Jonah Patel
The Indian Constitution, under Article 129, states that the Supreme Court of India is a Court of Record, with the power to punish for contempt of itself. Article 215 of the Constitution of India, 1950, also confers the powers of the Court of Record to the High Courts of India. A Court of Record is a trial or appellate court that captures and preserves a record of the proceedings for the possibility of an appeal.
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What You'll Learn
The Supreme Court of India is the highest court in the country
The Supreme Court of India is the country's highest court and the ultimate judicial authority in the Republic of India. It was established by Article 124 of the Constitution and consists of the Chief Justice of India and up to 33 other judges. The Supreme Court is a court of record, a term which refers to a court that preserves its records, maintains records of lower courts, can punish contempt, and is competent to give directions and issue writs.
The Supreme Court has original, appellate, and advisory jurisdictions. It hears appeals against verdicts of High Courts of various states and tribunals, and it also hears matters referred to it by the President of India. The Court has the power of judicial review, which means it can invalidate normal laws and constitutional amendments, and it is required to safeguard the fundamental rights of citizens.
The Supreme Court's decisions are binding on other Indian courts, as well as the union and state governments. This power is outlined in Article 142 of the Constitution, which gives the Court the authority to pass any order necessary in the interest of complete justice, and the President is bound to enforce these orders.
The Supreme Court is based in Delhi, though it can also sit in other places as appointed by the Chief Justice with the President's approval. The current Chief Justice is Justice Sanjiv Khanna, who was sworn in on November 11, 2024.
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The Chief Justice of India is the head judge
The Supreme Court of India is a court of record, as defined by Article 129 of the Indian Constitution. It has the powers of a court of record, including the ability to preserve its records, maintain records of lower courts, and punish contempt of court.
The Chief Justice is responsible for allocating cases and appointing constitutional benches. They also carry out administrative functions, such as maintaining the roster, appointing court officials, and supervising the functioning of the Supreme Court. The Chief Justice is also the de facto chancellor of the National Law School of India University and Visitor of the National Law University, Delhi.
In the event of the offices of the President and Vice President being vacant, the Chief Justice of India shall act as the President of India, as specified by the President (Discharge of Functions) Act, 1969. This occurred when President Zakir Hussain died in office, and the Chief Justice, Justice Mohammad Hidayatullah, became the acting President of India.
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The Supreme Court has powers to punish for contempt of itself
The Supreme Court of India is a court of record, as outlined in Article 129 of the Indian Constitution, 1950. This status confers upon the Supreme Court all the powers of a court of record, including the power to punish for contempt of itself. This power is further supported by Article 142 of the Constitution and the Contempt of Courts Act, 1971.
The Supreme Court's power to punish for contempt is essential to ensuring that judges can carry out their duties without fear, favour, affection, or ill will. Contempt of court refers to any action that shows disrespect to the dignity or authority of a court. This can take the form of civil or criminal contempt. Civil contempt involves the willful disobedience of any judgment, decree, direction, order, writ, or other court processes, or the wilful breach of an undertaking given to the court. Criminal contempt, on the other hand, involves any publication that may result in scandalising the court, interfering in the due course of a judicial proceeding, or obstructing the administration of justice.
The Supreme Court can initiate contempt proceedings in several ways. Firstly, the Court may act Suo motu, meaning on its own motion, without any prompting from external sources. Secondly, the Attorney General or Solicitor General may petition the Court to initiate contempt proceedings. Lastly, any person may petition the Court to take action in cases of criminal contempt, provided they have the written consent of the Attorney General or Solicitor General.
The Supreme Court's power to punish for contempt of itself is a significant aspect of its role as a court of record. This power enables the Court to maintain its authority and ensure the smooth administration of justice.
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The Supreme Court has jurisdiction over all Courts and Tribunals in India
The Supreme Court of India is the highest court in the country and is the court of last resort for those seeking justice. It has original, appellate, and advisory jurisdiction, and its decisions are binding on all Courts and Tribunals in India.
The Supreme Court's original jurisdiction includes disputes between the Government of India and one or more states, or between the Government of India and any state or states on one side and one or more states on the other. It also includes disputes between two or more states, if the dispute involves any question of law or fact on which the existence or extent of a legal right depends. Additionally, the Supreme Court has original jurisdiction for the enforcement of fundamental rights and can issue directions, orders, or writs to enforce them.
The Supreme Court's appellate jurisdiction can be invoked by a certificate granted by the High Court in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases involving substantial questions of law as to the interpretation of the Constitution or any law. The Supreme Court also has discretionary power to grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence, or order passed by any Court or Tribunal in India.
The Supreme Court's advisory jurisdiction allows it to provide opinions on matters specifically referred to it by the President of India under Article 143 of the Constitution.
The Supreme Court also has the power to punish for contempt of court, including contempt of itself, under Articles 129 and 142 of the Constitution. This power is part of the Supreme Court's role as a court of record, as defined by Article 129 and Article 215 of the Constitution, which also confers the same power to High Courts. As a court of record, the Supreme Court maintains and preserves its records and the records of lower courts.
The Indian judicial system also includes special courts or Tribunals that operate outside of the traditional court structure. These Tribunals are designed to provide speedy and effective justice, particularly in administrative matters, and to address specific types of disputes requiring specialized expertise. Examples include Rent Controllers, Family Courts, Consumer Tribunals, Industrial Tribunals or Courts, and Tax Tribunals. While these Tribunals have flexibility in their procedures, they are bound by the principles of Natural Justice.
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The Supreme Court can review its own judgments or orders
The Supreme Court of India is a court of record, as per Article 129 of the Indian Constitution, 1950. This means that the Supreme Court has the powers of such a court, including the ability to preserve its records, maintain records of all lower courts, and punish contempt of itself.
Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is subject to the Rules made by the Supreme Court under Article 145 and the provisions of any law enacted by Parliament. A review petition must be filed within 30 days of the judgment or order and placed before the same bench that delivered the original decision.
The power to review its own decisions is not an inherent power of the Supreme Court but a protective measure to ensure the delivery of justice. The Court may reopen a judgment if a wrong has been done and it is necessary to pass an order to do full and effective justice. The scope of the power of review was explained in Northern India Caterers (India) v Lt. Governor of Delhi (1979), where the Court held that a party is not entitled to seek a review of a judgment for the purpose of a rehearing and a fresh decision. Instead, the purpose of a review petition is to remedy an apparent error or the resultant grave injustice caused by a decision of the Supreme Court.
An example of the Supreme Court reviewing its own decision is seen in the case of Subhash Kashinath Mahajan v The State of Maharashtra. On March 20, 2018, a 2-Judge Bench decided to remove the bar on granting anticipatory bails in cases of atrocities under the SC/ST Prevention of Atrocities Act, 1989. This decision resulted in widespread dismay among members of the SC/ST community, and the Centre approached the Supreme Court seeking a review of its decision. The review petition was heard and admitted by the Court and is currently pending.
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Frequently asked questions
A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of an appeal. A court clerk or court reporter takes down a record of the oral proceedings.
The Supreme Court of India is the supreme judicial body and the highest court in India. It is the most senior constitutional court and has the power of judicial review. The Supreme Court has a wide appellate jurisdiction over all Courts and Tribunals in India.
Article 129 of the Indian Constitution, 1950, confers the powers pertaining to be the Court of Record to the Supreme Court of India. It states that the Supreme Court shall be a Court of Record and shall have all the powers of such a court, including the power to punish for contempt of itself.
