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
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.