Omar Bennett
The Supreme Court of India is the highest authority in the country's judicial system and has the power to interpret the Constitution. The Court ensures that any interpretation does not infringe upon the fundamental structure of the Constitution and can scrutinize any violation of fundamental rights in India. The Supreme Court can also review the constitutional validity of decisions made by the legislative and executive branches, constitutional amendments, and administrative actions taken by central and state governments.
| Characteristics | Values |
|---|---|
| Ultimate power | Supreme Court and High Courts |
| Topmost authority in India's judicial system | Supreme Court |
| Jurisdiction | Original, Appellate, Writ, Advisory, Review, Inherent, and Extraordinary |
| Functions | Settles disputes between Union and States and amongst States |
| Functions | Tries appeals from lower courts in Civil, Criminal and Constitutional cases |
| Functions | Advises the President on matters of public importance and law |
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What You'll Learn
The Supreme Court of India has the final authority
The Supreme Court of India is the final authority on interpreting the Constitution of India. The Supreme Court is the highest authority in India's judicial system, and it wields the power to interpret laws, ensuring that any interpretation does not infringe upon the fundamental structure of the constitution. The Court's Judicial Review authority allows it to scrutinize any violation of fundamental rights in India. It can review the constitutional validity of decisions made by the legislative and executive branches, constitutional amendments, and administrative actions taken by central and state governments. This review process determines whether a law is in accordance with the constitution.
The Supreme Court employs various approaches to interpret the constitution, including the Doctrinal approach, Textualist approach, and Purposive approach. The Court's seven jurisdictions are Original jurisdiction, Appellate jurisdiction, Writ jurisdiction, Advisory jurisdiction, Review jurisdiction, Inherent jurisdiction, and Extraordinary jurisdiction.
The Supreme Court's power to interpret the Constitution is not unlimited, however. It functions within the limitations imposed by the Constitution, and its functions and responsibilities are defined by the Constitution itself. The Constitution also outlines the specific jurisdiction or scope of powers of the Supreme Court.
The High Courts of India also have the power to interpret the Constitution and entertain judicial review petitions. However, the Supreme Court remains the final authority, and its decisions are binding on all lower courts in the country.
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The High Courts also have the power
The power to interpret the Indian Constitution and entertain petitions for judicial review is held by the Supreme Court and the High Courts, which are therefore referred to as constitutional courts. The High Courts are state-level courts that are authorised to establish commonalities between two or more states.
The High Courts' power to interpret the Constitution is derived from Articles 226 and 227. These articles vest the High Courts with the authority to exercise judicial review, where state activities or inactions are subjected to an established test. This means that the High Courts have the power to scrutinise the actions or inactions of the state to ensure that they comply with the Constitution.
The High Courts' interpretation of the Constitution is guided by the objective of ensuring fair and equitable justice. They employ various strategies and methods to decipher the true meaning and intent of the constitutional provisions. This process involves considering the specific context, purpose, and implications of the constitutional provisions in question.
The High Courts' power to interpret the Constitution is not unlimited. It functions within the limitations imposed by the Constitution itself. Articles 214 to 231 in Part VI of the Constitution outline the functions and responsibilities of the High Courts, providing a clear framework within which they operate.
The High Courts play a crucial role in safeguarding the fundamental rights and liberties of Indian citizens. By interpreting the Constitution, they ensure that the actions of the state are aligned with the values and principles enshrined in the Constitution, thereby protecting the rights and interests of the people.
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The Supreme Court can scrutinise violations of fundamental rights
The power to interpret the Indian Constitution is vested in the Supreme Court and the High Courts, which are referred to as the constitutional courts. The Supreme Court is the final arbiter of the Fundamental Rights enshrined in the Constitution, and it has the power to strike down any law that violates these rights.
The Fundamental Rights in India, as laid out in Part III (Article 12–35) of the Constitution, guarantee civil liberties that enable all Indians to lead peaceful and harmonious lives as citizens. These rights are considered fundamental as they are essential for all-round development, including material, intellectual, moral, and spiritual growth, and are protected by the Constitution.
The Supreme Court has been designated by the Constitution as the protector of these rights and has been empowered to issue writs for their enforcement. These writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. The Court can issue these writs against private bodies, and in cases of violation, it can award compensation to the affected individual. The Supreme Court can also act suo motu or on the basis of public interest litigation.
The Supreme Court's jurisdiction extends to enforcing Fundamental Rights even against private bodies. This means that if an individual's Fundamental Rights are violated by a private entity, they can petition the Supreme Court for redress. The Court can then direct the State Machinery to enforce these rights and ensure their protection.
The Supreme Court has played an active role in upholding Fundamental Rights. In a 2003 decision, the Court directed the Centre to implement the recommendations of the Justice J.S. Verma Committee, which was established to suggest ways to teach Fundamental Duties in schools. The Court has also asserted its duty to act against violations of Fundamental Rights, stating that it would not wait for a "majoritarian government" to enact, amend, or strike down laws that infringe upon these rights.
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The Supreme Court's seven jurisdictions
The Supreme Court of India is the country's highest judicial authority and the final court of appeal for all civil and criminal cases. It has original, appellate, and advisory jurisdiction, with the power of judicial review. The Supreme Court is composed of the Chief Justice of India and up to 33 other judges.
The Supreme Court's original jurisdiction includes settling 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 has the power to enforce fundamental rights under Article 32 of the Constitution, allowing it to issue directions, orders, or writs.
The Court's appellate jurisdiction is extensive, covering all Courts and Tribunals in India. It may grant special leave to appeal under Article 136 of the Constitution. The Supreme Court also has the power to direct the transfer of any civil or criminal case from one High Court to another or from a subordinate Court to a High Court.
The advisory jurisdiction of the Supreme Court includes hearing matters referred by the President of India. Under Article 143, the Court provides advice on matters of public importance and law. Additionally, the Court advises on Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952, which are filed directly with the Supreme Court.
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. It can review its judgments or orders, with certain limitations, and it can be moved by a writ petition or a letter to the Chief Justice of India on matters of public importance.
The Supreme Court has a Mediation Centre that resolves matters referred to it by the Court. It is an incredibly powerful institution, with the ability to invalidate amendments to the Constitution and the authority to pass binding orders in the interest of complete justice, which even the President must enforce.
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The Judiciary is the third organ of the government
The Indian government is guided by three pillars: the Legislature, the Executives, and the Judiciary. The Judiciary is the third organ of the government and is an independent and impartial branch. The other two organs of the government, the executive and the legislature, do not interfere with the judiciary's functioning. The judiciary interprets the law, settles disputes, and administers justice to all citizens. It acts as a watchdog of democracy and the guardian of the Constitution.
The judiciary in India has a pyramidal structure with the Supreme Court at the top. The Supreme Court is the highest court and serves as the final court of appeal for all civil and criminal cases in India. The Supreme Court can have a maximum strength of 34 judges, including one Chief Justice. The President of India appoints the Chief Justice and the other judges. The Supreme Court has three types of jurisdictions: original, appellate, and advisory. It settles disputes between the Union and States and amongst States. It also tries appeals from lower courts in civil, criminal, and constitutional cases.
Below the Supreme Court are the High Courts, which are the top judicial courts in individual states, led by the state Chief Justice. The High Courts manage a system of subordinate courts headed by the various District and Session Courts in their respective jurisdictions. The District Judges are known as Principal District and Session Judges when vested with administrative power. The officers of Junior and Senior division are subordinate to the District and Session Judges and also to CJMs. ADJs are under the general control of their respective high courts. One-third of High Court judges are filled from the Subordinate Judiciary.
The judiciary acts as the Constitution's watchdog by calling for scrutiny of any act of the legislature or the executive that oversteps the bounds set for them by the Constitution. It protects the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. It also balances the conflicting exercise of power between the centre and a state or among states. The judiciary is expected to remain unaffected by pressures exerted by other branches of the government, citizens, or interest groups. The independence of the judiciary is a basic and inalienable feature of the Constitution.
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Frequently asked questions
The Supreme Court of India has the power to interpret the Constitution of India.
The Supreme Court of India is the highest authority in India's judicial system.
The Supreme Court ensures that any interpretation of the Constitution does not infringe upon its fundamental structure.
The Supreme Court employs various approaches to interpret the Constitution, including the Doctrinal approach, Textualist approach, and Purposive approach.
The Supreme Court is the highest court in India, followed by the High Courts at the state level and lower courts at the lower levels. The Supreme Court has the final authority to interpret the Constitution, while the High Courts can also interpret the Constitution but function within the limitations imposed by it.
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