Friday, 3 June 2022

The Supreme Court

 The Supreme Court

The supreme court is the highest tribunal in the country. It is impartial in the dispensation of justice because of its independence from the legislative and executive wings. The jurisdiction of the Supreme Court is three fold:

  1. Original Jurisdiction:

 The power or authority to administer justice.

  1. Appellate:

Power of the Higher Court to hear appeals.

  1. Advisory:

Power to advise the president on any question of law or fact or fact of law of public importance.

 Functions of the Supreme Court

  • Original Jurisdiction

 (The power or authority to administer justice) The Supreme Court decides disputes between different units or states of the Union. These may be:

  • Disputes between the Government of India and one or more States. 

  • Dispute between the Government of India and any state or states on one side and one or more other states on the other. 

  • Disputes between two or more states. In this matter it is a strictly federal court. Here the parties to the suit are government, i.e., the Union or the State's. The Supreme Court also has original jurisdiction in the matter of Fundamental Rights. All cases in which an interpretational of the Constitution is involved can be directly field in the Supreme Court.

  • Appellate Jurisdiction

( Appellate:  Power of the Higher Court to hear appeals) The supreme court is the highest and the final Court of appeal from all courts in the territory of India. It's appellate jurisdiction falls under three groups: 

  • Constitutional cases: It hears cases involving interpretation of the Constitution- civil, criminal or other proceedings if the High Court certifies that the case involves question of law related to the interpretation of the constitution.

  •  Civil cases: The Supreme Court entertains and appeal if the High Court certifies that: the case involves a substantial question of law of general importance. That in the opinion of the high court this question needs to be decided by the Supreme Court.

  •  Criminal cases: The Supreme court hears a fees in this criminal matters if: The High Court has reversed and order of acquittal of an accused person and sentences him to death. The High Court has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death. If the high court certified that the case is a fit one for appeal to Supreme Court.

Advisory powers

 the President may refer to the supreme court any question of law or fact of law of public importance for opinion. The minimum number of judges to hear such cases is five. The power to consult the supreme court is known as Consultative or Advisory power of the Supreme Court. 

Writ jurisdiction

The Supreme Court is the guidance and interpreter of the Constitution. It is the ultimate authority and can declare as to whether a particular law is ultra vires or intra virus. 

The Supreme Court has the power to issue order or directions for the enforcement of Fundamental Rights. This power is also excited by the high court's. These are in the nature of writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. The Supreme Court has also the power to grant leave to appeal against any judgement or order issued by any court or tribunal in India. As the highest court in the country the decisions of Supreme Court is binding on all the courts of India.

 As a Court of Record 

It means the supreme court is the superior court where the decisions and judicial proceedings are recorded or preserved for perpetual memory. All its judgements operate as precedents and they are not to be questioned when produced Before any court. Its decisions are binding on all courts of India. The supreme court also has the power to find and imprison any person for contempt of his authority.

 Revisory Jurisdiction The Supreme Court has the power to review any judgement pronounced or order made by it. It is not bound by its own decisions and orders. It possesses the right to review the judgement and, if found necessary it reverses the earlier decisions.

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