Eleanor Finch
The Supreme Court of India is the highest judicial authority in the country and is considered one of the most powerful supreme courts in the world. It is the final court of appeal for all civil and criminal cases, and its decisions are binding on all courts within the territory of India. The Supreme Court is responsible for safeguarding the fundamental rights of citizens and settling legal disputes between central and state governments. It also has the power to review and invalidate laws and government actions that violate the Constitution. The Court consists of the Chief Justice of India and a maximum of 33 fellow judges, who are appointed by the president on the recommendation of a collegium. This article will explore the constitutional powers vested in the Supreme Court of India, including its appellate, advisory, and review jurisdictions.
| Characteristics | Values |
|---|---|
| Highest court of the Republic of India | Supreme Court of India |
| Highest appeal court | Supreme Court of India |
| Power to issue special leave | Supreme Court of India |
| Advisory power | Supreme Court of India |
| Power to review laws | Supreme Court of India |
| Power to punish for contempt of court | Supreme Court of India |
| Judicial review power | Supreme Court of India |
| Power to safeguard the fundamental rights of citizens | Supreme Court of India |
| Settle legal disputes among the central government and various state governments | Supreme Court of India |
| Power to regulate the practice and procedure of the Court | Supreme Court of India |
| Power to decide the seat of the Supreme Court | Chief Justice of India |
| Power to appoint judges to the Supreme Court | President of India |
| Power to remove a judge from the Supreme Court | President of India |
| Power to pardon | President of India |
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What You'll Learn
- The Supreme Court is the highest court of appeal in India
- It has the power to declare law that is binding on all courts in the country
- The Supreme Court can advise the President of India on questions of law
- It has the power to review any laws passed by the legislature
- The Supreme Court can punish for contempt of court
The Supreme Court is the highest court of appeal in India
The Supreme Court of India is the highest court of appeal in the country, with the power of judicial review. It is the final court of appeal for all civil and criminal cases in India. The Supreme Court is presided over by the Chief Justice of India, with 33 additional judges. The Constitution of India grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislation or government actions that violate it.
The Supreme Court wields appellate jurisdiction over all courts and can invalidate amendments to the constitution. It is authorised to pass any order deemed necessary in the interest of complete justice, which is binding on the president to enforce. The Supreme Court has original, appellate, and advisory jurisdictions. It takes up appeals primarily against verdicts of the High Courts of various states and tribunals.
The Supreme Court was established on 28 January 1950, two days after India became a republic. It replaced the Federal Court of India and the Judicial Committee of the Privy Council, which were at the apex of the Indian court system. The Supreme Court has the power to review any laws passed by the legislature. It can advise the President of India on questions of law that are of public importance.
The Supreme Court is unique in its treatment of letters, telegrams, postcards, and news reports as writ petitions, known as 'Public Interest Litigation'. It also provides free legal aid to those who are from the poor section of society, belong to a Scheduled Caste or Scheduled Tribe, are victims of natural calamity, are women or children, are mentally ill or otherwise disabled, or are in custody.
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It has the power to declare law that is binding on all courts in the country
The Supreme Court of India is the highest judicial authority in the country and its decisions are binding on all courts within the territory of India. This means that the Supreme Court's rulings must be followed by all lower courts, including the High Courts and district courts. The Supreme Court is also the final court of appeal for all civil and criminal cases in India, and it has the power to review and invalidate laws passed by the legislature if they are found to be unconstitutional. This power of judicial review is a key feature of the Supreme Court's authority and responsibility as the Guardian of the Constitution.
The Supreme Court's power to declare law that is binding on all courts in the country is a significant aspect of its role in the Indian judicial system. This power ensures that the Supreme Court's interpretations of the law and its rulings on constitutional matters are uniformly applied and followed across the country. It enables the Supreme Court to provide clear and consistent guidance to lower courts, thereby promoting legal uniformity and consistency in the administration of justice.
The Supreme Court's binding decisions cover a wide range of legal and constitutional issues. For example, the Supreme Court can issue rulings on matters related to civil and criminal cases, constitutional interpretation, fundamental rights, and disputes between different levels of government, including the central government and state governments. This comprehensive jurisdiction further highlights the significance of the Supreme Court's power to declare binding law.
The Supreme Court's power to declare binding law also extends to matters of contempt of court. Under Articles 129 and 142 of the Constitution, the Supreme Court has the authority to punish for contempt of court, including contempt of the Supreme Court itself. This power reinforces the importance of upholding the dignity and authority of the judiciary in the administration of justice.
Additionally, the Supreme Court's decisions are not subject to override by the President of India. While the President has the power to pardon in certain cases, the Supreme Court's rulings remain intact, and the President cannot directly overturn a Supreme Court decision. This further underscores the finality and authority of the Supreme Court's power to declare binding law.
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The Supreme Court can advise the President of India on questions of law
The Supreme Court of India is the highest court of the Republic of India and is the apex judicial authority in the country. It is the final court of appeal for all civil and criminal cases in India. The Supreme Court consists of the Chief Justice of India and a maximum of 33 fellow judges.
The Supreme Court has extensive powers, including original, appellate, and advisory jurisdictions. As an advisory court, it hears matters referred to it by the President of India. This advisory jurisdiction is a powerful tool for the President, who can seek the Court's opinion on questions of law or fact of public importance. This power, provided by Article 143 of the Constitution, is not binding, and the President may choose to act on the advice or not.
The President's ability to seek the Supreme Court's advice is a unique feature of India's constitutional democracy. It allows the President to consult the highest court on significant legal questions concerning government powers and ensures that the machinery of governance operates within the boundaries of the law.
The Supreme Court's decisions are binding on all Courts within India, and it has the power to invalidate ordinary laws and constitutional amendments. This power of judicial review is essential to safeguarding the fundamental rights of citizens and settling legal disputes between the central government and state governments.
The Supreme Court also has the power to punish for contempt of Court, including contempt of itself, and its administrative wing is known as the Registry, which is divided into two main wings: Administration and Judicial.
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It has the power to review any laws passed by the legislature
The Supreme Court of India is the highest judicial authority in the country. It is the final court of appeal for all civil and criminal cases, and its decisions are binding on all other courts within the territory of India. The Supreme Court is also known as the Guardian of the Constitution, as it upholds the rule of law and protects citizens' rights and liberties as outlined in the Constitution.
The Supreme Court has the power to review any laws passed by the legislature. This is known as the Review Jurisdiction, as per Article 137 of the Constitution. This means that the Supreme Court can examine and evaluate the legality and validity of laws passed by the legislative branch of the government. The Court can declare a law unconstitutional if it violates the fundamental rights and freedoms guaranteed by the Constitution. This power of judicial review is a crucial aspect of the Supreme Court's role in maintaining the checks and balances within the Indian political system.
The Supreme Court's review jurisdiction is not limited to laws passed by the legislature but also extends to constitutional amendments. This power was established in the 1960s and 1970s through the Basic Structure doctrine, which asserts that the Supreme Court can invalidate both ordinary laws and constitutional amendments if they contradict the fundamental structure of the Constitution. This doctrine was solidified in the landmark case of Kesavananda Bharati v. State of Kerala in 1973, where a bench of 13 judges decided that Parliament did not have an unfettered right to amend the Constitution.
The process of reviewing a law involves the Supreme Court examining the legislation in question and assessing its compatibility with the Constitution. The Court may consider the purpose and objectives of the law, the interpretation of relevant constitutional provisions, and the potential impact on citizens' rights and liberties. If the Court finds that a law violates the Constitution, it can declare it invalid or unconstitutional, rendering it null and void. This power of judicial review ensures that the legislative branch remains accountable to the principles enshrined in the Constitution and protects the rights of citizens from potential governmental overreach.
The Supreme Court's power to review laws passed by the legislature is a critical component of India's democratic system. It serves as a check on legislative power, ensuring that laws are consistent with the Constitution and protecting the fundamental rights of citizens. This review jurisdiction reinforces the Supreme Court's role as the highest judicial authority in the country and underscores its commitment to upholding the rule of law.
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The Supreme Court can punish for contempt of court
The Supreme Court is the highest court in a country, with the power to hear appeals and advise the President on matters of law. In the US, the Supreme Court has the power to punish for contempt of court, which includes the ability to jail individuals for defying its judgments. This power is considered inherent in all courts and is essential for preserving order in judicial proceedings and enforcing judgments, orders, and writs.
In the history of the US Supreme Court, this power has been exercised only once. In 1910, several individuals were imprisoned for contempt of court in relation to the 1906 lynching of Ed Johnson, a Tennessee criminal defendant who had been wrongfully convicted and sentenced to death. The Supreme Court's authority was asserted through these sentences, which ranged from 60 to 90 days in jail.
In the Indian context, the Supreme Court is the highest judicial authority and the final court of appeal for civil and criminal cases. It has original, appellate, and advisory jurisdictions. The Supreme Court of India can invalidate amendments to the constitution and safeguard the fundamental rights of citizens. However, there is no specific mention of the power to punish for contempt of court in the Indian Supreme Court's constitutional powers.
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Frequently asked questions
The Supreme Court of India is the highest court of the Republic of India and the country's supreme judicial authority. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review.
The Supreme Court upholds the rule of law and protects citizens' rights and liberties as given in the Constitution. It can invalidate legislations or government actions that violate the Constitution. It also has the power to punish for contempt of court.
A judge is appointed to the Supreme Court by the president on the recommendation of the collegium, which includes the Chief Justice of India, the four most senior judges of the court, and the senior-most judge from the high court of a prospective appointee.
