Our Constitution: A Blend Of Judicial Philosophies

The US Constitution establishes the federal judiciary and outlines the judicial power of the United States. Article III, Section I of the Constitution 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 means that the US Constitution is based on a judicial background that recognizes the Supreme Court as the highest court in the land, with the power to review and strike down laws that violate the Constitution. The Constitution also permits Congress to establish inferior courts and decide on the organization of the Supreme Court, as seen in the Judiciary Act of 1789. The Supreme Court plays a crucial role in the US constitutional system of government, serving as the court of last resort and ensuring that each branch of government recognizes its limits.

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The Supreme Court

The United States Constitution establishes a federal judiciary with judicial power vested in a Supreme Court and such inferior courts as Congress chooses to create. Article III, Section I of the Constitution states:

> "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 Constitution grants Congress the power to decide how to organise the Supreme Court, which it first exercised in the Judiciary Act of 1789. This Act established a Supreme Court with six justices and created the lower federal court system. The number of seats on the Supreme Court has varied over the years, from a low of five to a high of 10, before being fixed at nine shortly after the Civil War.

Judicial power

The US Constitution establishes the federal judiciary and outlines the judicial power of the United States. Article III, Section I of the Constitution states:

> "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 US Supreme Court and inferior courts established by Congress the authority to interpret and apply the law, as well as to resolve disputes and enforce legal rights and obligations. The Constitution further outlines the jurisdiction of the Supreme Court, granting it original jurisdiction in specific cases and appellate jurisdiction in almost all other cases involving constitutional or federal law.

The judicial power of the United States is vested in the Supreme Court and inferior courts, with judges appointed by the President and confirmed by the Senate. These judges typically hold office for life, and their compensation cannot be decreased during their term. The independence of the judiciary from political branches is protected by these restrictions.

The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is a significant aspect of its judicial power. This power allows the Court to declare legislative or executive acts as unconstitutional and ensures that each branch of government recognises its own limitations. The Court also plays a role in protecting civil rights and liberties by striking down laws that violate the Constitution.

In summary, the judicial power outlined in the US Constitution establishes the federal judiciary, with the Supreme Court at its apex, and grants these courts the authority to interpret and enforce the law, protect civil liberties, and ensure that all branches of government operate within their constitutional limits.

Jurisdiction

The Indian Constitution provides for a single integrated system of courts, with the Supreme Court of India at the apex, followed by the High Courts in each State or group of States. The District Courts function under the administration of each High Court, and some States also have Village/Panchayat Courts to decide civil and criminal disputes of a petty and local nature. The Supreme Court of India comprises the Chief Justice of India and up to 33 other Judges appointed by the President. The Constitution grants the Supreme Court original, appellate, and advisory jurisdiction.

Original jurisdiction refers to matters for which a particular court is approached first. The Supreme Court's original jurisdiction includes disputes between the Indian Government and one or more States, disputes between two or more States, and matters regarding the enforcement of Fundamental Rights. The Supreme Court can issue writs, directions, or orders to enforce Fundamental Rights.

Appellate jurisdiction refers to the power of a higher court to review and correct the decisions of a lower court. The Supreme Court has a wide appellate jurisdiction over all Courts and Tribunals in India and may grant special leave to appeal under Article 136 of the Constitution. The High Courts also have appellate jurisdiction over the lower courts within their respective States.

Advisory jurisdiction refers to the power of a court to provide legal advice or opinion without binding force. The Supreme Court has special advisory jurisdiction in matters specifically referred to it by the President of India under Article 143 of the Constitution. This includes matters relating to the interpretation of the Constitution, election petitions, and contempt of court.

The Indian Constitution also allows for judicial review, a concept adopted from the United States Constitution. Judicial review is dealt with in Article 13, which states that pre-constitutional laws that conflict with the Constitution shall have their conflicting provisions deemed ineffective until an amendment resolves the conflict. Laws made after the adoption of the Constitution must be compatible with it, and the Supreme Court or a High Court may declare a law void if it violates the Constitution.

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Judicial review

The US Constitution establishes the federal judiciary and outlines the judicial power of the United States. Article III, Section I of the Constitution 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 recognises the Supreme Court as the highest court in the land and grants Congress the power to establish lower federal courts.

While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied, but since shortly after the Civil War, it has been fixed at nine, including one Chief Justice and eight Associate Justices.

The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is a critical aspect of its role. Judicial review refers to the Court's ability to declare a Legislative or Executive act in violation of the Constitution. In the Marbury v. Madison case, the Court determined that an Act of Congress contrary to the Constitution could not stand, as Article VI of the Constitution establishes it as the supreme law of the land.

Through judicial review, the Supreme Court ensures that each branch of government recognises its own power limits. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions can shape society by setting limits on democratic government and safeguarding fundamental values such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court's jurisdiction, or legal ability to hear a case, is outlined in Article III, Section II of the Constitution. The Court has original jurisdiction over specific cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction, allowing it to hear cases on appeal involving constitutional or federal law.

Independence of the judiciary

The independence of the judiciary is a key principle of the US Constitution. The Constitution establishes a federal judiciary, with the Supreme Court at the apex, and gives it the power of judicial review. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, protecting civil rights and liberties.

Article III, Section I of the Constitution, also known as the Judicial Vesting Clause, 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 ensures the existence of a federal Supreme Court but leaves the decision of organising it to Congress.

The Constitution protects the independence of the judiciary from political branches of government through several measures. Firstly, judges typically hold office for life, and their salaries cannot be decreased during their term. These safeguards ensure that judges are not influenced by the possibility of punishment or reward from political branches.

Additionally, Article III, Section 2, Clause 3 of the Constitution governs criminal trials, requiring a jury trial for all crimes except in cases of impeachment. This protects against political interference in criminal cases and ensures that trials are held in the state where the crimes were committed, providing impartiality and fairness.

The historical context also suggests that the Framers of the Constitution were aware of and accepted the concept of judicial review. They recognised the importance of courts reviewing the constitutionality of legislation, even though the Constitution does not expressly grant federal courts this power. The Supreme Court established its judicial review power in the case of Marbury v. Madison (1803), where it held that an Act of Congress contrary to the Constitution could not stand.

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