions of its High Court under Sections 111 and 113 of the present Draft. When the Madhya Bharat Union has, by its new instrument of accession surrendered all its rights, transferred all its powers to the Centre and agree to all it proposals. I cannot see why a provision has been made prohibiting appeals being made to the Supreme Court against the judgments of the High Court of the Union. Section 113 lays down that a reference can be made to the Supreme Court. But I fail to understand why an appeal against the High Court cannot be admitted in the Supreme Court. This is a matter which particularly affects the rights of the people. I submit that a single provision of such a type would have been sufficient for the protection of the rights of the people. Our efforts to bring the High Court of the Union, into line with the Provincial High Courts would be facilitated and would be crowned with success if these High Courts are made subordinate to the supreme court. And this step would also considerably facilitate the attempts to bring the Unions into line with the provinces it may be said that the High courts are not sufficiently developed there but so far as the High courts of Gwalior and Indore are concerned I can say with some pride that they are in no way inferior to the High Courts of the provinces; nor do they have lesser standing. They too have as learned Judges as have the High Courts of the provinces.
