Eleanor Finch
The Supreme Court is the highest judicial court in India and is established by Article 124 of the Indian Constitution. It is also known as the Guardian of the Constitution because it upholds the rule of law and protects citizens' fundamental rights and liberties as provided in the Constitution. The Supreme Court of India is headed by the Chief Justice of India, who is currently Justice Uday Umesh Lalit. Similarly, in the United States, the Supreme Court is the highest court in the land and has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. The US Supreme Court was established by Article III of the Constitution, which also establishes its jurisdiction.
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What You'll Learn
The Supreme Court is the highest court in the land
The Supreme Court is the final arbiter of justice, with the power to hear cases and make decisions about them, as well as the authority to determine the types of cases it may hear. It is the court of last resort for those seeking justice. The Court has original jurisdiction over certain cases, such as disputes between states or cases involving foreign ambassadors, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The Supreme Court also has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power, established in the case of Marbury v. Madison (1803), allows the Court to act as a check on the other branches of government and ensure that each branch recognizes the limits of its power.
In India, the Supreme Court is established by Article 124 of the Constitution and is the highest judicial court under the Constitution. As per Article 32, the Supreme Court is the guardian of fundamental rights, and any person whose fundamental rights are violated can directly approach the Supreme Court for a remedy. The Supreme Court of India also upholds the rule of law and protects citizens' rights and liberties as given in the Constitution.
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It has the power of judicial review
The Supreme Court is the highest judicial court in India, established on 28 January 1950. It upholds the rule of law and protects citizens' rights and liberties as given in the Constitution. It is also known as the Guardian of the Constitution. Article 32 of the Indian Constitution states that the Supreme Court is the guardian/protector of fundamental rights. Any person whose fundamental rights are violated can directly approach the Supreme Court for a remedy, and any matter regarding the enforcement of fundamental rights comes under the original jurisdiction of the Supreme Court.
The Supreme Court of the United States is established by Article III of the Constitution. Article III, Section I states that \"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court's power of judicial review is not expressly mentioned in the Constitution. However, the Court established this power in the case of Marbury v. Madison in 1803. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as supreme, the Court held that an Act of Congress that is contrary to the Constitution is null and void.
The power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution. This power is considered one of the most significant aspects of judicial power, as it enables the Court to check the other branches of government and ensure they recognise the limits of their power. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
In summary, the Supreme Court's power of judicial review is a crucial aspect of its role as the Guardian of the Constitution. It enables the Court to interpret the Constitution, ensure government branches act within their constitutional limits, and protect citizens' rights and liberties.
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The Court can declare acts of Congress unconstitutional
The Supreme Court is the highest court in the United States, established by Article III of the Constitution. The Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
One of the most important powers of the Supreme Court is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this landmark case, the Court decided that an Act of Congress that contradicts the Constitution cannot stand, and that the Constitution is the supreme law of the land.
Since Marbury v. Madison, the Supreme Court has held unconstitutional portions or the entirety of around 182 Acts of Congress as of 2017. For example, in City of Boerne v. Flores (1997), the Court held that the Religious Freedom Restoration Act was "so far out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior". In Leary v. United States (1969), the Court held that a provision of the Narcotic Drugs Import and Export Act was unconstitutional under the Due Process Clause of the Fifth Amendment.
The Supreme Court's power of judicial review is essential for maintaining the balance of power between the three branches of government and ensuring that each branch recognises the limits of its authority. The Court's ability to declare acts of Congress unconstitutional is a key aspect of its role as the guardian of the Constitution.
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It has original and appellate jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex. It states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision grants the Supreme Court original and appellate jurisdiction, allowing it to act as the guardian of the Constitution.
The Supreme Court's original jurisdiction empowers it to preside over specific cases directly, without any prior proceedings in lower courts. This includes cases involving suits between two or more states, disputes concerning ambassadors and other public ministers, and those in which a state is a party. The Judiciary Act of 1789 further expanded the Court's original jurisdiction, granting it the authority to issue writs of mandamus, which are legal orders compelling government officials to fulfil their duties.
Appellate jurisdiction, on the other hand, refers to the Court's ability to hear cases on appeal from lower courts. The Supreme Court has broad appellate jurisdiction, allowing it to review almost any case involving constitutional or federal law. This includes cases where the United States is a party, those involving treaties, and admiralty cases concerning ships on the high seas or navigable waterways. The Certiorari Act of 1925 further enhanced the Court's discretion in deciding which cases to hear on appeal.
While the Supreme Court has the discretion to select the cases it hears, it typically accepts only those of national significance, those that could harmonise conflicting decisions in lower courts, or those with potential precedential value. The Court's decisions have far-reaching implications, impacting not just the legal community but society at large. This discretionary power is a critical tool in shaping the Court's role as the guardian of the Constitution.
In summary, the Supreme Court's original and appellate jurisdiction empower it to hear a wide range of cases, from those involving international relations and disputes between states, to those impacting civil rights and liberties. Through its discretionary power to select cases, the Court ensures that it hears matters of significant constitutional importance, thereby safeguarding the values enshrined in the Constitution.
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The Supreme Court protects citizens' fundamental rights
The Supreme Court is the highest judicial court in India. It upholds the rule of law and protects citizens' fundamental rights and liberties as granted in the Constitution. The Supreme Court of India was established on 28 January 1950 and is the guardian/protector of fundamental rights. Any person whose fundamental rights are violated can directly approach the Supreme Court for a remedy, and any matter regarding the enforcement of fundamental rights comes under the original jurisdiction of the Supreme Court.
The US Supreme Court also plays a very important role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Due to its power of judicial review, it plays a crucial role in ensuring that each branch of the government acknowledges the limits of its authority. The Supreme Court's power of judicial review, or its ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the Constitution. The Court established this doctrine in the case of Marbury v. Madison (1803). In this case, the Court decided whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as the supreme law of the land, the Court held that an Act of Congress that is contrary to the Constitution is null and void.
The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. For example, cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). When exercising its appellate jurisdiction, the Court, with a few exceptions, is not required to hear a case. However, it has the discretion to decide whether or not to do so.
In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment (1869), the Supreme Court ruled that most of the provisions of the Bill of Rights were applicable to the states as well. Therefore, the Court has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated.
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Frequently asked questions
The Supreme Court is the highest judicial court in India. It upholds and protects citizens' rights and liberties as given in the Constitution. It also has the power of judicial review, which allows it to strike down any Legislative or Executive act that is found to be in violation of the Constitution.
Judicial review is the power of the Supreme Court to declare a Legislative or Executive act in violation of the Constitution. This power is not mentioned in the text of the Constitution but was established in the Marbury v. Madison case in 1803. The Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The jurisdiction of the Supreme Court is established in Article III, Section I of the Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
