Monday, 20 June 2022

Supreme Court of India

 Supreme Court of India

The Indian government has 3 organs. 1. Legislature,2. Executive,3. Judiciary. Legislature is the branch of

the government which frames laws for the betterment of the country. The executive is the organ that

implements the laws framed by the government. The judiciary is the organ that settles disputes,

interprets the laws, and administers justice.

India follows a pyramid structure, in India, the lower court is known as the district court and the Higher

court is known as the High court whereas the highest court is known as the Supreme court.

There are various functions of the judiciary, such as the administration of justice; which talks about the

laws that apply to specific cases or disputes. 2. Guardian of the constitution; the judiciary is seen as the

guardian of the constitution, the constitution helps to resolve the disputes between the state and

central government, not just this they guard the citizen’s fundamental rights. 3. Supervisory function;

Supreme court supervises the case in the lower case and 4. Advisory functions: this talks about the Apex

court advising the lower court.

In the constitution, there are various provisions related to the appointment of the chief justice of India

and the appointment of judges. The law doesn't specify a way to lay down the procedure for the

appointment of chief justice. The Apex laid down in a judgment that only the senior-most judge of the

supreme court is eligible to become the chief justice. At present the convention of appointing the

senior-most judge as the chief justice prevails.

Appointment of judges has been given in Article 124, which states that every judge shall be appointed

by the president after the consultancy with the judges of the supreme court. The appointment of judges

other than the appointment of the chief justice, it should be done with the consultation with the chief

justice. The supreme court has held in the case that the chief justice must consult 4 judges of the

Supreme court should give their opinion for the appointment of the judges.

Supreme court has power over various jurisdictions, such as A. original jurisdiction, Apex court has the

original jurisdiction over the following cases,

 Between the government of India and one or more state

 Between the government of India and one or more states on one side and one or more states

on the other

 Between two or more states, the question must involve the question laws and facts

 Writ jurisdiction

 Cases related to the fundamental right

Supreme court also focuses upon the appellate jurisdiction, this is a type of jurisdiction in which appeal

lies to SC if HC certifies that the case involves a substantial question of law which helps to interpret the

questions related to the constitution. If HC refuses to give a certificate, SC may grant special leave for an

appeal if it is satisfied that the case does involve such a question.

The Supreme court also focuses upon the revisory jurisdiction and Supreme court as the court of

record. Revisory jurisdiction empowers to review any judgment or order made by it to remove any

mistake or error that might have crept in judgment. The judgment passed by the SC is binding upon all

the courts. The court of record means, that the Supreme court records all the judicial proceedings are

evidentiary value before any court has the power to determine its jurisdiction.

These are various functions and jurisdictions practiced by the supreme court.

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